Biden pardons U.S. veterans convicted in gay-sex cases by military

President Biden on Wednesday pardoned thousands of U.S. veterans who were convicted of having gay sex while serving in the military, an election-year move that could allow them to recover financial benefits that had been withheld by the government.

The decision will allow those affected to recoup benefits lost because of their convictions, administration officials said, speaking on the condition of anonymity ahead of the White House’s announcement. The move comes just ahead of Biden taking on former president Donald Trump in a debate Thursday.

“Despite courage and sacrifice, thousands of LGBTQI+ service members were forced out of the military because of their sexual orientation or gender identity,” Biden said in a message posted on the social media site X. “I’m using my clemency authority to pardon certain former service members who were convicted simply for being themselves.”

The pardon primarily applies to those who were convicted in military court of sodomy between 1951 and 2013, when consensual sodomy was repealed as a military offense. The crime fell under article 125 of the Pentagon’s Uniform Code of Military Justice, which includes “unnatural carnal copulation,” a catchall that gay rights advocates have long sought to strike from the military’s laws governing service members’ behavior.

Others convicted of attempting to commit a crime, conspiracy to do so, or other offenses related to a sodomy charge – such as conduct unbecoming an officer – will have their cases flagged for additional attention by the Justice Department, administration officials said. But those who committed crimes involving a military recruit, a minor or a prostitute – or abused positions of power – are not eligible, officials said.

Administration officials said that those eligible must apply for a certificate of pardon. Once approved, they can then petition the military services for a correction to their discharge records that restores benefits. CNN first reported the expected pardons. On a call with reporters Tuesday afternoon, administration officials declined to directly answer why it took the president more than three years into his administration to take action on the issue.

“In terms of why now, the president … is committed to righting historic wrongs when he has the opportunity to do so,” an administration official said.

Advocacy groups praised the decision, casting it as an important signal of inclusion.

“Thank you President Biden for righting this historic wrong and taking a strong stand in support of the LGBTQ community,” Sarah Kate Ellis, the chief executive of the Gay & Lesbian Alliance Against Defamation, said in a social media post. “No one should be punished or lose their job simply because of who they are or who they love.”

It was not immediately clear how long it will take eligible veterans to receive both a certificate of pardon and approval from the military to update their records. In many cases, petitioning for a change in military records can take months or more. An administration official told reporters that they will not revise that process in these cases but will take steps that include providing the appropriate form to apply to the Defense Department for an upgraded discharge when an eligible veteran receives a certificate of pardon.

“We, again, have tried to design this to be as efficient as possible,” a senior administration official said.

Gay Americans have served in the U.S. military dating back generations, and they were explicitly forbidden from serving during World War I, according to a brief Human Rights Watch history on the issue. The military’s modern legal framework was adopted in 1951, criminalizing sodomy.

President Bill Clinton signed into law the “Don’t Ask, Don’t Tell” policy in 1993, prohibiting the military from asking service members about their sexual orientation. Gay service members who shared pertinent details about their personal lives were involuntarily discharged until the policy was repealed by Congress in 2011. The Obama administration lifted a ban on transgender military service in 2016, saying it did not want unnecessary barriers to individuals who want to serve. President Donald Trump announced a year later that he was again banning transgender military service, setting up a protracted court fight in which the Supreme Court backed Trump.

Biden repealed Trump’s transgender ban shortly after taking office in January 2021, saying that America and its military is stronger when inclusive.