WASHINGTON (AP) — President Joe Biden pardoned potentially thousands of former U.S. service members convicted of violating a now-repealed military ban on consensual gay sex, saying Wednesday that he is “righting an historic wrong” to clear the way for them to regain lost benefits.
Biden's action grants a pardon to service members who were convicted under the Uniform Code of Military Justice's former Article 125, which criminalized sodomy. The law, which has been on the books since 1951, was rewritten in 2013 to prohibit only forcible acts.
Those covered by the pardon will be able to apply to receive proof that their conviction has been erased, petition to have their discharges from the military upgraded and move to recover lost pay and benefits.
“Today, I am righting an 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. “We have a sacred obligation to all of our service members –- including our brave LGBTQI+ service members: to properly prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home. Today we are making progress in that pursuit.”
The president’s use of his pardon powers is occurring during Pride Month and his action comes just days before he is set to hold a high-profile fundraiser with LGBTQ donors in New York on Friday. Biden is trying to rally support within the Democratic-leaning community ahead of the presidential election.
Modern Military, the nation's largest organization of LGBTQ+ service members and their families, said the decision was a “historic step towards justice and equality," and called on the military to approve the pardons quickly.
Biden's proclamation is "a significant move in recognizing and righting the wrongs inflicted upon LGBTQ+ service members who faced discrimination and unjust convictions under policies such as “Don’t Ask, Don’t Tell," the organization said in a statement after the pardon announcement. “These brave individuals stood on the front lines of freedom, risking their lives to defend our country, only to be met with injustice at home.”
Senate Majority Leader Chuck Schumer, D-N.Y., said in a statement that the actions were a step in the “march towards greater equality" and “correct a historic wrong for LGBTQ+ Americans who served bravely in our armed forces to keep our country safe.”
Administration officials declined to say why Biden did not act on the pardons sooner.
This is the third categorical pardon by Biden — using his clemency powers to cover a broad group of people convicted of particular crimes — after moves in 2022 and 2023 to pardon those convicted federally for possessing marijuana.
The White House estimates that several thousand service members will be covered — the majority convicted before the military instituted the “Don’t Ask, Don’t Tell” policy in 1993 that eased the way for LGBTQ troops to serve if they didn’t disclose their sexual orientation. That policy was repealed in 2011, when Congress allowed for their open service in the military.
Service members convicted of nonconsensual acts are not covered by Biden's pardon action. And those convicted under other articles of the military justice code, which may have been used as a pretext to punish or force out LGBTQ troops, would need to request clemency through the normal Department of Justice pardon process.
Biden had previously ordered the Department of Veterans Affairs to move to provide benefits to service members who were other than honorably discharged because of their sexual orientation, gender identity or HIV status.
Biden was at Camp David preparing for a presidential debate with Republican frontrunner Donald Trump set for Thursday, so first lady Jill Biden addressed a crowd gathered on the South Lawn of the White House that was decked out in rainbow for a Pride Month celebration.
“Just this morning, Joe took another step to right those decades of injustice, pardoning man service members who were court-martialed for simply being themselves,” she said to cheers from the crowd. “Honoring those heroes — I'm sure there's many of you in the crowd — veterans and their families who have given so much for our country.”
First lady Jill Biden arrives with Ashley Biden to speak at a Pride Month celebration on the South Lawn of the White House in Washington, Wednesday, June 26, 2024. (AP Photo/Mark Schiefelbein)
First lady Jill Biden speaks at a Pride Month celebration on the South Lawn of the White House in Washington, Wednesday, June 26, 2024. (AP Photo/Mark Schiefelbein)
FILE - President Joe Biden speaks in the East Room at the White House in Washington, June 4, 2024. (AP Photo/Manuel Balce Ceneta)
KYIV, Ukraine (AP) — Ten Ukrainian civilians held prisoner for years by Russia arrived in Kyiv overnight Saturday after the mediation of the Vatican, Ukraine President Volodymyr Zelenskyy said.
They were freed Friday. Some had been captured years before Russia’s full-scale invasion. The pope has said the Holy See has been involved in past prisoner swaps during the Ukraine war.
Among those freed was Nariman Dzhelyal, deputy head of the Mejlis, a representative body of Crimean Tatars that was relocated to Kyiv after Russia seized the peninsula in 2014. He was taken from Crimea, where he lived despite the annexation, one year before the war.
The chief of Mejlis, Refat Chubarov, and Crimean Tatar leader Mustafa Dzhemilev embraced him after nearly three years of captivity.
Dzhelyal said many Ukrainians remain in captivity: “We cannot leave them there because the conditions, both psychological and physical, are very frightening there.”
The former prisoners, wrapped in blue and yellow flags, reunited with families in Kyiv and called those who couldn’t be there. For some, the separation had lasted many years.
“I really want to hug you. I’ll be with you soon, Mommy,” said Isabella Pekh, the daughter of freed art historian Olena Pekh, through a video call. “I’m so sorry I couldn’t meet you.”
For almost six years, Isabella Pekh spoke at international conferences and appealed to ambassadors for help in freeing her mother, who was detained in the occupied part of the Donetsk region.
“It was six years of hell that words cannot describe. But I knew I had my homeland, I had people who loved me, I had my daughter,” Olena Pekh said.
Two Ukrainian Greek Catholic priests were among those freed. One, Bohdan Heleta, was detained in 2022 in his church in the occupied city of Berdiansk in the southeastern region of Zaporizhzhia.
“There are a lot of our men and women there," Heleta said of those who remain imprisoned. "They need help, concrete help. They are waiting for it.”
Pope Francis in an address on Saturday called for the release of all prisoners in the war, and thanked God for the liberation of the two priests.
Zelenskyy in a post on X wrote that “I am grateful to everyone who helped. I thank our team working to free the prisoners. I also want to acknowledge the efforts of the Holy See in bringing these people home.”
According to Ukraine’s Coordination Headquarters for the Treatment of Prisoners of War, 3,310 Ukrainians have already been released from Russian captivity since Russia's full-scale invasion. Many thousands, both civilians and military personnel, remain imprisoned.
Associated Press reporter Giada Zampano in Rome, Italy, contributed to this report.
Follow AP’s coverage of the war in Ukraine at https://apnews.com/hub/russia-ukraine
Valeriy Matiushenko, who spent over seven years in Russian captivity, talks to his relatives via video signal at Kyiv airport, Kyiv, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's president Volodymyr Zelenskyy. (AP Photo/Alex Babenko)
Priest Bohdan Heleta, who was detained inside his own church in the occupied city of Berdiansk in the Zaporizhzhia region in 2022, smiles at Kyiv airport in Kyiv, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's president Volodymyr Zelenskyy. (AP Photo/Alex Babenko)
Olena Pekh, left, researcher at Horlivka Art Museum shows the bracelet on her arm while she speaks to her daughter via videosignal, in Kyiv airport, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's President Volodymyr Zelenskyy. (AP Photo/Alex Babenko)
Olena Pekh, left, researcher at Horlivka Art Museum talks to her daughter via videosignal in Kyiv airport, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's President Volodymyr Zelenskyy. (AP Photo/Alex Babenko)
Valeriy Matiushenko, who spent over seven years in Russian captivity, signs the Ukrainian national flag in Kyiv airport, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's President Volodymyr Zelenskyy. (AP Photo/Alex Babenko)
Nariman Dzhelyal, right, deputy head of the Mejlis of the Crimean Tatar People, signs the Ukrainian national flag in Kyiv airport, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's President Volodymyr Zelenskyy. (AP Photo/Alex Babenko)
Priest Bohdan Heleta, left, who was detained inside his own church in the occupied city of Berdiansk in the Zaporizhzhia region in 2022, speaks to his friend in Kyiv airport, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's president Volodymyr Zelenskyy. (AP Photo/Alex Babenko)
Nariman Dzhelyal, deputy head of the Mejlis of the Crimean Tatar People, center, in Kyiv airport, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's President Volodymyr Zelenskyy. Among the freed was Deputy Head of the Mejlis Nariman Dzhelyal. Mejlis is a representative body of Crimean Tatars that was relocated to Kyiv after Russia seized Crimea.(AP Photo/Alex Babenko)
Priest Bohdan Heleta, who was detained inside his own church in the occupied city of Berdiansk in the Zaporizhzhia region in 2022, arrives at Kyiv airport in Kyiv, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's president Volodymyr Zelenskyy. (AP Photo/Alex Babenko)
Valeriy Matiushenko, who spent over seven years in Russian captivity, talks to his relatives via video signal at Kyiv airport, Kyiv, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's president Volodymyr Zelenskyy. (AP Photo/Alex Babenko)
Medics check the health of Ivan Levytskyi, who was recently released from Russian captivity, in Kyiv airport, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's President Volodymyr Zelenskyy. (AP Photo/Alex Babenko)
Nariman Dzhelyal, second right, deputy head of the Mejlis of the Crimean Tatar People stands among with other prisoners who have been recently released in Kyiv airport, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoners for years, were released from Russian captivity on Friday with a mediation of Vatican, said Ukraine's President Volodymyr Zelenskyy. (AP Photo/Alex Babenko)
Olena Pekh, researcher at Horlivka Art Museum, cries while she speaks to her daughter via videosignal in Kyiv airport, Ukraine, Saturday, June 29, 2024. Ten Ukrainians who had been held prisoner for years were released from Russian captivity Friday with the mediation of the Vatican, Ukraine President Volodymyr Zelenskyy said. (AP Photo/Alex Babenko)
