US president pardons LGBTQI+ military veterans’ convictions of now-repealed discriminatory laws

The US President Biden on Wednesday pardoned American veterans who were forced out of the military because of their sexual orientation or gender identity under a military code for more than 60 years. Biden’s proclamation grants direct clemency to people who had been given court marshal convictions between 1951 and 2013 because of their status in the LQBTQI+ community.

The pardon applies to service members convicted under the Uniform Code of Military Justice’s former Article 125.  The presidential proclamation specifies that it is meant to pardon only offenses based on consensual, private conduct between same-sex individuals. Those covered by the pardon can apply to have their convictions erased, upgrade their military discharges, and recover lost pay and benefits. At least 32,837 LGBTQI+ service members between 1980 and 2011 were forced out of the military under the prior “Don’t Ask, Don’t Tell” laws, according to the US Defense Department. Civil rights advocates say it could be upward of 100 thousand service members who had been affected by discriminatory government practices from 1951-2013. 

President Biden announced in his White House statement, “As Commander in Chief, I am committed to maintaining the finest fighting force in the world. That means making sure that every member of our military is safe and respected. So they can focus on their mission.” The Biden Administration emphasized that this decision is about establishing federal rights, not based on a Supreme Court decision and that it is meant to protect the “dignity, decency, and culture” of the American Armed Forces, which reflects the “values that make us an exceptional nation.”

The Modern Military Association is a civil rights group that defends LGBTQI+ veterans.  In a press release that responded to the announcement, the advocacy organization called for individual departments of the armed services [to] streamline the process and provide the much-needed relief as soon as possible by filing requests for all similarly harmed individuals and exercise their capacity to approve the pardons and their discharge upgrades en masse. 

The Military Departments (Army, Navy, or Air Force), or in the case of the Coast Guard, the Department of Homeland Security, in conjunction with the Department of Justice, have provided information about application procedures for certificates of pardon. The US Department of Defense has established a resource page and states that it will additionally offer outreach to veterans who may be eligible. 

Internationally, the UK and Germany have passed similar policies in the past two years. This declaration coincides with the end of Pride month in the US.

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