Biden Pardons Thousands of Veterans Convicted for Being Gay
Wednesday is the ninth anniversary of Obergefell v. Hodges, the landmark Supreme Court decision that legalized same-sex marriage in the United States. In a decision commemorating the milestone, and a reminder to the nation of the ongoing efforts to safeguard the rights and civil liberties of LGBTQ+ Americans, President Joe Biden issued pardons to thousands of veterans convicted between the 1950s and 2013 of violating the military’s longtime ban on same-sex relationships.
“Our Nation has made tremendous progress in advancing the cause of equality for LGBTQI+ Americans, including in the military,” Biden wrote in a statement Wednesday. “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.”
“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,” he said. “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 Uniform Code of Military Justice criminalized “sodomy” through Article 125 between 1951 and its repeal under former President Barack Obama in 2014. Between 1994 and 2011, servicemembers were also subjected to “Don’t Ask, Don’t Tell,” an official Department of Defense policy that prohibited LGBTQ+ members of the military from disclosing their sexuality or gender identity lest they face dismissal. The pardon excludes individuals who were convicted of a nonconsensual sexual encounter, or of other activities barred under the Uniform Code of Military Justice.
Under the policies, an estimated 100,000 servicemembers were kicked out of the military, many under dishonorable or less-than-honorable discharges that prevent them from receiving the full slew of benefits granted to veterans. Those subject to the pardon will still need to apply to their respective military department to formally have their case reviewed, the conviction vacated, and their benefits restored, but the decision represents a major victory for LGBTQ+ veterans who have existed in legal limbo for more than a decade.
More from Rolling Stone
Late-Night Hosts React to Presidential Debate: 'This Cannot Be Real Life'
'Oh God Why': Democratic Elite Panic Over Biden's Debate Performance
Best of Rolling Stone
