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Biden to pardon veterans charged with "sodomy" under 1951 military code

Article 125 of the Uniform Code of Military Justice prohibited "carnal" same-sex relations, which is why hundreds of members of the Armed Forces were convicted.

French President Emmanuel Macron (l), President Joe Biden (c) and Jill Biden (r).(Ludovic MARIN / POOL / AFP)

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On Wednesday, the president will pardon hundreds of Armed Forces veterans who were convicted under Article 125 of the Uniform Code of Military Justice, which prohibited same-sex sexual relations. Those convicted of this offense were found guilty of "sodomy" and faced consequences, including expulsion from the military.

The presidential pardon brings to a close an episode in the history of the Armed Forces that began in 1951 with the approval of this article of the military code by Democratic President Harry S. Truman. The rule was taken to the Supreme Court of the United States (SCOTUS) in the 2000s. It was only overturned in 2013 by President Barack Obama.

“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. “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 a court-martial and have carried the burden of this great injustice for decades.”

"Today, I am righting a historic wrong, thousands of LGBTQI+ service members were forced out of the Army"President Joe Biden

The Hill cited White House sources who did not specify the exact number of people who will benefit from the presidential pardon. They count them in the "thousands." They assure, however, that those who were convicted of non-consensual sodomy, a sexual assault, will not be pardoned on this occasion.

The presidential pardon has material consequences,as well as symbolic ones. Those veterans who were convicted and who are now pardoned will be eligible for benefit programs to which they previously had no access to, because of their conviction.

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