Biden pardons LGBTQ+ soldiers convicted of sexual orientation

President Biden on Wednesday pardoned members of the LGBTQ community who were convicted of crimes under military law because of their sexual orientation, a move likely to impact thousands of soldiers convicted over the 60 years in which consensual homosexual behavior was formally banned under military law.

“Today, I am righting a historic wrong by using my clemency power to pardon many former service members who were convicted simply for being themselves,” the president said in a statement. “Our nation’s service members are on the front lines of freedom, risking their lives to defend our country. Despite their courage and great sacrifice, thousands of LGBTQI+ service members have been forced out of the military because of their sexual orientation or gender identity. Some of these patriotic Americans have been court-martialed and have borne the burden of this great injustice for decades.”

Since 1951, Article 125 of the Uniform Code of Military Justice explicitly criminalized consensual “sodomy” until Congress and President Barack Obama decriminalized same-sex relations in the National Defense Authorization Act for Fiscal Year 2014. But the effects of these convictions have lingered for these veterans, leaving behind criminal records and the stigma of a dishonorable discharge. as CBS News recently reported.

The Military Code is separate from, but related to, the infamous Don’t ask, don’t tell policy introduced during the Clinton years and repealed during the Obama years. This law banned openly gay and lesbian Americans from military service.

The announcement does not automatically change the records of these veterans. They still have to apply and go through a process, senior administration officials said. Eligible soldiers and veterans must apply for a certificate of pardon, which will allow them to have their discharge status changed. That status change will unlock veterans’ benefits that many of them have been denied. Officials aren’t sure how long the process might take or whether those who qualify will be eligible for back pay.

It’s unclear why the president is only now pardoning LGBTQ+ soldiers when he’s had the opportunity to do so for nearly three and a half years. In a phone call announcing the pardons, senior administration officials struggled to respond to the discrepancy.

“The president is determined to right historic wrongs when he has the opportunity,” an official told reporters.

The presidential pardon takes place on one of the last days Pride Month.

“We have a sacred obligation to all of our soldiers – including our brave LGBTQ+ soldiers: to adequately prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home,” the president said in his statement. “Today, we are making progress toward that goal.”

LGBTQ+ service members and their families have had to fight for benefits from their discharge. A federal judge in San Francisco last week refused to dismiss a lawsuit alleging that the military violated the constitutional rights of tens of thousands of LGBTQ+ veterans by failing to grant them an honorable discharge when they were barred from serving because of their sexual orientation.

Steve Marose served in the Air Force in the late 1980s before the military discovered he was gay and put him on trial. He faced 17 years in prison for sodomy and conduct unbecoming an officer. He was ultimately sentenced to two years in military prison.

“I thought my military life was over,” he told CBS News last year. “But at that moment, I thought my life was over.”

Jocelyn Larkin, an attorney with the Impact Fund, which is representing a group of LGBTQ veterans who were kicked out of the military because of their sexual orientation in a lawsuit against the Pentagon, told CBS News that Wednesday’s action was a “wonderful step forward.”

“But there is still so much work to be done,” she added. “But we welcome any recognition of the injustice that this group of people has experienced.”

Jim Axelrod and Jessica Kegu contributed reporting.