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Biden pardons thousands of US veterans convicted under law banning gay sex (www.theguardian.com)

submitted 5 months ago by [email protected] to c/[email protected]

173 comments fedilink hide all child comments

Joe Biden has moved to correct a “great injustice” by pardoning thousands of US veterans convicted over six decades under a military law that banned gay sex.

The presidential proclamation, which comes during Pride month and an election year, allows LGBTQ+ service members convicted of crimes based solely on their sexual orientation to apply for a certificate of pardon that will help them receive withheld benefits.

…

It grants clemency to service members convicted under Uniform Code of Military Justice article 125 – which criminalised sodomy, including between consenting adults – between 1951 and 2013, when it was rewritten by Congress.

That includes victims of the 1950s “lavender scare”, a witch-hunt in which many LGBTQ+ people employed by the federal government were viewed as security risks amid fears their sexual orientation made them vulnerable to blackmail. Thousands were investigated and fired or denied employment.

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[–] [email protected] 222 points 5 months ago* (last edited 5 months ago) (7 children)

“Don’t Ask, Don’t Tell” was bigoted propaganda branded as a consideration, and the Lavender Scare was horrifically layered oppression. It was basically, “We’ve decided your sexuality is scandalous, forcing you to hide it, which makes you at risk of being blackmailed, so we’re charging you with a crime.” Fucking despicable.

These pardons are excellent. It’s such a shame thousands of veterans had to live so long with criminal records for who they are, not even what they did.

[–] [email protected] 65 points 5 months ago* (last edited 5 months ago) (5 children)

We’ve decided your sexuality is scandalous, forcing you to hide it, which makes you at risk of being blackmailed, so we’re charging you with a crime.” Fucking despicable.

While obviously not near the same level of criminalizing someone for part of their core identity, I’ve felt the same way about the US government’s treatment of pot smokers. Can’t get a security clearance if you’ve smoked pot within the past 7 years because it’s blackmail leverage ignoring the fact that it’s only blackmail material when the government considers it verboten

[–] [email protected] 33 points 5 months ago (3 children)

You can 100% get a clearance if you've smoked within 7 years of applying for one. Hell, you can get a clearance if you smoked within the last year. You just have to a) disclose the fact, b) be able to show mitigations as to why smoking weed won't be an issue while you have a clearance, and then c) not do it while you have a clearance. It ends up being not so much about the fact that you smoke weed as it is that you're not following the law, and that's the real clearance risk (from their POV). Getting a clearance is really about proving you're trustworthy to the investigator.

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[–] [email protected] 17 points 5 months ago

That change requires an act of Congress. They’ve been dragging their heels on it.

https://www.congress.gov/bill/117th-congress/house-bill/3617

[–] [email protected] 14 points 5 months ago (2 children)

It’s not so much the blackmail with pot, it’s the fact you can’t “follow the rules”. They will give a bye for previous smoking events (before you need the clearance, took a position etc.), it’s smoking with a clearance or NOT telling them that will get you wrapped up.

[–] [email protected] 10 points 5 months ago (1 children)

...it’s blackmail leverage ignoring the fact that it’s only blackmail material when the government considers it verboten...

...it’s smoking with a clearance..

Smoking with a clearance is only possible blackmail material because the government makes it verboten. Their point stands.

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[–] [email protected] 22 points 5 months ago (4 children)

I thought the concept of don't ask don't tell was a way to let gay people serve without getting congress to change the laws. Kind of like federal pot laws. It's technically illegal, they're just not supposed to enforce it.

[–] [email protected] 22 points 5 months ago (3 children)

I can't speak for Bill Clinton's thoughts but the military never engaged with it in good faith. They considered any discovery as "telling". Some service members at the time even described unit members spying on their homes to see who they lived with. Even a letter from an old lover that someone took from your belongings would be considered telling. The function of the policy was that if they could "out" you, they would discharge you with bad papers.

Under this kind of atmosphere homophobia becomes ten times worse because the possibility of that guy being gay puts your career at risk too, in case you get too close and are swept up with them.

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[–] [email protected] 19 points 5 months ago

It was a way to not deal with the issue directly, and to give members of the LGBTQ+ community an option to hide who they are and not receive punishment. But it in no way protected them. It was sold as a "compromise", but was actually a thinly veiled way to continue to suppress the community and enact harsh penalties and convictions for anyone who didn't follow the protocol.

[–] [email protected] 11 points 5 months ago (1 children)

Yeah it was progressive at the time since it stopped the military from digging around and asking your family if you are gay, especially since there weren't even civil unions in most states back then.

What i don't understand is why Obama didn't pardon them all since DADT was overtirned in 2010

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[–] [email protected] 121 points 5 months ago (4 children)

I like the part of the election cycle when some good things are allowed to happen.

I don't even blame Biden for waiting. Americans have such short memories that getting elected means having to hold some things in reserve, and getting reelected or passing the office on are genuinely important factors. It just sucks that people had to wait.

Congrats to everyone helped by this!

[–] [email protected] 108 points 5 months ago* (last edited 5 months ago) (19 children)

There have been good things throughout Biden’s entire term. They just get overshadowed by the barrage of news about the bad.

Biden rejoined the Paris Climate Agreement, revoked the Keystone Pipeline permit, created a 13 million acre federal petroleum reserve for Alaskan wildlife, greatly increased oil site lease cost, signed $7B in solar subsidies, enacted the Inflation Reduction act to support clean energy, leveraged the NLRB for an FTC ruling that eliminated non-compete agreements, capped credit card late fees, reduced or outlawed junk fees in several industries, forgave billions in student debt from predatory loans, created the CHIPS Act to improve reliance on domestic technology, reenacted Net Neutrality, repealed Title 42, ended the Muslim Ban, reinstated the law prohibiting Israeli settlement on Palestinian territory, signed the Equality Act for LGBTQ+ rights, restored gay rights to beneficiaries, reenacted trans care anti-discrimination law, signed the Respect for Marriage Act, enabled unspecified gender on US Passports, pardoned thousands of gay veterans from being convicted based on their sexual orientation, rejoined WHO, rescheduled marijuana, banned medical debt from credit reports, actively reducing drug costs with the American Rescue Plan Act…

[–] [email protected] 40 points 5 months ago (4 children)

It seems Biden likes to make things happen withiut making a big deal about it, because in a perfect world that sounds like a good thing. Just get stuff done!

But the Dems as a whole need to get better at messaging their victories so they get the credit, which I understand is hard when rage bait sells, but if nobody knows they can't counter the conservative lies.

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[–] [email protected] 24 points 5 months ago (7 children)

Thanks for sharing these. There has really been a bunch of good to come out of this administration. Much of it isn't flashy stuff that gets talked about, but there is a lot that really should be important to a lot of people.

I think Biden has exceeded most expectations many of us had for him. There are always going to be things presidents do that we won't agree with. Obama was also pretty crappy with immigrants, drone strikes, and a number of other things, but it seems we're able to look back at his terms as a net positive. If Biden didn't have to clean up after Trump and Covid, I think he could have been a very memorable president.

Don't get me wrong, I'm very pissed about Gaza and the border, but Gaza is a result of almost 100 years of bad policy of many parties, and the number of regular people still bitching about false immigration stories is pressuring all representatives to be harsh on that. We can only expect a president to do so much if a large swath of Congress and the people themselves are against something.

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[–] [email protected] 20 points 5 months ago

Wish we had a stronger sense of civic duty in this country. But one plays with the hand one is dealt.

But hey, we take good news when we can get it.

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[–] [email protected] 86 points 5 months ago (2 children)

But bothsidesaame? (/s)

[–] [email protected] 41 points 5 months ago (46 children)

lol at the 6 (at the time of writing this) trump supporters that downvoted you and are cool with trump pardoning convicted killers, his own sycophants that were convicted of federal crimes, and people that gave him bribes for his presidential pardons at the 11th hour; but not cool with pardoning people wrongfully convicted of a bigoted piece of propaganda turned law with "Don't ask, Don't Tell".

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[–] [email protected] 36 points 5 months ago (1 children)

My boss was talking about wanting them all investigated for sex crimes. Just like... How is that a good use of tax money? More funny is the fact that he doesn't believe taxation should be a thing....

[–] [email protected] 15 points 5 months ago* (last edited 5 months ago) (3 children)

He'd prefer to just form an orderly mob, I guess? Much cheaper and so traditional.

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[–] [email protected] 33 points 5 months ago (11 children)

How insane is that that they'd make a person's personal love life illegal? Like America just boggles my mind.

[–] [email protected] 24 points 5 months ago (5 children)

The whole thing was stupid circular logic...

many LGBTQ+ people employed by the federal government were viewed as security risks amid fears their sexual orientation made them vulnerable to blackmail.

LGBTQ people weren't allowed in the government/military, so if you were LGBTQ, they kicked you out because someone could blackmail you for being LGBTQ...

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[–] [email protected] 18 points 5 months ago (1 children)

People take LGBT rights for granted. Especially gay marriage. I remember when it wasn't legal. And it only became legal because of the courts.

When people act like SCOTUS and the GOP would never come after established rights, they're either ignorant or liars.

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[–] [email protected] 8 points 5 months ago* (last edited 5 months ago)

Every country was like this. Most don’t care anymore but some still do. At least it is starting to get fixed in most countries.

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[–] [email protected] 29 points 5 months ago (2 children)

Only question is: those people who (for example) went to West Point and got kicked out after it was discovered they were gay and then had to pay back their education fees. (Which can be very large) do they get their money back?

[–] [email protected] 25 points 5 months ago* (last edited 5 months ago) (9 children)

No. This is clemency for prosecution of criminal misconduct and (potential) reinstatement of "honorable discharge" status. If you got fucked financially by a military that lured you in and then crapped you back out again, you'll have to get in line for Biden's debt forgiveness plan.

Also, should note that we changed the law in 2013 and then sat on this for four full years until Obama turned the keys over to Trump. Then retook the White House and waited an additional four years to grant clemency.

Very frustrating to see Presidents implement these policies out of desperation in the middle of a tight election season rather than rolling them out ASAP.

[–] [email protected] 9 points 5 months ago* (last edited 5 months ago) (5 children)

Why doesn't everything I want happen instantly, the moment that I want it?

Probably Biben's fault

When he does something I like it still makes me angry, fucking asshole Biben

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[–] [email protected] 23 points 5 months ago (3 children)

If Trump somehow gets back in the WH, expect these veterans to get rebanned.

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[–] [email protected] 20 points 5 months ago (1 children)

But did he pardon the Navy's LGBTQ+ ringleader, Dorthy?

[–] [email protected] 9 points 5 months ago

All the investigators got arrested for asking, not that anyone's seen her...

[–] [email protected] 18 points 5 months ago* (last edited 5 months ago) (4 children)

Now might be the time to put some protections in place for trans folks serving in the military - those bans are a little more recent and likely to return if someone happens to win office…

I was going to join the Navy to help pay for school, and then one day it was no longer legal 🤡

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[–] [email protected] 11 points 5 months ago

Check out the book “Conduct Unbecoming” by Randy Shilts. It is a great read and account of much of this history (herstory).

[–] [email protected] 10 points 5 months ago* (last edited 5 months ago) (2 children)

I remember watching Clue and that's how they got one of the characters.

Glad to see justice even if it is decades later

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