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Biden Pardons Thousands of Service Members Convicted Under Gay Sex Ban

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Biden Pardons Thousands of Service Members Convicted Under Gay Sex Ban

President Joe Biden has pardoned thousands of former US service men who were convicted of breaching a now-repealed military prohibition on consensual gay sex. He stated on Wednesday that he is “righting a historic wrong” and allowing them to regain lost benefits.

Biden’s action pardons service men convicted under the Uniform Code of Military Justice’s previous Article 125, which criminalized sodomy. The statute, which has been in effect since 1951, was amended in 2013 to solely outlaw forcible acts.

Those covered by the pardon will be allowed to ask for documentation that their conviction has been erased, petition to have their military discharges enhanced, and seek compensation for missed pay and benefits.

“Today, I am righting a historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” the vice president said in a statement. “We have a sacred commitment to all of our service members, especially our courageous LGBTQI+ service members, to properly train and equip them when they are sent into harm’s way, and to care for them and their families when they return home. Today, we’re making progress in that pursuit.”

The president used his pardon powers during Pride Month, just days before hosting a high-profile event with LGBTQ contributors in New York on Friday. Biden is attempting to mobilize support from the Democratic-leaning community ahead of the presidential election.

Modern Military, the nation’s biggest organization of LGBTQ+ service personnel and their families, hailed the decision as a “historic step toward justice and equality” and urged the military to expedite the pardons.

The revelation of Biden’s pardon is an important step towards acknowledging and correcting injustices against LGBTQ+ service members who have endured discrimination and wrongful convictions due to policies like “Don’t Ask, Don’t Tell,” according to the organization. “These brave individuals stood on the front lines of freedom, risking their lives to defend our country, only to be met with injustice at home.”

Senate Majority Leader Chuck Schumer, D-N.Y., said in a statement that the moves were a step in the “march towards greater equality” and “corrected a historic wrong for LGBTQ+ Americans who bravely served in our armed forces to keep our country safe.”

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Administration officials declined to explain why Biden did not act on the pardons sooner.

This is Biden’s third categorical pardon, which uses his clemency powers to encompass a large group of people convicted of specific offenses, following attempts in 2022 and 2023 to pardon those convicted federally for marijuana possession.

The White House anticipates that several thousand service personnel will be covered, the most majority of whom were convicted before the military implemented the “Don’t Ask, Don’t Tell” policy in 1993, which made it easier for LGBTQ troops to serve if they did not disclose their sexual orientation. That regulation was removed in 2011, when Congress authorized open service in the military.

Biden’s pardon does not cover service men convicted of nonconsensual actions. Those convicted under other provisions of the military justice code, which may have been used as a pretext to punish or force LGBTQ personnel to leave, would be required to seek clemency through the standard Department of Justice pardon process.

Biden has already directed the Department of Veterans Affairs to take steps to extend benefits to military personnel who were discharged for reasons other than honorable, such as sexual orientation, gender identity, or HIV status.

Ana Wong is a sharp and insightful journalist known for her in-depth reporting on tech and finance. With a knack for breaking down complex topics, she makes them accessible for everyday readers.

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