Biden grants clemency to gay military personnel, despite past support for 'don't ask, don't tell' policy.

Thousands of LGBTQI+ former service members could potentially have their benefits restored due to Biden's action, which occurred during Pride month.

Biden grants clemency to gay military personnel, despite past support for 'don't ask, don't tell' policy.
Biden grants clemency to gay military personnel, despite past support for 'don't ask, don't tell' policy.

On Wednesday, President Biden granted pardons to former U.S. service members who were discharged dishonorably after being convicted of violating a now-repealed law prohibiting consensual gay sex in the military.

Biden issued a pardon to military personnel who were convicted under the previous version of Article 125 of the Uniform Code of Military Justice, which made sodomy a crime. This law, which has been in effect since 1951, was revised in 2013 to only prohibit forced acts.

Those granted pardons will be eligible to request evidence of their exoneration, appeal for military discharge upgrades, and seek reinstatement of lost pay and benefits.

The president stated that he is "correcting a historical injustice."

President Biden
Biden on Wednesday announced clemency for former service members convicted under a now-repealed military ban on consensual gay sex.  (Andrew Leyden/NurPhoto via Getty Images)

Biden stated that, despite their bravery and significant sacrifices, thousands of LGBTQI+ service members were expelled from the military due to their sexual orientation or gender identity. Some of these patriotic Americans were put on trial and have been carrying the weight of this great injustice for many years.

"He emphasized the importance of dignity, decency, and maintaining a culture in the Armed Forces that reflects the values that make our nation exceptional. He also highlighted our responsibility to all service members, including LGBTQI+ members, to ensure they are properly prepared and equipped for combat and to provide care for them and their families upon their return."

U.S. service members march in Pride parade
Members of the U.S. military community march down the road during the Capital Pride Festival in Washington, D.C., on June 10, 2023. (ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)

The move, which could restore lost benefits to thousands of LGBTQI+ former service members, has been undertaken more than three decades after Biden supported "don't ask, don't tell," a policy that prohibited discrimination against closeted homosexual or bisexual service members but barred openly gay, lesbian or bisexual people from military service.

In 1993, Biden voted for "don't ask, don't tell" as part of a larger defense bill, despite previously voting against the amendment. However, in 2011, Congress repealed the policy with the support of then-President Obama and Biden, who was vice president.

President Obama signs "don't ask, don't tell" repeal
Obama gestures after signing the Don't Ask, Don't Tell Repeal Act of 2010 into law at the Department of the Interior in Washington, D.C., on Dec. 22, 2010. Then-Vice President Biden attended with several lawmakers.  (JEWEL SAMAD/AFP via Getty Images)

Biden granted pardons during Pride Month, right before attending a fundraiser with LGBT donors in New York on Friday.

Biden granted his third sweeping pardon, which included individuals convicted federally for possessing marijuana in 2022 and 2023.

Service members convicted of rape are not covered under Biden's pardon.

The Department of Veterans Affairs was previously instructed by the president to take action to provide benefits to service members who were discharged due to their sexual orientation, gender identity, or HIV status.

The Associated Press contributed to this report.

by Chris Pandolfo

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