BIDEN PARDONS LGBTQ VETERANS, BUT FEW HAVE APPLIED. WHY?


By akirschbaum
Maj. Tyler McBride, 62nd Fighter Squadron F-35A Lightning II instructor pilot, and Capt. Justin Lennon, 56th Training Squadron F-35 instructor pilot, hold an LGBTQ+ Pride flag after a Pride Month flyby June 26, 2020, at Luke Air Force Base, Ariz. McBride and Lennon performed the flyby over Luke AFB to celebrate and highlight the LGBTQ+ community and when Biden pardons lgbtq veterans.

Joining the military is a great honor, as you have the chance to serve the country. However, there are some controversies regarding gender discrimination within the organization—especially those who are being relieved due to their sexual orientation. In the past, the military did exclude those members of the LGBTQ community from service. It was not until 1993 that former President Bill Clinton signed a law known as the "Don't Ask, Don't Tell," which allowed lesbian, bisexual, and gay to serve as long as they did not reveal their orientation. Now, in a recent statement, President Biden has pardoned LGBTQ Veterans, and thousands are benefiting from it.

Struggles of the LGBTQ in Service

Even though they are allowed to serve, they still need to hide their true identity. There are efforts to remove the ban on openly lesbian, bisexual, and gay people who are in service. However, these endeavors have been unsuccessful. In 2010, there was a ray of light when two federal courts ruled the prohibition of open members of LGBTQ personnel unconstitutional. During the last quarter of the same year, the Senate passed and President Barack Obama signed the Don't Ask, Don't Tell Repeal Act of 2010 ending the restrictions to bisexual, gay, and lesbian personnel.In 2015, the RAND Corporation conducted a survey, and a total of 16,000 service members were respondents. They found out that 1.9% of males identified as gay and 2.0% as bisexual. 7.0% of females identified as lesbian, and 9.1% as bisexual. It seems that things are getting better for the community members since Biden pardons LGBTQ Veterans.

Biden Pardons LGBTQ Veterans Released From Service

In a statement, the White House mentioned that thousands of Veteran members of the LGBTQ community will benefit from Biden's move. He issued a pardon to those service members who were compelled to be released from service due to their sexual orientation. However, the plan did not shatter any glass. This is because only eight Veterans applied for pardons three months after the announcement - two from the Army, six from the Air Force, and none from the Marines, Coast Guard, and Navy.This disappointed some advocates since Biden pardoned LGBTQ Veterans, which is another step to raise hopes and awareness for many Veterans who were denied benefits. It would contribute to losing the stigma of court-martial.

Despite this Historic Move, Few LGBTQ Veterans Apply For Pardons

Steve Marose was one of the Veterans who applied for the pardon. His case is still under review. He even added that he himself was shocked by the low response. He wondered if the pardons' limits have something to do with it since those who are convicted of consensual sodomy in a military court are qualified. However, some experts believed that many LGBTQ Veterans were compelled to resign from service. This was due to the threat of a court-martial.Marose added that the presentation of the pardon is very broad. It seems that many Vets will benefit from it, but the reality is that only a few will. In 1990, Marose was sentenced to two counts of conduct unbecoming an officer. This was on top of his three charges related to consensual sodomy. He doubted applying when he heard that President Biden pardoned LGBTQ but decided to submit anyway. Though his case is not unique, gay service members are always faced with other charges, including misconduct. This leads to their pardon becoming questionable.Veteran law expert and professor at Yale Law School, Michael Wishnie, was also surprised that few have taken advantage of the opportunity. Now, Marose is pursuing a clear record and access to VA benefits. He also appealed his case to the Air Force Board for Correction of Military Records and the VA, which eventually became more accepting of Vets who have a spot on their records. Now, it is clear to him why some Veterans did not show despite President Biden's pardon of LGBTQ Veterans. This is because they will need to endure the lengthy process without any guarantee of a favorable result.Suggested reads:


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