President Biden is expected on Wednesday to pardon American veterans convicted of homosexual conduct under a military law that has banned such conduct for more than 60 years.
Biden's proclamation will grant pardons to about 2,000 people indicted between 1951 and 2013 and address a “historic wrong,” the president said in a statement released by the White House ahead of the announcement.
“Today, I'm using my pardon power to right a historic wrong by pardoning many former service members who were convicted for simply being themselves,” Biden said in a statement. “Despite their courage and tremendous sacrifice, thousands of LGBTQI+ service members were removed from the military because of their sexual orientation or gender identity. Some of these patriotic Americans have been court-martialed and have carried the burden of this great injustice for decades.”
The proclamation, previously reported by CNN, addresses charges under Article 125 of the Uniform Code of Military Justice, a federal law that makes it a crime to engage in “unnatural sexual intercourse with either the same or opposite sex,” even if both parties consent. In 2013, Congress voted to repeal the portion of the code that made consensual sex illegal.
A Biden administration official, speaking on condition of anonymity to learn of the proclamation in advance, said people who want their convictions vacated will be able to apply online for a certificate of pardon, which would allow them to receive benefits that they may have been denied. Before 2013, according to military law, a conviction under Article 125 could result in a dishonorable discharge and forfeiture of pay and allowances.
Once a veteran has a pardon certificate in hand, they can begin the process of having their discharge conditions upgraded, officials said, without saying how long the process would take or whether additional resources would be dedicated to outreach to veterans who may not have known they were eligible for pardon.
During his presidency, Biden has used his pardon power primarily to pardon nonviolent drug offenders, and has also granted pardons for marijuana use and possession on federal property as part of his administration's broader effort to eliminate racial disparities in drug sentencing.
Biden said in a statement that Wednesday's proclamation is about “ensuring that the culture of our military reflects dignity, civility and the values that make us an exceptional nation.”
Biden administration officials downplayed the notion that the president's effort is not political because it is taking place in an election year. Asked why Biden decided to announce the pardons this week, the officials declined to provide details.
