WASHINGTON (CN) — President Joe Biden on Wednesday issued a blanket pardon to LGBTQ service members convicted and discharged from the military under a gay sex ban that has been off the books for more than a decade.
The move potentially erases the criminal convictions of thousands of service members who faced court-martial for violating Article 125 of the Uniform Code of Military Justice, an anti-sodomy law in effect from 1951 until 2013.
The provision was clarified last decade to remove consensual sexual acts from the ban — but the status of people convicted and removed from the military under the policy remained unchanged.
In a statement accompanying the pardon, Biden said that his action rights “a historic wrong” in the country’s military tradition.
“Despite their courage and great sacrifice, thousands of LGBTQI+ service members were forced out of the military because of their sexual orientation or gender identity,” the president wrote. “Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades.”
According to the Wednesday proclamation, pardons will apply to any former service member convicted under the defunct military code for “unaggravated offenses based on consensual, private conduct” with people over 18 years old. People pardoned under the declaration — which comes at the end of Pride Month — can now apply to have their convictions expunged and, if approved by the Defense Department, can have their military discharges upgraded.
The White House said it “strongly encourages” veterans who receive a pardon certificate from the Pentagon to apply for an upgrade to their discharge.
The new slate of pardons also coincides with the nine-year anniversary of the Supreme Court’s landmark decision in the case Obergefell v. Hodges, which federally legalized same-sex marriage.
“As Commander in Chief, I am committed to maintaining the finest fighting force in the world,” Biden wrote. “That means making sure that every member of our military is safe and respected — so they can focus on their mission.”
The president acknowledged that, while he saw the pardons as a step towards addressing historical discrimination against LGBTQ people in the military and elsewhere in American society, there was still more work to be done.
“[T]here are other LGBTQI+ individuals who served our nation and were convicted of other crimes because of their sexual orientation and gender identity,” Wednesday’s proclamation reads. “It is the policy of my administration to expeditiously consider and to make final pardon determinations with respect to such individuals.”
On Capitol Hill, some lawmakers — particularly Democrats — celebrated the pardons.
“President Biden has taken another step forward in advancing the rights of LGBTQ+ Americans by offering a long-overdue pardon for those wrongfully convicted under a now-repealed military law for their identity,” said Senate Majority Whip Dick Durbin in a statement Wednesday.
The Illinois Democrat added that allowing the convictions of service members based on their sexual orientation and other discriminatory policies such as the military’s controversial “Don’t Ask, Don’t Tell” provision were a “shameful mark” on American history.
“Now, these service members will receive the recognition and benefits they rightfully deserve,” Durbin said.
The U.S. military in 2011 walked back its “Don’t Ask, Don’t Tell” policy, a 1993 provision which prohibited discrimination based on sexual orientation but also prevented service members from being openly gay.
"The pardons by President Biden are another step in America’s challenging but inexorable march towards greater equality," Senate Majority Leader Chuck Schumer in a statement. "These actions correct a historic wrong for LGBTQ+ Americans who served bravely in our armed forces to keep our country safe. These valiant servicemembers defended our freedom and were unjustly discharged – and in some cases even court-martialed – simply for being who they are."
Former House Speaker Nancy Pelosi, who took to social media Wednesday to celebrate the anniversary of the Obergefell decision as a “triumphant victory for the rights and dignity of LBGTQ+ Americans,” also was not immediately available to comment on the White House pardons.
Lambda Legal, a civil rights organization that has represented LGBTQ people facing discrimination in the military, also applauded the pardons.
“We are thrilled that the Biden administration has taken this long-overdue corrective action to right a historic wrong and to restore to LGBTQ+ veterans the honor for their service that should never have been denied,” said CEO Kevin Jennings.
The White House in 2023 issued a similar blanket pardon to nearly a dozen people serving sentences for nonviolent drug offenses involving marijuana, an expansion of another categorical pardon Biden rolled out the year prior.
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