In a statement released today, June 26, US President Joe Biden announced his decision to right “an historic wrong” by pardoning military personnel who were convicted under a law banning same-sex relationships in the forces. The pardon is expected to affect roughly 2,000 veterans, allowing them to apply for a certificate that would help them receive previously withheld benefits.
“The president is committed to righting historic wrongs when he has the opportunity to do so,” said one of Biden’s senior administration officials to reporters.
In 1951, the US military adopted the Uniform Code of Military Justice Article 121, which explicitly prohibited “sodomy” in the armed forces. The code was upheld until 2013, when same-sex marriage was made legal under the Obama administration. Congress rewrote the article to incorporate new policies following the legalisation of same-sex marriage, but stigma towards the LGBTQ+ community in the military persisted, and veterans were still left with the shame of their dishonourable discharge from active service.
The article banned same-sex activity between consenting adults, and anyone convicted of a non-consensual act will not receive a pardon.
The 1951 military code is distinct from the “Don’t Ask, Don’t Tell” policy adopted during the Clinton years and again repealed by Congress in 2011 under Obama. The 42nd president, who served from 1993 until 2001, instated the infamous policy which banned openly queer Americans from serving in the military.
In a statement released Tuesday, June 25, Biden said: “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. Today, we are making progress in that pursuit.”
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With the ongoing presidential race culminating in the election held this year on November 5, Biden is working to build his platform, which includes this next step in pardoning military veterans. During his first term in office, the Democrat has made strides to champion LGBTQ+ rights for active and former military service members, including the reversal of former US President Trump’s ban on trans people serving in the military.
Promising to restore Roe v. Wade, end gun violence, and boost protections for LGBTQ+ rights, the candidate is persistent in earning another four years in the White House. However, he has come under extreme scrutiny for his support of Israel during the ongoing and catastrophic war on Gaza, and he is expected to lose votes for his stance.
Under a 2016 agreement, the US sends billions of dollars in military aid to Israel each year. Furthermore, just last month the White House told Congress it plans to send over $1 billion worth of new weapons, despite the fact that more than 37,700 Palestinians have been killed and 86,300 injured since October 7.
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