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“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,” Biden said.
PresidentJoe Biden, on Wednesday, issued pardons to LGBTQ+ service members previously discharged for their sexual orientation or gender identity under discriminatorymilitary policies, including “don’t ask, don’t tell,” marking a historic step in the protracted battle for equality within the U.S. armed forces.
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“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,” Biden said in a statement. “Our nation’s service members stand on the frontlines of freedom and risk their lives in order to defend our country. 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.”
He added: "Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades.”
Biden’s clemency for LGBTQ+ veterans corrects a dark era when the military prosecuted individuals under Article 125 of the Uniform Code of Military Justice, which prohibited gay sex and was in place from 1951 until 2013. Officials estimate that approximately 100,000 service members have been expelled from the military because of their sexual orientation since World War II, including more than 13,000 under DADT between 1994 and 2011. The practical impact for those convicted under such discriminatory policies will allow veterans to access benefits they have long been denied.
During a detailed call with reporters on Tuesday evening, senior administration officials explained the anticipated scope of the pardon and the procedures for affected individuals to claim their rights. Administration officials said veterans impacted by this policy can apply for a certificate of pardon, which serves as proof that they meet the eligibility criteria outlined in the proclamation.
With this certificate, veterans can then petition for a change in their discharge status through the relevant military branch where they served. Successfully altering their discharge from something like “dishonorable” to “honorable” can unlock a range of veterans’ previously inaccessible benefits due to their discharge status. These benefits include healthcare, pensions, and more, significantly impacting the lives of those who were unjustly discharged.
However, the issue of back pay remains complex and largely unaddressed in the immediate details provided by the officials. They did not specify commitments regarding back pay for the time veterans were unjustly separated from service, which suggests that further clarifications from the Department of Defense might be necessary.
The administration is also planning robust outreach efforts to ensure that all potentially eligible individuals know their rights under the new pardon. Officials said this includes an information campaign to disseminate details widely and collaboration with advocacy groups and veterans’ organizations to reach a broad audience. Additionally, there is an emphasis on providing support through legal channels. The administration is considering ways to connect veterans with pro bono attorneys who can assist in navigating the application process for discharge upgrades and other legal matters related to the pardon.
To facilitate the application and review process, the administration is committed to making these procedures as accessible and efficient as possible. Officials said that part of that will be setting up clear guidelines on the Department of Defense website and streamlining procedures for reviewing and approving applications for discharge upgrades. Each military branch will play a critical role in this review process, and the administration has indicated that they are working to ensure these branches are adequately resourced to handle the potential influx of applications.
Separate reviews will be required in cases where individuals were convicted under other charges related to their sexual orientation or gender identity. The administration has made provisions for the Department of Justice to expedite these situations, acknowledging the complexity and variety of cases that might arise from past discriminatory practices.
This comprehensive approach not only addresses past injustices but also reinforces the ongoing commitment to ensure that all service members, regardless of sexual orientation or gender identity, are respected and honored equally.
“This is about dignity, decency, and ensuring the culture of our Armed Forces reflects the values that make us an exceptional nation,” Biden said.
This symbolically and substantively significant move has been met with overwhelming support from key figures and advocacy groups within theLGBTQ+ community.
President of the Human Rights Campaign Kelley Robinson commended the administration in a statement.
“We applaud President Biden for taking action today, and the Biden-Harris Administration’s efforts to address this historic injustice that impacted thousands of LGBTQ+ people in the military for decades, with the effects still felt by many to this day. This move to rightfully restore reputations lost and gratitude owed to service members who were punished for who they loved is long overdue, and a significant step in the right direction,” Robinson said.
GLAAD’s president and CEO, Sarah Kate Ellis, wrote on social media, “Today’s move by President Biden to pardon LGBTQ service members who were unfairly forced out of the military under the discriminatory ‘Don’t Ask, Don’t Tell’ is his administration’s 343rd pro-LGBTQ action. It is an important signal not only to the thousands of brave LGBTQ Americans who deserved better for defending our country but to all who understand that diversity, respect, and inclusion are American values.”
