Presidential Document2024-14584
Granting Pardon for Certain Violations of Article 125 Under the Uniform Code of Military Justice
Primary source
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Published
July 1, 2024
Signed
June 26, 2024
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 89 Issue 126 (Monday, July 1, 2024)</title>
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[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Presidential Documents]
[Pages 54329-54330]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14584]
Presidential Documents
Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 54329]]
Proclamation 10780 of June 26, 2024
Granting Pardon for Certain Violations of Article
125 Under the Uniform Code of Military Justice
By the President of the United States of America
A Proclamation
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
[[Page 54330]]
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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
[FR Doc. 2024-14584
Filed 6-28-24; 8:45 am]
Billing code 3395-F4-P
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</html>Indexed from Federal Register on July 1, 2024.
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