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Biden pardons ex-service members convicted under now-repealed gay sex ban

Decision clears the way for them to regain lost benefits
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FILE - President Joe Biden speaks in the East Room at the White House in Washington, June 4, 2024. (AP Photo/Manuel Balce Ceneta)

President pardoned potentially thousands of former U.S. service members convicted of violating a now-repealed military ban on consensual gay sex, saying Wednesday that he is 含羞草研究社渞ighting an historic wrong含羞草研究社 to clear the way for them to regain lost benefits.

grants a pardon to service members who were convicted under the Uniform Code of Military Justice含羞草研究社檚 former Article 125, which criminalized sodomy. The law, which has been on the books since 1951, was rewritten in 2013 to prohibit only forcible acts.

Those covered by the pardon will be able to apply to receive proof that their conviction has been erased, petition to have their discharges from the military upgraded and move to recover lost pay and benefits.

含羞草研究社淭oday, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,含羞草研究社 Biden said in a statement. 含羞草研究社淲e have a sacred obligation to all of our service members 含羞草研究社- including our brave LGBTQI+ service members: to properly prepare and equip them when they are sent into harm含羞草研究社檚 way, and to care for them and their families when they return home. Today we are making progress in that pursuit.含羞草研究社

The president含羞草研究社檚 use of his pardon powers is occurring during Pride Month and his action comes just days before he is set to hold a high-profile fundraiser with donors in New York on Friday. Biden is trying to rally support within the Democratic-leaning community ahead of the presidential election.

Modern Military, the nation含羞草研究社檚 largest organization of LGBTQ+ service members and their families, said the decision was 含羞草研究社渉istoric step towards justice and equality,含羞草研究社 and called on the miliary to approve the pardons quickly.

Biden含羞草研究社檚 proclamation is 含羞草研究社渁 significant move in recognizing and righting the wrongs inflicted upon LGBTQ+ service members who faced discrimination and unjust convictions under policies such as the organization said in a statement after the pardon announcement. 含羞草研究社淭hese brave individuals stood on the front lines of freedom, risking their lives to defend our country, only to be met with injustice at home.含羞草研究社

Administration officials declined to say why Biden did not act on the pardons sooner.

This is the third categorial pardon by Biden 含羞草研究社 using his clemency powers to cover a broad group of people convicted of particular crimes 含羞草研究社 after moves in 2022 and 2023 to pardon those convicted federally for possessing marijuana.

The White House estimates that several thousand service members will be covered 含羞草研究社 the majority convicted before the military instituted the 含羞草研究社淒on含羞草研究社檛 Ask, Don含羞草研究社檛 Tell含羞草研究社 policy in 1993 that eased the way for LGBTQ troops to serve if they didn含羞草研究社檛 disclose their sexual orientation. That policy was repealed in 2011, when Congress allowed for their open service in the military.

Service members convicted of nonconsensual acts are not covered by Biden含羞草研究社檚 pardon action. And those convicted under other articles of the military justice code, which may have been used as pretext to punish or force-out LGBTQ troops, would need to request clemency through the normal Department of Justice pardon process.

Biden had previously ordered the Department of Veterans Affairs to move to provide benefits to service members who were other than honorably discharged because of their sexual orientation, gender identity or HIV status.

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