Joe Biden has moved to correct a “great injustice” by pardoning thousands of US veterans convicted over six decades under a military law that banned gay sex.
The presidential proclamation, which comes during Pride month and an election year, allows LGBTQ+ service members convicted of crimes based solely on their sexual orientation to apply for a certificate of pardon that will help them receive withheld benefits.
“Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” Biden said in a statement.
“Despite their courage and great sacrifice, thousands of LGBTQ+ service members were forced out of the military because of their sexual orientation or gender identity. Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades.”
The president said the step was about “dignity” and “decency”, and ensuring the military’s culture reflects that of America.
It grants clemency to service members convicted under Uniform Code of Military Justice article 125 – which criminalised sodomy, including between consenting adults – between 1951 and 2013, when it was rewritten by Congress.
That includes victims of the 1950s “lavender scare”, a witch-hunt in which many LGBTQ+ people employed by the federal government were viewed as security risks amid fears their sexual orientation made them vulnerable to blackmail. Thousands were investigated and fired or denied employment.
On a call with reporters previewing the announcement, a senior administration official said: “If you think about the historical periods where LGBTQ+ individuals were purged from the federal government more generally, in the parallel military realm that was also occurring during the lavender scare, and so the convictions from those eras are indeed covered by this proclamation.”
Biden issued a separate proclamation last year marking the 70th anniversary of the lavender scare. It described a “shameful chapter” in the nation’s history in which 5,000 to 10,000 LGBTQ+ federal employees were investigated and interrogated, and lost their jobs “simply because of who they were and whom they loved”.
The measure also represents a rebuke of “don’t ask, don’t tell”, a Bill Clinton-era policy that allowed LGBTQ+ individuals to serve in the military as long as they did not reveal their sexual orientation. The policy, which stated that military personnel would not be asked about their sexual orientation, was repealed in 2010.
A National Security Council official told reporters: “Important to note that the president has been instrumental in remedying this historical injustice through action. Even dating back to his role as vice-president, President Biden played a key role during the Obama-Biden administration to effectuate the repeal of ‘don’t ask, don’t tell’.”
She added: “Last fall, he also directed the Department of Defense to announce a proactive review of the military records of former service members who were discharged because of their sexual orientation, recognising that some of these individuals are difficult to get a hold of, and may not even know their eligibility for a review of the conditions of their discharge.”
Biden’s use of clemency power follows his mass pardon of thousands of people convicted of use and simple possession of marijuana on federal lands. In this case, once LGBTQ+ individuals gain a certificate of pardon, they will be able to apply to the relevant military branch for a change in their discharge status, which has an impact on what type of Veterans Affairs (VA) benefits they qualify for.
A senior administration official said: “This presidential proclamation provides a pathway for the VA to be able to provide these deserving veterans the care and benefits they earned. The individual determination of benefits is specific to the veteran.
“We know from the White House counsel’s office the administration estimates thousands of individuals were convicted. It’s too early to tell how many of those people then apply for and receive their pardon certificates, but the VA is committed to ensuring that they receive the pay and benefits that they deserve.”