Biden Pardons Approximately 2,000 Veterans Convicted Under Military Ban on Gay Sex

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In a historic and significant move, President Joe Biden has granted pardons to approximately 2,000 veterans who were convicted under a military law that criminalized gay sex. 

This provision of the Uniform Code of Military Justice (UCMJ) was in effect from 1951 until its repeal in 2013, marking over six decades of discriminatory legal practices against LGBTQ+ service members.

The pardon comes as part of President Biden’s effort to correct what he described as "righting an historic wrong." 

He stated, "We have a sacred obligation to all of our service members - including our brave LGBTQ+ service members: to properly prepare and equip them when they are sent into harm's way, and to care for them and their families when they return home." 

This move is aimed at acknowledging and addressing the injustices faced by LGBTQ+ veterans who were convicted simply for being themselves.

The controversial provision of the UCMJ that outlawed consensual sodomy was separate from the well-known "Don't Ask, Don't Tell" (DADT) policy implemented during President Bill Clinton's administration. DADT banned openly gay and lesbian individuals from serving in the military until its repeal in 2011 by President Barack Obama, who also decriminalized same-sex relationships in the military through the National Defense Authorization Act.

The impact of these discriminatory policies was profound. A CBS News report estimated that around 100,000 LGBT military members were discharged from the US military between World War II and the repeal of DADT. 

The legal and social ramifications of these policies left many veterans without access to benefits and recognition of their service.

President Biden’s proclamation will now allow those affected to apply for a certificate of pardon, which is the first step in changing their discharge status. 

This change is crucial, as it will make them eligible for veteran benefits that were previously denied due to their convictions. 

However, it remains unclear how long the process of issuing these certificates will take.

Sarah Kate Ellis, the chief executive of the Gay & Lesbian Alliance Against Defamation (GLAAD), praised the president's decision, emphasizing its broader significance. 

"It is an important signal not only to the thousands of brave LGBTQ Americans who deserved better for defending our country, but to all who understand that diversity, respect, and inclusion are American values," she stated in a social media post.

The Center for American Progress reported that as of 2022, approximately 79,000 LGBT individuals were serving in the US military. 

This pardon is a critical step in recognizing their contributions and ensuring they receive the respect and benefits they deserve.

While this move by President Biden is a monumental step towards justice for LGBTQ+ veterans, it also highlights the ongoing need for policies that protect and respect the rights of all service members. 

As the process of issuing pardons and changing discharge statuses unfolds, the affected veterans and their advocates will be closely watching to ensure that justice is fully realized.

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