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.
No, it was a step in the right direction. There may have been units and commanders that tried to seek out gays but there were also plenty of commanders that really didn’t want to know so never asked.
That’s the thing, the commander could be the nicest person in the world. Once you were outed, their hands were tied. So your platoon’s lieutenant might be alright, but the platoon sergeant from the next platoon over could be nosy as hell and out you. also it functioned as a second lavender scare. Even if you beat the official investigation after being “outed” because you aren’t gay and it’s impossible to actually out you, you’re forever tainted. Your career is over and your life is in danger from homophobes, that felt empowered by the function of the policy to go after anyone they thought was gay.
If they wanted this to be a step in the right direction instead of leadership taking a step back and letting the bigotry just do it’s thing they needed to come down hard on the bigots too and allow gay service members who did not actually tell anyone to stay. That would have sent the message the public was sold on DADT.
Hilariously, the thing that really spelled the end of DADT (along with changing morals in society) was the GWOT. It’s actually kind of hard to railroad the guy who’s been clearing rooms and getting blown up with you. And the people who did keep doing it in the combat units found themselves alienated finally because it’s nearly impossible to “other” someone you served with like that.
The “don’t tell” part didn’t apply to third parties.