In the middle of the campaign for the American presidential election, which will take place in October, Joe Biden has shown himself in favor of new rights for LGBT + people. The President of the United States announced, Wednesday June 26, “right a historic wrong”by opening the possibility of a pardon for former military personnel convicted on the basis of an article of the code of military justice, which repressed homosexuality in the American army for decades.
“Despite their courage and sacrifice, thousands of LGBT+ service members have been excluded from the military because of their sexual orientation or gender identity. Some of these patriots were sent to court-martial and carried the burden of this heavy injustice for decades.”, underlined Joe Biden in a press release. He added that he wanted, through this gesture, “ensuring that the culture of our armed forces reflects the values that make us an exceptional nation.”
In an interview with the press, a senior American official estimated that thousands of people could be eligible. Joe Biden’s decision specifically concerns article 125 of the code of military justice, dating 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 former military personnel concerned will have to take the step of requesting this presidential pardon, which will not be automatic. Beyond the symbolic aspect, these people will be able to have their military documents modified and thus restore their right to certain benefits of which they have been deprived.
LGBT+ people were banned from the US military until 1994, when the “don’t ask, don’t tell” rule came into effect. This provision, lifted in 2011, required LGBT+ people to keep quiet about their sexual orientation if they wanted 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.