CLEMENCY

Biden to Pardon Vets Convicted Under Military Law Banning Gay Sex: Report

The pardon proclamation is expected to drop Wednesday and affect around 2,000 people, three officials familiar with the matter told CNN.

Joe Biden is expected to issue a blanket pardon to U.S. military veterans convicted under an arcane law that between 1951 and 2013 banned consensual gay sex, three officials familiar with the matter told CNN on Tuesday. The pardon, expected to be formally announced on Wednesday, is set to affect roughly 2,000 people, one of the officials said. Affected veterans’ records won’t automatically be changed as a result, nor will it alter their discharge status. But the pardon will allow them to apply for a certificate that will allow them to begin receiving military benefits withheld as a result of their conviction, according to CNN. Certain kinds of discharges render service members ineligible for veteran benefits, including those related to health care, disability, and burials. The now-defunct law in question, Uniform Code of Military Justice Article 125, forbade sodomy between military personnel. A separate, more infamous military directive known as “Don’t Ask, Don’t Tell” was repealed by Congress in 2011. In 2021—the 10th anniversary of the repeal—the Department of Veterans Affairs announced that veterans other-than-honorably discharged over their sexual orientation, gender identity, or HIV status would be eligible for benefits, but cautioned this did not equate to a change in law.