WASHINGTON, DC - JUNE 15: Joseph Fons holding a Pride Flag in front of the U.S. Supreme Court building after the court ruled that LGBTQ people can not be disciplined or fired based on their sexual orientation, Washington, DC, June 15, 2020. With Chief Justice John Roberts and Justice Neil Gorsuch joining the Democratic appointees, the court ruled 6-3 that the Civil Rights Act of 1964 bans bias based on sexual orientation or gender identity. Fons is wearing a Black Lives Matter mask with the words 'I Can't Breathe', as a precaution against Covid-19. (Photo by Chip Somodevilla/Getty Images)
President Joe Biden (D) announced that he would pardon U.S. veterans who were convicted of engaging in gay sex during the 60-year period that the act was prohibited in a statement.
Biden stated that this was “righting an historic wrong” by pardoning service members that were “convicted simply for themselves.”
His statement also said, “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.”
This pardon is anticipated to affect around 2,000 people but will not automatically alter a veteran’s record. Instead, those impacted must apply for a certificate of pardon to receive benefits that have been withheld. The discharge status of a veteran determines what benefits they are entitled to, and being discharged for bad conduct can block access to home loans, pensions and education benefits.
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The pardon requires individuals to complete an application online for the review of their military department. Their eligibility will be determined and then sent to the attorney general.
This pardon grants clemency to military members who were convicted under the Uniform Code of Military Justice Article 125, which criminalized sodomy for service members between 1951 and 2013. This included consensual acts between service members. The pardon only applies to consensual offenses.
Additionally, Congress repealed the “Don’t Ask, Don’t Tell” law in 2011 after thousands of service members had been discharged due to sexual orientation.
This pardon is separate from the Pentagon’s review of military records for members discharged based on the grounds of sexual orientation. They started an outreach campaign to reach veterans who believe they were discharged on an error or due to discrimination.
Sarah Kate Ellis, president of GLAAD, supported the pardon via X on Wednesday morning, stating that “no one should be punished or lose their job simply because of who they are or who they love.”
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