In a historic gesture of goodwill and equality, President Joe Biden has signed a proclamation granting a blanket pardon to members of the LGBTQI+ community who served in the military and were convicted under the former Article 125 of the Uniform Code of Military Justice. This measure directly addresses the injustices faced by countless service members who were penalized for their sexual orientation or gender identity. The President, through the proclamation, acknowledges the valor and sacrifice of these individuals, emphasizing his dedication to fostering a military environment that is both respectful and secure for its members.
Under this new directive, all military personnel previously convicted for consensual, private conduct with other adults will be fully pardoned. However, the pardon does not extend to cover acts involving coercion, abuse of power, fraternization, or adultery. This action seeks to not only correct past wrongs but also to urge the previously affected veterans to apply for an upgrade of their military discharge status, thus restoring their honor and acknowledging their service to the nation.
The pardons apply to convictions that occurred between May 31, 1951, and December 26, 2013—the date when Article 125 was amended by section 1707 of the National Defense Authorization Act for Fiscal Year 2014. The proclamation clarifies that it will only pardon offenses devoid of aggravating factors, which includes any conduct that aligns with prohibitions on sexual activity with military recruits or trainees by individuals in a special trust position as well as other circumscribed activities as identified by US law and military guidelines.
The military departments, in collaboration with the Department of Justice, are tasked with disseminating information about the application procedures for certificates of pardon to the affected individuals. As per the White House's announcement, once a department confirms an applicant's eligibility under the established criteria of this proclamation, the Department of Justice, acting through the Pardon Attorney, will issue the requisite certificate of pardon. The administration has expressed its stern encouragement for veterans receiving these pardons to quickly move forward to also secure an upgrade to their military discharge records.
While the pardons currently apply only to specific convictions, the White House has made it clear that it will continue to review cases of other LGBTQI+ individuals who may have faced conviction for other offenses tied to their sexual orientation or gender identity. In line with President Biden's statement, the compassionate rectification of these historical misjudgments is integral to his administration's ongoing commitment to equality and justice for every American.
