Biden Pardons Veterans Convicted 'for Being Themselves'

President Biden pardoned potentially thousands of former US service members convicted of violating a now-repealed military ban on consensual gay sex, saying Wednesday that he is "righting [a] historic wrong" to clear the way for them to regain lost benefits. Biden's action grants a pardon to service members who were convicted under the Uniform Code of Military Justice's former Article 125, which criminalized sodomy, per the AP. The law, which has been on the books since 1951, was rewritten in 2013 to prohibit only forcible acts. In a statement, Biden said many former service members "were convicted simply for being themselves."

Those covered by the pardon will be able to apply to receive proof that their conviction has been erased, petition to have their discharges from the military upgraded, and move to recover lost pay and benefits. The White House estimates that several thousand service members will be covered—the majority convicted before the military instituted the "Don't Ask, Don't Tell" policy in 1993 that eased the way for LGBTQ+ troops to serve if they didn't disclose their sexual orientation. That policy was repealed in 2011, when Congress allowed for their open service in the military. Individuals convicted of other charges "based on their sexual orientation or gender identity" can go through the normal pardon process, but their applications will be "flagged and expedited," an official tells CNN.

Service members convicted of nonconsensual acts aren't covered by Biden's pardon action. The president's use of his pardon powers is occurring during Pride Month, and his action comes just days before he's set to hold a high-profile fundraiser with LGBTQ+ donors in New York on Friday. Biden is trying to rally support within the Democratic-leaning community ahead of the presidential election. Administration officials declined to say why Biden didn't act on the pardons sooner. This is the third categorial pardon by Biden—using his clemency powers to cover a broad group of people convicted of particular crimes—after moves in 2022 and 2023 to pardon those convicted federally for possessing marijuana. (More presidential pardon stories.)