Chuck Schoen, right, and life-long friend Jack Bickell pictured in a photo from the 1940s. In 1942, Schoen enlisted in the U. S. Navy, where he met his partner of 48 years, Jack Harris. Scheon was discharged from the Navy after 19 years of service and eventually formed groups fighting for the rights of gay and lesbian veterans. Photo courtesy the Chuck Schoen Collection at the ONE Archives at the USC Libraries.
President Joe Biden issued pardons Wednesday to LGBTQ+ service members discharged for their sexual orientation or gender identity under discriminatory military policies, including “Don’t Ask, Don’t Tell,” marking a historic step in the protracted battle for equality within the U.S. armed forces.
Those individuals 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.
“Today, I am righting a historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” Biden said in a statement. “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.”
He added: “Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades.”
Dark time in history
Biden’s clemency for LGBTQ+ veterans corrects a dark era when the military prosecuted individuals under Article 125 of the Uniform Code of Military Justice, which prohibited gay sex and was in place from 1951 to 2013.
Officials estimate that approximately 100,000 service members have been expelled from the military since World War II due to their sexual orientation, including more than 13,000 under “Don’t Ask, Don’t Tell” between 1994 and 2011.
The president’s use of his pardon powers occurrs during Pride Month and his action comes just days before he is set to hold a high-profile fundraiser with LGBTQ donors in New York on Friday. Biden wants rally support within the Democratic-leaning community ahead of the presidential election.
Modern Military, the nation’s largest organization of LGBTQ+ service members and their families, said the decision was a “historic step towards justice and equality,” and called on the military to approve the pardons quickly.
Biden’s proclamation 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,” the organization said in a statement after the pardon announcement. “These brave individuals stood on the front lines of freedom, risking their lives to defend our country, only to be met with injustice at home.”
How pardon process will work
During a detailed call with reporters on Tuesday evening, senior administration officials explained the anticipated scope of the pardon and the procedures for veterans to claim their rights.
- Veterans impacted by this policy can apply for a certificate of pardon, which serves as proof that they meet the eligibility criteria outlined in the proclamation, administration officials said. With this certificate, veterans can petition for a change in their discharge status through the relevant military branch where they served.
- Changing their discharge from “dishonorable” to “honorable” can unlock a range of veterans’ inaccessible benefits due to their discharge status. These benefits include healthcare, pensions, and more.
- However, the issue of back pay remains complex and largely unaddressed in the immediate details provided by the officials. Administration officials did not specify commitments regarding back pay for the time veterans were unjustly discharged from service, which suggests that further clarifications from the Defense Department might be necessary.
The administration also plans outreach efforts to ensure all eligible veterans know their rights under the pardon.
- An information campaign will collaborate with advocacy groups and veterans’ organizations to reach a broad audience, officials said
- The administration wants to connect veterans with pro bono attorneys who can assist in navigating the application process for discharge upgrades and other legal matters related to the pardon.
- To facilitate the application and review process, the administration wants to make these procedures as accessible and efficient as possible, setting up clear guidelines on the Defense Department website and streamlining procedures for reviewing and approving applications for discharge upgrades, officials said.
- Each military branch will play a critical role in this review process, and the administration has indicated it will ensure these branches are adequately resourced to handle the potential influx of applications.
- Separate reviews will be required in cases where individuals were convicted under other charges related to their sexual orientation or gender identity.
The administration has made provisions for the Justice Department to expedite these situations, acknowledging the complexity and variety of cases that might arise from past discriminatory practices.
