Biden pardons veterans convicted under law banning LGBTQ members from serving

Biden pardons veterans convicted under law banning LGBTQ members from serving

**Biden Pardons Veterans Convicted Under Law Banning LGBTQ Members from Serving**

In a historic move, President Joe Biden has announced pardons for thousands of former U.S. service members who were convicted under a now-repealed military law that criminalized gay sex. This act of clemency aims to rectify decades of injustice faced by LGBTQ veterans who were court-martialed and discharged simply for their sexual orientation or gender identity.

Steve Marose, a former U.S. Air Force officer, is among those who have long awaited this day. Discharged and imprisoned in the late 1980s for consensual sodomy, Marose’s life was significantly impacted by his conviction. “I can pretend that ‘Oh, I’m resilient,’ you know, ‘I got this,’ but in the end, it’s trauma,” he told the BBC. Marose’s story is one of many, as thousands of veterans were affected by the Uniform Code of Military Justice (UCMJ) Article 125, which criminalized sodomy from 1951 until its repeal in 2013.

President Biden described the pardon as “righting an historic wrong.” In his statement, he emphasized the nation’s obligation to all service members, including LGBTQ+ individuals, to ensure they are properly supported both during and after their service. “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,” Biden said. “This is about dignity, decency, and ensuring the culture of our Armed Forces reflects the values that make us an exceptional nation.”

The clemency will allow affected veterans to apply for a certificate of pardon, which can help them change their discharge status. This change is crucial as it makes them eligible for veteran benefits that were previously denied. However, the process is not automatic and requires the veterans to apply for the pardon and subsequent discharge upgrade.

Marose’s conviction had far-reaching consequences. It not only ended his military career but also affected his civilian life. He recounted losing a job opportunity at a police department due to his felony record and facing difficulties with rental applications and international travel. “It kind of just hangs over me in that regard,” he said. The pardon offers a chance to alleviate some of these burdens.

The UCMJ’s Article 125 was separate from the “Don’t Ask, Don’t Tell” (DADT) policy, which was in effect from 1993 to 2011. DADT allowed LGBTQ individuals to serve in the military as long as they did not disclose their sexual orientation. The repeal of DADT in 2011 and the decriminalization of same-sex relationships in 2013 under President Barack Obama marked significant steps towards inclusivity in the military.

A CBS News report estimated that around 100,000 LGBTQ military members were discharged between World War II and the repeal of DADT. Sarah Kate Ellis, CEO of the Gay & Lesbian Alliance Against Defamation (GLAAD), praised Biden’s decision, calling it an important signal to all who value diversity, respect, and inclusion.

The Center for American Progress reported that approximately 79,000 LGBTQ individuals were serving in the U.S. military as of 2022. Biden’s proclamation is expected to impact around 2,000 veterans, allowing them to apply for a pardon and potentially recover lost pay and benefits.

The clemency action does not automatically change the recipients’ criminal records. Instead, it provides a pathway for veterans to apply for a pardon, which can help them receive benefits that were previously withheld due to their discharge status. The pardon does not apply to those convicted of non-consensual acts, such as rape.

The Department of Defense (DOD) is also reviewing cases of LGBTQ veterans who were forced out under DADT. This initiative could allow thousands of veterans to receive retroactive honorable discharges, granting them access to full benefits for their service.

Biden’s decision comes during National Pride Month and aligns with his administration’s efforts to support LGBTQ rights. In contrast, former President Donald Trump rolled back several protections for LGBTQ individuals during his tenure. Biden’s administration has been proactive in reversing these policies, including lifting the ban on transgender individuals serving openly in the military.

The pardon is Biden’s third categorical clemency action, following previous moves to pardon those convicted of marijuana possession. This act of clemency underscores the administration’s commitment to addressing past injustices and promoting equality.

As the nation continues to grapple with its history of discrimination against LGBTQ individuals, Biden’s pardon represents a significant step towards healing and justice for those who served their country with honor and faced undue punishment for their identity.

Source: BBC News, CBS News, Al Jazeera, and news agencies

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