Biden announces pardons for veterans convicted under military law prohibiting gay sex

President Joe Biden said Wednesday he will use clemency authority to pardon former servicemembers who were convicted of crimes because of their sexual orientations or gender identities.

Biden will issue a proclamation pardoning veterans who were convicted under a provision of the Uniform Code of Military Justice prohibiting gay sex, senior administration officials said on a call with reporters.

Service members who meet certain eligibility requirements will be able to obtain certificates of pardon and apply to have their discharge characterizations changed within their branches, officials said.

Biden said the action was aimed at “righting an historic wrong” for many former service members who faced convictions “simply for being themselves.”

“Despite their courage and great sacrifice, thousands of LGBTQI+ 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,” Biden said in a statement. “This is about dignity, decency, and ensuring the culture of our Armed Forces reflect the values that make us an exceptional nation.”

The pardon would apply to any eligible conviction from 1951 through 2013, when Congress rewrote Article 125 of the Uniform Code of Military Justice, which criminalized sodomy.

Administration officials did not specify how many former service members would be affected, but they estimated that "thousands" were convicted under the provision, which held that any person found guilty of sodomy should be punished as directed by a court-martial. The action would also apply to those who are deceased.

Biden's re-election campaign has sought to