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.
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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.
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.
The “don’t tell” part didn’t apply to third parties.