President Biden on Wednesday pardoned former US military soldiers who were dishonorably discharged after being convicted of violating the military’s now-repealed ban on consensual same-sex sexual activity.
Biden’s measure would grant amnesty to military personnel convicted under Article 125 of the Uniform Code of Military Justice, a former law that criminalized sodomy. The law, in place since 1951, was amended in 2013 to ban only coercive acts.
Those eligible for pardon may apply for certification that their conviction has been expunged, petition for an upgrade to their military discharge status, or file for recovery of lost pay and benefits.
“We are righting a historic wrong,” the president said in a statement.
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President Biden on Wednesday announced pardons for former military members convicted under the military’s now-repealed ban on consensual homosexual conduct. (Andrew Layden/NurPhoto via Getty Images)
“Despite their bravery and tremendous sacrifice, thousands of LGBTQI+ service members have been forcibly removed from the military because of their sexual orientation or gender identity. Some of these patriotic Americans have been court-martialed and have carried the burden of this great injustice for decades,” Biden said.
“This is about dignity, civility and ensuring that the culture of our military reflects the values that make us an exceptional nation,” he added. “We have a sacred obligation to all our service members, including our brave LGBTQI+ service members, to properly prepare and equip them when they deploy to dangerous places and to care for them and their families when they return home.”
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Members of the U.S. military community march through the streets during the 2023 Capital Pride Festival in Washington, DC, on June 10, 2023. (Andrew Caballero Reynolds/AFP via Getty Images)
The move, which could potentially restore lost benefits for thousands of LGBTQI+ veterans, comes more than three decades after Biden endorsed the “don’t ask, don’t tell” policy, which bans discrimination against closeted gay and bisexual service members while barring openly gay and bisexual people from serving in the military.
Biden voted for the “don’t ask, don’t tell” policy as part of a larger defense bill after voting against an amendment that was adopted in 1993. Congress repealed the policy in 2011 with the support of then-President Barack Obama and Biden, who was then Vice President.
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President Obama made the gesture after signing the “Don’t Ask, Don’t Tell” Repeal Act into law at the Department of the Interior in Washington, D.C., on Dec. 22, 2010. Biden, who was vice president at the time, was in attendance, along with several lawmakers. (Jewel Samad/AFP via Getty Images)
Biden’s pardon move comes during Pride Month and just days before he is scheduled to appear at a fundraiser with LGBT donors in New York on Friday.
This was Biden’s third full pardon, following broad pardons granted in 2022 and 2023 to individuals with federal marijuana possession convictions.
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Military members convicted of rape are not eligible for Biden’s pardons.
The president previously directed the Department of Veterans Affairs to take steps to provide benefits to service members who received other than honorable discharges because of their sexual orientation, gender identity or HIV status.
The Associated Press contributed to this report.
