President Joe Biden has taken a significant step in addressing historical injustices against LGBTQ service members by issuing pardons for potentially thousands of former U.S. service members convicted under a now-repealed military ban on consensual gay sex. This pardon clears the way for these individuals to regain lost benefits and restore their reputations.
Biden’s action targets convictions under the former Article 125 of the Uniform Code of Military Justice, which criminalized sodomy. This law, in effect since 1951, was amended in 2013 to only prohibit non-consensual acts. With this pardon, affected service members can apply for proof of their convictions being erased, seek upgrades to their military discharges, and recover lost pay and benefits.
“Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” Biden stated. “We have a sacred obligation to all of our service members — including our brave LGBTQI+ service members: to properly prepare 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 are making progress in that pursuit.”
The timing of this pardon, during Pride Month, is particularly poignant. It comes just days before Biden’s high-profile fundraiser with LGBTQ donors in New York, highlighting his commitment to the community as he rallies support ahead of the presidential election.
Historic Step Towards Justice
Modern Military, the largest organization representing LGBTQ+ service members and their families, hailed Biden’s decision as a “historic step towards justice and equality.” They called on the military to expedite the pardon process, emphasizing the importance of recognizing and rectifying past injustices faced by LGBTQ service members under discriminatory policies.
Biden’s proclamation, they stated, is a significant move in acknowledging the wrongs inflicted upon LGBTQ+ service members who endured discrimination and unjust convictions. “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,” the organization noted.
Political and Social Impact
Senate Majority Leader Chuck Schumer also commended the pardons as a step in the “march towards greater equality” and a correction of historic wrongs against LGBTQ+ Americans who served bravely in the armed forces.
This move marks Biden’s third categorical pardon, following his previous actions in 2022 and 2023 to pardon those federally convicted of possessing marijuana. The White House estimates that several thousand service members will benefit from this pardon, most of whom were convicted before the military’s “Don’t Ask, Don’t Tell” policy, which was in effect from 1993 until its repeal in 2011.
Challenges and Future Steps
Service members convicted of non-consensual acts are not covered by this pardon. Additionally, those punished under other articles of the military justice code, which may have been used to discriminate against LGBTQ troops, will need to seek clemency through the Department of Justice’s standard pardon process.
Biden has previously directed the Department of Veterans Affairs to provide benefits to service members discharged under less than honorable conditions due to their sexual orientation, gender identity, or HIV status. This directive aligns with his broader commitment to rectify past injustices against LGBTQ individuals in the military.
While President Biden prepared for a presidential debate with Republican frontrunner Donald Trump at Camp David, First Lady Jill Biden addressed a Pride Month celebration on the South Lawn of the White House. She highlighted the significance of the pardons, stating, “Just this morning, Joe took another step to right those decades of injustice, pardoning many service members who were court-martialed for simply being themselves.” Her remarks were met with cheers from the gathered crowd, underscoring the administration’s dedication to honoring LGBTQ veterans and their families.