President Biden Pardons Thousands of Veterans Convicted of Same-Sex Intimacy

by Kilian Melloy

EDGE Staff Reporter

Wednesday June 26, 2024

President Joe Biden exercised one of the powers of his office in pardoning thousands of American veterans who had been convicted of the "crime" of consensual sexual intimacy with another adult of the same gender.

The former servicemembers "were convicted by the military over a 60-year period under a military law that banned gay sex," CNN reported.

About 2,000 people are expected to be covered by the pardon, the report noted. "The granting of pardons won't automatically change convicted veterans' records," CNN said, "but allows those impacted to apply for a certificate of pardon that will help them receive withheld benefits."

Saying that the convictions were "an historic wrong," Biden acknowledged the critical role LGBTQ+ servicemembers have played in America's defense throughout the country's history.

"Our nation's service members stand on the frontlines of freedom, and risk their lives in order to defend our country," President Biden remarked. "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."

The Commander in Chief went on to add, "This is about dignity, decency, and ensuring the culture of our Armed Forces reflect the values that make us an exceptional nation."

In a press release, the Modern Military Association of America (MMAA) recalled that "the former Uniform Code of Military Justice Article 125" outlawed sexual intimacy "between consenting adults between 1951-2013," a military law that "resulted in convictions of an estimated 2,000 individuals."

The statement continued: "President Biden's proclamation is a significant move in recognizing and righting the wrongs inflicted upon LGBTQ+ service members who faced discrimination and unjust convictions under policies such as 'Don't Ask, Don't Tell' (DADT)," which required queer troops to conceal their authentic selves or be discharged from the military.

Despite the policy's mandate not to "pursue" queer troops who were in compliance with the policy, the military tossed out an estimated 14,000 servicemembers during DADT, with most of them being denied honorable discharges.

"These brave individuals stood on the front lines of freedom, risking their lives to defend our country, only to be met with injustice at home," MMAA declared.

"The consequences of anti-LGBTQ+ discrimination have been far-reaching, causing moral injury, undue harm, and hardship to countless service members who served with honor and integrity," the press release added. "Many were discharged, court-martialed, or faced other punitive actions simply because of their sexual orientation."

"This policy deprived our military of talented and dedicated individuals, instilled institutional betrayal, deprived veterans of military benefits, and inflicted lasting trauma on those affected."

The group "call[ed] upon the individual departments of the armed services to exercise their capacity to approve these pardons and subsequently approve their discharge upgrades en masse."

The pardon applies only to those who were convicted for consensual sex with another adult, CNN pointed out, writing, "Anyone who was convicted of a non-consensual act such as rape will not be pardoned."

The pardons represent a significant step, but there is more to be done.

"A senior administration official told reporters on Tuesday that they are also working to address cases in which LGBTQ+ service members were convicted under other UCMJ charges than Article 125, such as conduct unbecoming an officer," CNN said.

"The official said individuals who may have been convicted of other charges 'based on their sexual orientation or gender identity' can go through the normal pardon process at the Department of Justice," the news report added.

Moreover, "The pardon is separate from the Pentagon's ongoing review of military records for those who were discharged based on their sexual orientation, which another US official said did not apply to convictions under the UCMJ," CNN detailed.

Kilian Melloy serves as EDGE Media Network's Associate Arts Editor and Staff Contributor. His professional memberships include the National Lesbian & Gay Journalists Association, the Boston Online Film Critics Association, The Gay and Lesbian Entertainment Critics Association, and the Boston Theater Critics Association's Elliot Norton Awards Committee.