Joe Biden announced on Wednesday “righting a historic wrong” by opening the possibility of a pardon for former soldiers 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,” the US president said in a statement.
He added that he wanted, through this gesture, “to ensure that the culture of our armed forces reflects the values that make us an exceptional nation.”
A senior American official estimated in a press interview 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 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 the right to certain benefits of which they have been deprived.
LGBT+ people were outright excluded from the military in the United States until 1994, when the “Don’t ask, don’t tell” rule was introduced. came into force.
This rule, lifted in 2011, required LGBT+ people to remain silent about their sexual orientations if they wanted to remain in the army.
In 2023, the Department of Defense launched an initiative to identify former service members discharged from the military under the “Don’t ask, don’t tell” rule and who have suffered financial or financial harm as a result. encountered obstacles in the search for employment.