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Biden Administration to Pardon Military Vets Discharged for Gay Sex

POLITICS

Queer Politics: two rainbow flags bookending the White House.

CNN is reporting that President Joe Biden is set to pardon military veterans who were previously convicted under a military law prohibiting gay sex, "three US officials said." The pardon is set to be announced on Wednesday and could affect upwards of 2000 people.

The proclamation, while not automatically changing military release records, allows those who feel their records reflect an error or erroneous dismissal from the military, to apply for a "certificate of pardon" which would assist in receiving past military benefits withheld due to their official discharge.

As reported by CNN, the pardon "grants clemency for those convicted under Uniform Code of Military Justice Article 125 — which criminalized sodomy, including between consenting adults — between 1951 and 2013 when it was rewritten by Congress. It also applies to those who were convicted of attempting to commit those offenses."

This is a separate issue from the Pentagon's ongoing review of servicemembers whose military discharge under the now-repealed Don't Ask, Don't Tell law involved their sexual orientation, which has been ongoing since last Fall. Losing out on military benefits such as medical care, tuition assistance, home loans or military burials are some of what such veterans are looking to reverse. You can find Department of Defense information on that here. "'For decades, our LGBTQ+ service members were forced to hide or were prevented from serving altogether,' Defense Secretary Lloyd Austin said at the time. 'Even still, they selflessly put themselves in harm’s way for the good of our country and the American people.'"

The following is from WABC News7 regarding the push by military vets to reverse the effects of dishonorable discharges under DADT.

 

Of course, being the government, there are some hoops to jump through to receive the full benefits of the pardon. An online application will be reviewed by the person's military service department to review their dishonorable discharge and military record. If they are deemed eligible for a pardon, the process continues with the Department of Justice's pardon attorney.

We'll wait to see the conservative rage machine ramp up its response, which will be loathsome and calculated, to be sure. But for now, we'll enjoy one commenter sharing her military dad's feelings about the repeal by Congress of DADT in 2011.

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