U.S. Sen. Brian Schatz, D-Hawaii, spoke out in support of Pres. Joe Biden’s decision to pardon U.S. service members once convicted under the U.S. military’s since-repealed ban on sodomy.
The categorical pardon could potentially restore eligibility to lost benefits to thousands of service members convicted under the former Article 125 of the Uniform Code of Military Justice. The ban was amended in 2013 to criminalize only forcible acts.
“The president’s action today will give thousands of brave veterans a chance to correct their military records—to remove an unwarranted discharge that was given to them for no other reason other than being gay,” Schatz said. “It would remove the mark of shame they carry, give them access to benefits they have earned, and finally give them the respect and honor they rightly deserve.”
Schatz previously authored the Restore Honor to Service Members Act, which sought the same restoration of standing and benefits to service members convicted of violating the prohibition.
Biden announced the pardon on Wednesday, saying that he was “righting an historic wrong.”
“Our nation’s service members stand on the frontlines of freedom, and risk their lives in order to defend our country,” Biden said. “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.
“This is about dignity, decency and ensuring the culture of our armed forces reflect the values that make us an exceptional nation,” he continued. “We have a sacred obligation to all of our service members—including our brave LGBTQI+ service members: to properly prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home. Today we are making progress in that pursuit.” Those eligible for the pardon will be able to apply for documentation that their conviction has been erased, enabling them to petition for recovery of lost benefits.
Most of those affected were convicted and/or forcibly discharged prior to the military’s “Don’t Ask, Don’t Tell” policy, which allowed LGBTQ+ service members to remain in the military provided they did not voluntarily disclose their sexuality. That policy provided a measure of protection for LGBTQ+ service members from 1993 until 2011, when the prohibition against such members was formally lifted.
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