Our Nation has made tremendous progress in advancing the cause of equality for LGBTQI+ Americans, including in the military. 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. Many of these patriotic Americans were subject to a court-martial. While my Administration has taken meaningful action to remedy these problems, the impact of that historical injustice remains. As Commander in Chief, I am committed to maintaining the finest fighting force in the world. That means making sure that every member of our military feels safe and respected.
Accordingly, acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to persons convicted of unaggravated offenses based on consensual, private conduct with persons age 18 and older under former Article 125 of the Uniform Code of Military Justice (UCMJ), as previously codified at 10 U.S.C. 925, as well as attempts, conspiracies, and solicitations to commit such acts under Articles 80, 81, and 82, UCMJ, 10 U.S.C. 880, 881, 882. This proclamation applies to convictions during the period from Article 125’s effective date of May 31, 1951, through the December 26, 2013, enactment of section 1707 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66).
The purpose of this proclamation is to pardon only offenses based on consensual, private conduct between individuals 18 and older that do not involve any aggravating factor, including:
(1) conduct that would violate 10 U.S.C. 893a, prohibiting activities with military recruits or trainees by a person in a position of special trust;
(2) conduct that was committed with an individual who was coerced or, because of status, might not have felt able to refuse consent;
(3) conduct on the part of the applicant constituting fraternization under Article 134 of the UCMJ;
(4) conduct committed with the spouse of another military member; or
(5) any factors other than those listed above that were identified by the United States Court of Appeals for the Armed Forces in United States v. Marcum as being outside the scope of Lawrence v. Texas as applied in the military context, 60 M.J. 198, 207–08 (2004).
The Military Departments (Army, Navy, or Air Force), or in the case of the Coast Guard, the Department of Homeland Security, in conjunction with the Department of Justice, shall provide information about and publicize application procedures for certificates of pardon. An applicant for a certificate of pardon under this proclamation is to submit an application to the Military Department (Army, Navy, or Air Force) that conducted the court-martial or, in the case of a Coast Guard court-martial, to the Department of Homeland Security. If the relevant Department determines that the applicant satisfies the criteria under this proclamation, following a review of relevant military justice records, the Department shall submit that determination to the Attorney General, acting through the Pardon Attorney, who shall then issue a certificate of pardon along with information on the process to apply for an upgrade of military discharge. My Administration strongly encourages veterans who receive a certificate of pardon to apply for an upgrade of military discharge.
Although the pardon under this proclamation applies only to the convictions described above, there are other LGBTQI+ individuals who served our Nation and were convicted of other crimes because of their sexual orientation or gender identity. It is the policy of my Administration to expeditiously consider and to make final pardon determinations with respect to such individuals.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of June, in the year of our Lord two thousand twenty-four, and of the Independence of the United States of America the two hundred and forty-eighth.
JOSEPH R. BIDEN JR.
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Deuteronomy 32: Moses' Song For God He Teaches And Sings For Israel To Remember
1 Listen, you heavens, and I will speak;
hear, you earth, the words of my mouth.
2 Let my teaching fall like rain
and my words descend like dew,
like showers on new grass,
like abundant rain on tender plants.
3 I will proclaim the name of the Lord.
Oh, praise the greatness of our God!
4 He is the Rock, his works are perfect,
and all his ways are just.
A faithful God who does no wrong,
upright and just is he.
5 They are corrupt and not his children;
to their shame they are a warped and crooked generation.
6 Is this the way you repay the Lord,
you foolish and unwise people?
Is he not your Father, your Creator,
who made you and formed you?
7 Remember the days of old;
consider the generations long past.
Ask your father and he will tell you,
your elders, and they will explain to you.
8 When the Most High gave the nations their inheritance,
when he divided all mankind,
he set up boundaries for the peoples
according to the number of the sons of Israel.
9 For the Lord’s portion is his people,
Jacob his allotted inheritance.
10 In a desert land he found him,
in a barren and howling waste.
He shielded him and cared for him;
he guarded him as the apple of his eye,
11 like an eagle that stirs up its nest
and hovers over its young,
that spreads its wings to catch them
and carries them aloft.
12 The Lord alone led him;
no foreign god was with him.
13 He made him ride on the heights of the land
and fed him with the fruit of the fields.
He nourished him with honey from the rock,
and with oil from the flinty crag,
14 with curds and milk from herd and flock
and with fattened lambs and goats,
with choice rams of Bashan
and the finest kernels of wheat.
You drank the foaming blood of the grape.
15 Jeshurun grew fat and kicked;
filled with food, they became heavy and sleek.
They abandoned the God who made them
and rejected the Rock their Savior.
16 They made him jealous with their foreign gods
and angered him with their detestable idols.
17 They sacrificed to false gods, which are not God—
gods they had not known,
gods that recently appeared,
gods your ancestors did not fear.
18 You deserted the Rock, who fathered you;
you forgot the God who gave you birth.
19 The Lord saw this and rejected them
because he was angered by his sons and daughters.
20 “I will hide my face from them,” he said,
“and see what their end will be;
for they are a perverse generation,
children who are unfaithful.
21 They made me jealous by what is no god
and angered me with their worthless idols.
I will make them envious by those who are not a people;
I will make them angry by a nation that has no understanding.
22 For a fire will be kindled by my wrath,
one that burns down to the realm of the dead below.
It will devour the earth and its harvests
and set afire the foundations of the mountains.
23 “I will heap calamities on them
and spend my arrows against them.
24 I will send wasting famine against them,
consuming pestilence and deadly plague;
I will send against them the fangs of wild beasts,
the venom of vipers that glide in the dust.
25 In the street the sword will make them childless;
in their homes terror will reign.
The young men and young women will perish,
the infants and those with gray hair.
26 I said I would scatter them
and erase their name from human memory,
27 but I dreaded the taunt of the enemy,
lest the adversary misunderstand
and say, ‘Our hand has triumphed;
the Lord has not done all this.’”
28 They are a nation without sense,
there is no discernment in them.
29 If only they were wise and would understand this
and discern what their end will be!
30 How could one man chase a thousand,
or two put ten thousand to flight,
unless their Rock had sold them,
unless the Lord had given them up?
31 For their rock is not like our Rock,
as even our enemies concede.
32 Their vine comes from the vine of Sodom
and from the fields of Gomorrah.
Their grapes are filled with poison,
and their clusters with bitterness.
33 Their wine is the venom of serpents,
the deadly poison of cobras.
34 “Have I not kept this in reserve
and sealed it in my vaults?
35 It is mine to avenge; I will repay.
In due time their foot will slip;
their day of disaster is near
and their doom rushes upon them.”
36 The Lord will vindicate his people
and relent concerning his servants
when he sees their strength is gone
and no one is left, slave or free.
37 He will say: “Now where are their gods,
the rock they took refuge in,
38 the gods who ate the fat of their sacrifices
and drank the wine of their drink offerings?
Let them rise up to help you!
Let them give you shelter!
39 “See now that I myself am he!
There is no god besides me.
I put to death and I bring to life,
I have wounded and I will heal,
and no one can deliver out of my hand.
40 I lift my hand to heaven and solemnly swear:
As surely as I live forever,
41 when I sharpen my flashing sword
and my hand grasps it in judgment,
I will take vengeance on my adversaries
and repay those who hate me.
42 I will make my arrows drunk with blood,
while my sword devours flesh:
the blood of the slain and the captives,
the heads of the enemy leaders.”
43 Rejoice, you nations, with his people,
for he will avenge the blood of his servants;
he will take vengeance on his enemies
and make atonement for his land and people.
44 Moses came with Joshua son of Nun and spoke all the words of this song in the hearing of the people.
45 When Moses finished reciting all these words to all Israel,
46 he said to them, “Take to heart all the words I have solemnly declared to you this day, so that you may command your children to obey carefully all the words of this law.
47 They are not just idle words for you—they are your life. By them you will live long in the land you are crossing the Jordan to possess.”
Moses to Die on Mount Nebo
48 On that same day the Lord told Moses,
49 “Go up into the Abarim Range to Mount Nebo in Moab, across from Jericho, and view Canaan, the land I am giving the Israelites as their own possession.
50 There on the mountain that you have climbed you will die and be gathered to your people, just as your brother Aaron died on Mount Hor and was gathered to his people.
51 This is because both of you broke faith with me in the presence of the Israelites at the waters of Meribah Kadesh in the Desert of Zin and because you did not uphold my holiness among the Israelites.
52 Therefore, you will see the land only from a distance; you will not enter the land I am giving to the people of Israel.”
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