In the middle of the campaign for the US presidential election, which takes place in October, Joe Biden has come out in favor of new rights for LGBTQIA+ people. The President of the United States announced on Wednesday, June 26, “right a historical wrong”by opening up the possibility of a pardon for former military personnel convicted under a section of the Military Justice Act that suppressed homosexuality in the US military for decades.
“Despite their courage and sacrifice, thousands of LGBT+ service members have been barred from the military because of their sexual orientation or gender identity. Some of these patriots were court-martialed and carried the burden of this grave injustice for decades.”, Joe Biden emphasized. He added that he wished, through this gesture, “ensure that the culture of our armed forces reflects the values that make us an exceptional nation.”
In an interview with the press, a senior US official estimated that thousands of people could be eligible. Joe Biden’s decision specifically concerns Article 125 of the Code of Military Justice, which dates from 1951 and which Congress made obsolete in 2013. This text made sodomy between consenting adults a crime punishable by court-martial.
The “don’t ask, don’t tell” rule
The affected former military personnel will have to take the step to request this presidential pardon, which will not be automatic. In addition to the symbolic aspect, these people will be able to have their military documents changed and thus restore their right to certain benefits that they have been deprived of.
LGBTQIA+ people were exclusively excluded from the military in the United States until 1994. On that date, the rule called “don’t ask, don’t tell” came into effect. This provision, repealed in 2011, required LGBTQIA+ individuals to remain silent about their sexual orientations if they wished to remain in the military.
In 2023, the US Department of Defense launched an initiative to identify former service members who were discharged from the military under the “don’t ask, don’t tell” standard and who, as a result, suffered financial losses or encountered obstacles in their search for employment.
