Biden Pardons Military Members Convicted for Gay Sex

Joel Medina • June 28, 2024

Written by John-John Williams IV for The Baltimore Banner

Ross Wojick said he was surprised to hear that President Joe Biden pardoned former U.S. service members convicted of violating a now-repealed military ban on consensual gay sex, which will clear the way for them to regain lost benefits. After all, the paralegal specializing in family law thought that after the controversial policy ”don’t ask, don’t tell” was repealed in 2010, many of the roadblocks that LGBTQIA+ military personnel faced were cleared. But he is glad it happened all the same.

“I’m kind of shocked that this is still a thing,” said the 29-year-old Columbia

resident, who is gay.

“Unfortunately those who were convicted on primitive laws are still suffering, but in the larger public view went unnoticed. This pardon should have happened long ago, but I think it brings awareness to LGBTQ issues that don’t always get to the forefront of the public view.”

Biden said Wednesday that he is “righting a historic wrong” for potentially thousands of military personnel who would be affected. The initial law only covered those still serving in the military, not those who were already out or discharged.

Now, all service members who were convicted under the Uniform Code of Military Justice’s former Article 125, which criminalized sodomy, will receive a pardon. The 1951 law 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.

The pardon will cover several thousand service members — the majority convicted before the military instituted the “don’t ask, don’t tell” policy in 1993, according to White House estimates.

“Don’t ask, don’t tell” 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 That policy was repealed in 2011, when Congress allowed for their open service in the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.

“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.”

Biden’s announcement during Pride Month felt “pretty good” for Lucas F. Schleusener, CEO of Out in National Security, a Washington, D.C.-based nonprofit, nonpartisan organization dedicated to empowering queer national security professionals.

“Righting a historic wrong on this scale is one culmination of decades of advocacy,” Schleusener said.

“It’s proof that fighting for what’s right is always worth it.”

The Biden and Obama administrations have “frequently” used Pride Month as a marker for major policy reforms related to the LGBTQIA+ community, according to Schleusener, who said his organization has been fighting for this to happen since its inception six years ago.

“It helps stakeholders work together towards common goals,” he added.

Biden administration officials declined to say why the president did not act on the pardons sooner.

Phillip Westry, executive director of FreeState Justice, a Baltimore-based legal advocacy organization that seeks to improve the lives of low-income LGBTQ Marylanders, called Biden’s pardon a “positive step,” but added that the damage to military personnel has been done.

Veterans account for 3% of the organization’s cases — typically working with the Department of Veterans Affairs regarding their benefits.

“Most veterans don’t know they can request a reinstatement of their benefits,” Westry explained, adding that his organization did a “big push” a couple years ago to get the word out how LGBTQ service members could have their discharge status upgraded and their benefits reinstated.

“Providing these veterans with access to full benefits and services could be transformative and a significant step towards correcting this injustice,” saidLauren Pruitt, legal director for FreeState Justice.

Schleusener points to more things that need to be done, such as codifying transgender military service, establishing standards for nonbinary service, and continuing to train and align personnel policies and medical care with the needs of LGBTQIA+ service members and dependents.

“The Department also needs to continue its work, extending automatic service discharge upgrades to veterans kicked out under policies proceeding, “don’t ask, don’t tell,” he said.

“The United States Department of Defense continues to be the single largest employer of LGBTQIA+ Americans, and we remain committed to working with the Department, the White House, and Congress, to make sure that our community is treated with dignity and respect and that past wrongs and

harms are corrected and healed.

The Associated Press Contributed to This Story

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Expanded PrEP access among FreeState Justice’s 2026 legislative priorities

By Joel Medina • January 29, 2026

As Featured In the Washington Blade, written by Sam Epner FreeState Justice this week spoke with the Washington Blade about their priorities during this year’s legislative session in Annapolis that began on Jan. 14. Ronnie L. Taylor, the group’s community director, on Wednesday said the organization continues to fight against discrimination against people with HIV/AIDS. FreeState Justice is specifically championing a bill in the General Assembly that would expand access to PrEP in Maryland. Taylor said FreeState Justice is working with state Del. Ashanti Martinez (D-Prince George’s County) and state Sen. Clarence Lam (D-Arundel and Howard Counties) on a bill that would expand the “scope of practice for pharmacists in Maryland to distribute PrEP.” The measure does not have a title or a number, but FreeState Justice expects it will have both in the coming weeks. FreeState Justice has long been involved in the fight to end the criminalization of HIV in the state. Governor Wes Moore last year signed House Bill 39, which decriminalized HIV in Maryland. The bill — the Carlton R. Smith Jr. HIV Modernization Act — is named after Carlton Smith, a long-time LGBTQ activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in 2024. FreeState Justice said Marylanders prosecuted under Maryland Health-General Code § 18-601.1 have already seen their convictions expunged. Taylor said FreeState Justice will continue to “oppose anti anti-LGBTQ legislation” in the General Assembly. Their website later this week will publish a bill tracker. The General Assembly’s legislative session is expected to end on April 13.

FreeState Justice Releases Its 2025 Annual Report

By Joel Medina • November 26, 2025

FreeState Justice is proud to announce the release of our 2025 Annual Report, a comprehensive reflection on a year marked by growth, determination, and a deep commitment to Maryland’s LGBTQ+ communities. This year’s report highlights new records across our pro bono legal services and resource navigation programs, as well as major legislative victories that strengthen protections and expand opportunities for LGBTQ+ Marylanders. At a time when discrimination continues to rise in Maryland and nationwide, we are proud of what our team achieved in the face of these challenges. From serving more Marylanders than ever through our pro bono and resource navigation programs to passing multiple monumental pieces of legislation that support LGBTQ+ communities, 2025 has set many new records in our fight for justice. It also underscores an important truth: none of this work would be possible without you! It's your ongoing support that allows us to provide these life-saving services to so many Marylanders in need. This report is both a celebration of what we accomplished and an appreciation for supporters like you — we’re grateful to have you in our corner as we plan to do even more in the ongoing fight for justice in 2026! You can read the full annual report here .

FreeState Justice and BLAQ Equity Baltimore Announce Strategic Partnership

By Joel Medina • October 20, 2025

FreeState Justice and BLAQ Equity Baltimore (two of Maryland’s leading LGBTQ+ advocacy organizations) are proud to announce a formal partnership designed to deepen community engagement and amplify support for Black, trans, and gender-expansive Marylanders. BLAQ Equity Baltimore is a community-driven force for Black LGBTQIA+/SGL (Blaq) Marylanders. For more than two decades, it has worked tirelessly to showcase and preserve the cultural pride of Blaq communities, integrating principles of self-determination and transformative justice into the daily lives of everyone they interact with. Similarly, FreeState Justice has worked for many years as Maryland’s only statewide LGBTQ+ legal advocacy organization, bringing life-saving resources to those who need them most. Through pro bono legal services, community programming, and legislative advocacy, it fights daily to make Maryland a state where everyone can thrive. Together, the organizations are joining forces to build a more inclusive and equitable Maryland for all. “This partnership is about building power from the inside out,” said Phillip Westry, Esq., Executive Director of FreeState Justice. “BLAQ Equity Baltimore’s work is rooted in the same values that guide ours — dignity, self-determination, and a refusal to leave anyone behind. By joining forces, we’re investing in the collective liberation of every Blaq individual in Maryland.” This partnership includes a shared workspace, cross-organizational programming, and aligned advocacy initiatives, creating a unique model of collaboration that honors both organizations’ missions and strengths. With BLAQ Equity Baltimore now operating from FreeState Justice’s office, these organizations will be able to provide comprehensive support to any client in need. “This partnership will help meaningfully and intentionally bridge the gap between FreeState Justice and Black LGBTQIA+/SGL communities in Baltimore who may not always be aware of the legal and advocacy resources available to them,” said Christopher Henderson-West, Co-Executive Director of BLAQ Equity Baltimore . “It’s an important step in building awareness, establishing sustainable access, and providing direct support where it’s needed most. A beneficial and advantageous collaboration that has the potential to advance equity and inclusion not only citywide, but statewide." As two organizations committed to disrupting systems of harm and building infrastructure for healing and growth, this partnership represents a new chapter in Maryland-based LGBTQ+ advocacy. With each collaboration, FreeState Justice and BLAQ Equity Baltimore will center Black, trans, and gender-expansive freedom, steadily working towards cementing Baltimore — and Maryland as a whole — as a national model for inclusion. You can learn more about FreeState Justice here and BLAQ Equity Baltimore here .

Announcing the 2025 Policy Report!

By Joel Medina • October 15, 2025

FreeState Justice has launched our 2025 FSJ Policy Report!

The Carlton R. Smith Jr. HIV Modernization Act Takes Effect in Maryland

By Joel Medina • October 3, 2025

This week, the Carlton R. Smith Jr. HIV Modernization Act (SB0356) takes effect in Maryland, a historic piece of legislation that repeals decades-old laws that criminalize people living with HIV. This marks a significant victory not only for every Marylander, but for FreeState Justice (Maryland’s leading LGBTQ+ legal services organization) and the broader coalition of advocates who have fought for years to pass this law. Behind this win lies countless hours of relentless advocacy from FreeState Justice, the Maryland HIV Coalition, and more than a dozen local and national partners. After coming close to passage in 2024 but ultimately failing, advocates launched a renewed campaign to carry this bill across the finish line and get it passed on May 20, 2025. FreeState Justice is honored to have played a key role in these advocacy efforts, raising awareness about the benefits of this legislation and implementing numerous community outreach efforts to support its passage. “The passage of this act is a long-overdue step toward justice for people living with HIV in Maryland,” said Phillip Westry, Esq., Executive Director of FreeState Justice . “For too long, outdated laws have targeted and punished people simply because of their HIV status — this legislation corrects that harmful mistake. We’re proud to have helped lead the coalition behind its passage and are honored to uplift the legacy of Carlton R. Smith Jr., whose life’s work made this moment possible.” FreeState Justice would like to extend its deepest gratitude to the partner organizations and legislative champions who helped pass this bill: Chair of the LGBTQ+ Caucus Delegate Kris Fair, Chair of the Judicial Proceedings Committee Senator William C. Smith, and Senator Emeritus Shirley Nathan Pulliam. And, of course, the trailblazer who made this piece of legislation possible: Carlton R. Smith Jr., and his family for so graciously lending his name to this legislation. Carlton R. Smith Jr. is a beloved Black LGBTQ+ and HIV/AIDS activist, affectionately known as “The Duchess” by the many people who knew and loved him. Diagnosed with HIV in 1986 at 21 years old, Carlton turned his diagnosis into decades of advocacy for the dignity of people living with HIV. He co-founded Blaq Equity Baltimore, launched Baltimore BLAQ Pride, and spent his life pushing for policy change rooted in racial justice and LGBTQ+ pride. Carlton passed away in May 2024, and his legacy lives on in every person protected by this law. The passing of the Carlton R. Smith Jr. HIV Modernization Act will be felt most by Maryland’s LGBTQ+ communities—particularly Black and trans Marylanders—who have for too long been over-policed and imprisoned by this state’s outdated laws. By decriminalizing people living with HIV, the law removes a dangerous barrier to care and safety, reducing stigma and making it easier for people to seek related services without fear of prosecution. Not only that, but it also serves as a roadmap for activists across the country to enact similar changes in their own communities. It is truly a monumental piece of legislation, and FreeState Justice is honored to celebrate its taking effect. “The Carlton R. Smith Jr. HIV Modernization Act is proof that policy can evolve to match science, justice, and the lived realities of our communities,” said Ronnie L. Taylor, Community Impact Director at FreeState Justice. “For decades, Maryland’s HIV criminalization laws fueled stigma and fear rather than safety and care. I know how these laws have disproportionately harmed Black and LGBTQ+ Marylanders, pushing too many of us to the margins. This victory honors Carlton’s legacy and shows that when we center dignity and public health, we can rewrite laws that once wrote us out. With this passage, Maryland says clearly: our lives are not crimes.” If you or someone you know has questions about how the Carlton R. Smith Jr. HIV Modernization Act impacts them, please reach out to the FreeState Justice’s legal team here .

FreeState Justice Launches 2025–2028 Strategic Plan to Advance Equity and Justice for LGBTQ+ Marylanders

By Joel Medina • August 14, 2025

FreeState Justice is proud to announce the launch of its 2025–2028 Strategic Plan , a responsive roadmap to guide the organization’s growth and mission of advancing equity for LGBTQ+ individuals across Maryland. The plan officially went into effect on July 1, 2025, following an extensive community-centered planning process. This launch comes at a time of escalating political attacks on LGBTQ+ rights - particularly those targeting trans people - and ongoing cuts to federal funding for vital services. Even in the face of these challenges , FreeState Justice is planning for a future rooted in resilience, with a clear commitment to continuing and strengthening our work for Maryland’s LGBTQ+ communities. “At a time of increasing threats to LGBTQ+ rights, FreeState Justice is responding with clarity and resolve,” said Phillip Westry, Esq., Executive Director of FreeState Justice. “This strategic plan reflects the voices, needs, and hopes of our community—and charts a course for lasting impact.” The development of the plan included community listening sessions, stakeholder interviews, and feedback from clients, resulting in a focused set of strategic priorities: Expand legal services to reach more Marylanders in need Grow outreach efforts to strengthen community engagement Strengthen internal operations for long-term sustainability Advance policy change that creates systemic impact Over the next three years, FreeState Justice will continue its work around policy advocacy, resource navigation, and expanding its pro bono legal services network to reach communities most impacted by injustice in Maryland. These include transgender people, LGBTQ+ youth, older adults, people living with HIV, and any individuals facing marginalization based on their identity. “This plan is not just a document, it’s a call to action,” said FreeState Justice’s Board President, Andrew Adelman, Esq. “We are committed to ensuring that LGBTQ+ people across Maryland can live safely, openly, and with access to the resources and protections they deserve.” You can read the full Strategic Plan here .