US President Joe Biden announced on Wednesday his decision to pardon military personnel who were convicted under a law that banned homosexuality in the armed forces for many years, calling it a step towards rectifying a historical injustice.
Biden stated, “Despite their courage and sacrifices, numerous LGBTQI+ service members were discharged from the military due to their sexual orientation or gender identity. Some faced court-martial and have carried the weight of this injustice for decades.”
He emphasized that this action aims to align the culture of the Armed Forces with the values that define the nation’s exceptionalism.
The pardon specifically addresses Article 125 of the Code of Military Justice, enacted in 1951 and rendered obsolete by Congress in 2013, which criminalized consensual sodomy between adults and led to court-martial proceedings.
According to a senior US official, thousands of individuals could potentially qualify for these pardons.
In addition to its symbolic significance, those granted clemency will have the opportunity to update their military records, potentially allowing them access to benefits they were previously denied.
The United States prohibited homosexual individuals from serving openly in the military until 1994, when the “Don’t Ask, Don’t Tell” policy came into effect. This policy allowed gay, lesbian, and bisexual personnel to serve as long as they did not disclose their sexual orientation, until it was repealed in 2011.
In September 2023, the Defense Department announced a review to identify veterans who received other than honorable discharges due to their sexual orientation. Correcting their records could restore their access to benefits and improve their employment prospects.