President Biden on Wednesday pardoned U.S. service members who were convicted under a military law that banned gay sex, allowing them to access military benefits, including pensions and home loans.
The pardon will affect thousands of military veterans and won’t automatically change the records of those impacted. However, it will help them receive military benefits that have been withheld because of the conviction.
“Today I am writing an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” Mr. Biden said in a statement.
“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,” Mr. Biden said.
It’s an election-year move by Mr. Biden to shore up his support among members of the LGBTQ community during Pride Month. The Biden campaign made LGBTQ outreach a top priority this month with a presence at more than 200 Pride events and a media blitz aimed at mobilizing LGTBQ voters.
Mr. Biden and pop music icon Elton John on Friday are expected to visit the site of the historic Stonewall Riots in New York City, which sparked the modern gay rights movement.
LGBTQ voters are expected to overwhelmingly vote for Mr. Biden in November. GLAAD, an LGBTQ media advocacy group estimates that Mr. Biden will receive support from roughly 68% of registered LGBTQ voters and 72% of those residing in battleground states. GLAAD also estimates that former President Donald Trump will win about 15% of the vote in both categories.
However, the Human Rights Campaign — the nation’s largest LGBTQ rights group — recently warned of waning support for Mr. Biden. HRC estimates that roughly one-third of the 75 million “equality voters” who vote based on support for LGBTQ rights may not vote for Mr. Biden.
HRC officials said last month that those voters are unlikely to support Mr. Trump but could vote for independent presidential candidate Robert F. Kennedy Jr. or stay home on Election Day.
The pardon specifically grants clemency to service members who were convicted under the former Uniform Code of Military Justice Article 125, which criminalized sodomy, even between consenting adults. It also applies to those who were convicted of attempting to commit a violation under the former military code.
Anyone convicted of a nonconsensual sex act, such as rape, will not be pardoned, a senior administration official said.
Service members drummed out of the military under other laws can still apply for a pardon, a senior administration official said.
The law was ultimately rewritten by Congress in 2013, but not until after thousands of service members had been discharged since it was put in place in 1951.
The discharge status of a service member determines the Veterans Affairs benefits open to them. For example, a bad-conduct discharge as the result of a court-martial would make someone ineligible for a home loan, military pension and education benefits.
Mr. Biden’s pardon is separate from an ongoing Pentagon review of military records of service members who were discharged based on their sexual orientation. The Pentagon launched a campaign last fall to connect with veterans who were discharged under the law to have their military records reviewed.
A senior White House official said individuals can get their records changed under the pardon by completing an online application. The military branch will then review the individual’s court-martial and determine if the person is eligible for the pardon; which will then be sent to the Justice Department’s pardon attorney.
The certificate of pardon does not automatically change a service member’s discharge status. If a certificate of pardon is issued, the service member will still have to apply to their military branch’s board of corrections to have their military records amended.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
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