President Joe Biden issued pardons for thousands of veterans who were convicted of violating a military law that banned consensual gay sex, senior administration officials said Wednesday.

Veterans who were discharged from their military service as a result of the now-repealed law will be eligible for certificates of pardon that could allow them to receive Veterans Affairs benefits.


What You Need To Know

  • President Joe Biden issued pardons for thousands of veterans who were convicted of violating a military law that banned consensual gay sex

  • Veterans who were discharged from their military service as a result of the now-repealed law will be eligible for certificates of pardon that could allow them to receive Veterans Affairs benefits

  • “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,” President Biden said in a statement

  • Convicted veterans can apply to the Department of Defense for a certificate of pardon that would allow them to correct their military records and receive benefits

“Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” President Biden wrote in a statement issued by the White House. “Our Nation’s service members stand on the frontlines of freedom and risk their lives in order to defend our country.

“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,” Biden said. “Some of these patriotic Americans were subject to court-martial and have carried the burden of this great injustice for decades.”

Senior administration officials could not provide an exact number of veterans who are likely to be affected by the pardon but estimated it is in the thousands. The military banned consensual gay sex for more than 60 years under Uniform Code of Military Justice Article 125, which was first imposed in 1951 to criminalize consensual sodomy and lasted through 2013, when Congress rewrote the article.

The certificates of pardon are available to eligible individuals who were discharged due to the policy for the 62 years it was in place, including those who are now deceased. Convicted veterans can apply to the Department of Defense for a certificate of pardon that would allow them to receive benefits such as pensions and education. Service members who are granted a certificate of pardon will need to apply to the branch of the military where they served to have their military records corrected.