President Joe Biden has announced that he will pardon U.S. military veterans who were discharged or convicted under military law for consensual same-sex relations. The administration estimates that thousands of veterans may be eligible for a pardon due to convictions enforced under a military law that prohibited certain types of sex between May 1951 to December 2013.
In a written statement, President Biden expressed his commitment to ensuring that the culture of the armed forces reflects the values that make the United States an exceptional nation. The administration officials stated that Biden is taking this historic step to uphold the sacred obligation to care for all service members, veterans, and their families.
Biden’s proclamation will pardon any veterans, both living and deceased, who were discharged or convicted under Article 125 of the Uniform Code of Military Justice for consensual sexual relationships. This article banned “unnatural carnal copulation,” including oral or anal sex, with another person of the same or opposite sex.
The U.S. military has had a history of anti-LGBTQ+ policies, including an outright ban on gay and lesbian service members during World War II. President Bill Clinton implemented the “Don’t Ask, Don’t Tell” policy in 1993, which was repealed by President Barack Obama. Days after his inauguration, Biden overturned a ban on transgender service members.
The president’s pardon power allows him to forgive crimes against the United States, either fully pardoning, commuting, or issuing a reprieve for offenders. Biden has previously issued sweeping pardons for marijuana offenses and instructs the Department of Justice to flag any clemency applications for veterans penalized under other military statutes for sexual orientation or gender identity.
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