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President Biden has announced a new proclamation that will pardon eligible military veterans convicted for consensual gay sex, which was illegal in the military prior to 2013.

Article 125 of the Uniform Code of Military Justice, which criminalized sodomy, had been enforced since 1951. This law was only modified in 2013 to criminalize only forcible acts.

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In a statement, President Biden said, “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. 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.”

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The majority of these convictions occurred before the implementation of the 1993 “Don’t Ask, Don’t Tell” policy, which was itself repealed in 2011, allowing LGBTQ+ individuals to serve openly. Additionally, Biden previously directed the Department of Veterans Affairs to issue benefits to veterans dishonorably discharged due to their HIV status or gender identity.

Modern Military, a prominent LGBTQ+ organization for military members, called the move a “historic step towards justice and equality.” They added that Biden’s move is “a significant move in recognizing and righting the wrongs inflicted upon LGBTQ+ service members who faced discrimination and unjust convictions under policies such as Don’t Ask, Don’t Tell.”

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