Biden pardons thousands of U.S.A. veterans convicted under law banning gay sex
June 27, 2024Joe Biden has taken action to address a “great injustice” by pardoning thousands of U.S.A. veterans who were convicted over six decades under a military law that prohibited gay sex.
The presidential proclamation, issued during Pride month and an election year, allows LGBTQ+ service members convicted solely based on their sexual orientation to apply for a certificate of pardon, which will assist them in receiving withheld benefits.
“Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” Biden said in a statement.
“Despite their courage and great sacrifice, thousands of LGBTQ+ service members were forced out of the military because of their sexual orientation or gender identity. Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades.”
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The president noted that this step is about “dignity” and “decency,” aiming to ensure that the military’s culture mirrors that of America.
According to ‘The Guardian’, it grants clemency to service members convicted under Uniform Code of Military Justice article 125, which criminalised sodomy, including between consenting adults, from 1951 until it was rewritten by Congress in 2013.
This includes victims of the 1950s “lavender scare,” a period during which many LGBTQ+ federal employees were considered security risks amid fears that their sexual orientation made them vulnerable to blackmail. Thousands were investigated and either fired or denied employment.
On a call with reporters previewing the announcement, a senior administration official said: “If you think about the historical periods where LGBTQ+ individuals were purged from the federal government more generally, in the parallel military realm that was also occurring during the lavender scare, and so the convictions from those eras are indeed covered by this proclamation.”
Last year, Biden issued a separate proclamation marking the 70th anniversary of the lavender scare. It described a “shameful chapter” in the nation’s history in which 5,000 to 10,000 LGBTQ+ federal employees were investigated and lost their jobs “simply because of who they were and whom they loved.”
This measure also serves as a rebuke of “don’t ask, don’t tell,” a policy from the Bill Clinton era that allowed LGBTQ+ individuals to serve in the military as long as they did not disclose their sexual orientation. This policy, which stated that military personnel would not be asked about their sexual orientation, was repealed in 2010.
A National Security Council official told reporters: “Important to note that the president has been instrumental in remedying this historical injustice through action. Even dating back to his role as vice-president, President Biden played a key role during the Obama-Biden administration to effectuate the repeal of ‘don’t ask, don’t tell’.”
She added: “Last fall, he also directed the Department of Defense to announce a proactive review of the military records of former service members who were discharged because of their sexual orientation, recognizing that some of these individuals are difficult to get a hold of, and may not even know their eligibility for a review of the conditions of their discharge.”
Biden’s exercise of clemency power follows his mass pardon of thousands of individuals convicted of use and simple possession of marijuana on federal lands. In this instance, once LGBTQ+ individuals receive a certificate of pardon, they can apply to the relevant military branch for a change in their discharge status, which affects the type of Veterans Affairs (VA) benefits they qualify for.
A senior administration official said: “This presidential proclamation provides a pathway for the VA to be able to provide these deserving veterans the care and benefits they earned. The individual determination of benefits is specific to the veteran.
“We know from the White House counsel’s office that the administration estimates thousands of individuals were convicted. It’s too early to tell how many of those people will then apply for and receive their pardon certificates, but the VA is committed to ensuring that they receive the pay and benefits that they deserve.”
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