The Biden administration has announced pardons for LGBTQ+ veterans who were discharged for violating the long-defunct military ban on same-sex relationships, characterizing the move as setting right a “historical injustice.”
President Joe Biden announced the pardons in a proclamation issued early Wednesday. The action applies specifically to those who were convicted under Article 125 of the Uniform Code of Military Justice (UCMJ), which formerly barred “unnatural carnal copulation” between servicemembers of the same sex. That ban was repealed in 2013, when Congress and then-President Barack Obama struck it from the UCMJ as part of a military appropriations bill.
Biden’s pardon plan applies to anyone convicted under Article 125, so long as their charges were for “consensual, private conduct between individuals 18 and older that do not involve any aggravating factor.” An incident of sexual assault would not be eligible to be pardoned, but neither would a charge involving an officer and an enlisted soldier or two soldiers in the same chain of command, both of which are considered inappropriate “fraternization” under the UCMJ.
Even so, the terms of Biden’s pardons could apply to thousands of former military personnel who were court-martialed under the old “anti-sodomy” statute. Those who believe they are covered under Biden’s proclamation must apply for a certificate of pardon from the military department in which they served. Based on department approval, the certificates will then be issued by the Attorney General’s office. Biden also wrote that he “strongly encourages” anyone who receives a pardon certificate to also apply for their “dishonorable” discharge to be officially upgraded. That change of status will allow those who were discharged to receive veterans’ benefits they have so far been denied, administration officials told CBS.
“Although the pardon under this proclamation applies only to the convictions described above, there are other LGBTQI+ individuals who served our Nation and were convicted of other crimes because of their sexual orientation or gender identity,” Biden wrote in his statement Wednesday. “It is the policy of my Administration to expeditiously consider and to make final pardon determinations with respect to such individuals.”
As CBS News noted, it remains unclear exactly why Biden issued this executive action now, more than three years into his presidency — and during the last week of a contentious, often hostile and threatening Pride Month. Administration officials “struggled to respond” to that query, CBS reported, replying only that Biden “is committed to righting historic wrongs when he has the opportunity to do so.” The timing could be tied to Biden’s upcoming appearance at the LGBTQ+ Leadership Council Gala in New York City on June 28; Biden’s public appearances since October 2023 have been frequently beset by protestors, including from LGBTQ+ groups, condemning his administration’s support for Israel.
LGBTQ+ advocates largely praised Biden’s announcement on Wednesday, hoping it would swiftly bring relief to LGBTQ+ veterans in need. The Modern Military Association of America, a nonprofit benefiting LGBTQ+ members of the military, said Biden’s proclamation was a “significant move in recognizing and righting the wrongs inflicted upon LGBTQ+ service members” and urged military departments to quickly grant all valid applications. Brian K. Bond, CEO of PFLAG National, echoed that sentiment in an emailed statement Wednesday morning, applauding that “dignity and respect” would finally win over discrimination.
“This welcomed day is long overdue for thousands of LGBTQ+ veterans and their families,” Bond wrote.
Correction: An earlier version of this article misstated the way pardon certificates are obtained. This version has been updated to retract those details. We regret the error.
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