President Biden is set to pardon American veterans who were convicted of engaging in gay sex under a military code that prohibited such behavior for over six decades. This move is expected to grant clemency to approximately 2,000 individuals who faced charges between 1951 and 2013.
The president’s proclamation aims to address what he referred to as a “historic wrong,” acknowledging the discrimination faced by L.G.B.T.Q.I.+ service members who were forced out of the military due to their sexual orientation or gender identity. Many of these individuals were subjected to court-martial and have carried the burden of injustice for years.
The charges brought under Article 125 of the Uniform Code of Military Justice criminalized consensual sexual activity between individuals of the same or opposite sex. The repeal of this portion of the code in 2013 marked progress in ending discrimination based on sexual orientation within the military.
Those seeking to have their convictions overturned can now apply online for a certificate of clemency, which may help them regain benefits that were previously denied. Before 2013, being convicted under Article 125 could result in a dishonorable discharge and loss of pay and allowances.
With a certificate of clemency, individuals can initiate the process of upgrading the terms of their discharges. However, the timeline for this process and the resources dedicated to reaching out to eligible veterans remain unspecified.
President Biden’s efforts to issue these pardons are seen as a step towards promoting dignity, decency, and aligning the values of the armed forces with those of the nation. While his previous clemency actions have focused on nonviolent drug offenders and addressing racial disparities in drug sentencing, this particular proclamation emphasizes inclusivity and justice for L.G.B.T.Q.I.+ individuals who served in the military.
Despite being an election year, the Biden administration officials stressed that the pardons were not politically motivated. The decision to announce these pardons at this time was not elaborated upon by officials.
In conclusion, the pardon of veterans convicted of gay sex represents a significant step towards rectifying past injustices and promoting equality within the military. This action underscores the administration’s commitment to upholding the values of dignity and inclusivity for all service members, regardless of sexual orientation.