Biden pardons thousands of veterans convicted under now-repealed gay sex ban

President Joe Biden on Wednesday pardoned thousands of U.S. veterans who were convicted under a military law that banned gay sex, making them eligible to have their discharges upgraded and to apply for lost pay and benefits.

Biden issued a statement saying he was “righting an historic wrong” to pardon former service members “who were convicted simply for being themselves,” The Associated Press reported.

The ban, established in 1951, held for more than six decades until Congress in 2013 amended the Uniform Code of Military Justice Article 125. The code criminalized consensual sodomy, following the repeal of Don’t Ask Don’t Tell.

“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. Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades,” Biden said.

Those veterans affected will automatically receive a pardon. But to receive care and previously withheld benefits, service members will have to provide proof that they qualify, according to The Associated Press.

Once they have a certificate of pardon, they can apply to have their discharge characterization changed, an administration official said, according to USA Today.

The specific details of the process will be available on the Department of Defense website and information will be provided to veterans by the Department of Justice.

Biden issued what is known as a “presidential pardon by proclamation” – a way for a president to grant clemency to a defined group of people. The pardon is effective as of the date of the proclamation for individuals who fall within the defined group. An individual seeking a pardon through the proclamation should apply for a certificate of pardon. A certificate of pardon will help that person obtain the full benefits of the pardon.

Anyone with court-martial convictions for violations of former Article 125, UCMJ, or attempts, conspiracies, or solicitations, where the conduct involved consensual, private conduct with persons age 18 and older are eligible for a certificate of pardon under the proclamation, according to the DOD.

An individual must not have engaged in the conduct contained in the exceptions listed in Wednesday’s proclamation.

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