A federal judge has ordered the reinstatement of an openly lesbian former Air Force major who was dismissed from the military under the government's "Don't ask, don't tell" policy.
Judge Ronald Leighton of Tacoma, Washington, made his ruling Friday. It is the latest legal and political setback for the Obama administration, which is seeking to end the policy through a legislative and executive solution.
Maj. Margaret Witt, a decorated flight nurse with 20 years of service, had sued to return to the Air Force Reserve. She was honorably discharged in July 2007 on the grounds that she had a six-year relationship with another woman, a civilian.
"Her discharge from the Air Force Reserves violated her substantive due process rights under the Fifth Amendment to the United States Constitution. She should be restored to her position as a flight nurse with the 446th AES as soon as is practicable," wrote the judge.
An Air Force spokesman said the Air Force believes that "Major Witt's discharge was fully consistent with the law and thus appropriate."
"While we are disappointed the district court judge did not agree that important Congressionally-recognized military interests were furthered by Major Witt's discharge, we are pleased he allowed the government to develop a more detailed factual record for the appellate courts to consider," said Lt. Col. Todd Vician.
The "Don't ask, don't tell" policy enacted in 1993 prevents gay men and lesbians from openly serving in the military and bars officials from inquiring into a service member's sexuality.
The Senate this week temporarily turned aside legislation to repeal the law.
Witt joined the Air Force in 1987 and was suspended in 2004, after her superiors discovered her personal relationship with the civilian woman. At the time, she worked for an air-medical transport unit that evacuated and treated wounded soldiers.
She was described in employee reports and by trial witnesses as an "exemplary officer" who was an effective leader, caring mentor, and skilled clinician. She had hid her homosexuality for years.
Judge Ronald Leighton of Tacoma, Washington, made his ruling Friday. It is the latest legal and political setback for the Obama administration, which is seeking to end the policy through a legislative and executive solution.
Maj. Margaret Witt, a decorated flight nurse with 20 years of service, had sued to return to the Air Force Reserve. She was honorably discharged in July 2007 on the grounds that she had a six-year relationship with another woman, a civilian.
"Her discharge from the Air Force Reserves violated her substantive due process rights under the Fifth Amendment to the United States Constitution. She should be restored to her position as a flight nurse with the 446th AES as soon as is practicable," wrote the judge.
An Air Force spokesman said the Air Force believes that "Major Witt's discharge was fully consistent with the law and thus appropriate."
"While we are disappointed the district court judge did not agree that important Congressionally-recognized military interests were furthered by Major Witt's discharge, we are pleased he allowed the government to develop a more detailed factual record for the appellate courts to consider," said Lt. Col. Todd Vician.
The "Don't ask, don't tell" policy enacted in 1993 prevents gay men and lesbians from openly serving in the military and bars officials from inquiring into a service member's sexuality.
The Senate this week temporarily turned aside legislation to repeal the law.
Witt joined the Air Force in 1987 and was suspended in 2004, after her superiors discovered her personal relationship with the civilian woman. At the time, she worked for an air-medical transport unit that evacuated and treated wounded soldiers.
She was described in employee reports and by trial witnesses as an "exemplary officer" who was an effective leader, caring mentor, and skilled clinician. She had hid her homosexuality for years.
The judge found no compelling reason for her dismissal. "The application of 'don't ask, don't tell' to Major Margaret Witt does not significantly further the government's interest in promoting military readiness, unit morale and cohesion," he wrote.
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24 comments:
I'm anti-gay but if she didn't reveal her condition I think reinstatement was correct.
do you know any gay people 10:17?
I don't care who people sleep with, so long as they do their jobs and do them well.
As a heterosexual male, I often actually feel more comfortable working alongside gay women than I do with heterosexual women - zero sexual tension to deal with.
12:14 I know from personal experience that just because they happen to sleep with another women after they are around a man for a while they can easily become attracted to him. So much for your sexual tension theory!
12:30 i agree to what you are saying.. U cant help who you fall in love with.....been there dont that.
11:45 Yes I do have a few in the family what's your point?
12:14...Are you serious? Personal experience huh? Wishful thinking perhaps. It just doesn't work that way dude. Nice try.
New Military Policy.
"Don't Ask, Don't CARE"
1:35 I have turned 3 lesbians straight I don't take all the credit because I'm all that or anything it was more of a natural path for them I just offered an avenue. btw They are all married with kids now and I wish them well!
From other news articles, it's been reported that her affair was with a married woman. Officers are held to pretty strict moral codes (for very good reasons dealing with leadership and example) and if the reports are true, discharge her for THAT. Having gay people next to your desk is not even close to the same as having them in the shower, sleeping in the bext bunk, and covering you as you advance under fire. If you have never been in the military, or never been in combat, then shut up now. I have no problem working with gay men or women, but the military is a macho machine. And a whole new world. Let them run it as they see best. Further, as a veteran, I KNOW you surrender your Constitutional rights when you become a service member (you are subject to the UCMJ). So how can the military violate rights she doesn't have?? You wanna be gay in the baddest military machine the world has EVER seen? Keep your mouth shut about it. Everything is cool....but don't try forcing YOUR lifestyle and morals on an organization that doesn't want them. And for those that wish to reply-- no military service? No credible standing for comments because you really, really DON'T know what you're talking about.
12:48, my point is why are you so anti-gay? are you threaten by gay people or are you hiding your gay tenencies?
3:41 You have the typical perverse gay mentality if anybody disagrees with you they must be gay too. I think it screams of your insecurities.Homosexuality is a illness and you should get some treatment best of luck on your recovery!
323 Are you Bi or do you swing? How did you come upon three was-gay women?
3:23 then these women were not Lesbians...bisexual perhaps. You could no more turn a true Lesbian straight then a homosexual man could turn you gay. Doesn't work that way. And believe me, this I know from experience.
It's mental illness and there are several good treatments you should look into.
Well obviously, the court disagrees with you and UCMJ. And you suggest others don't know what they are talking about? lol
Dear Penthouse -
I have turned 3 lesbians straight. I don't take all the credit because I'm all that or anything, it was more of a natural path for them I just offered an avenue. BTW they are all married with kids now, and I wish them well!
Signed
Mr. Stud
It's interesting how many of the priests, politicans, and public figures who are the most virulently anti-gay often turn out to be boy lovers.
9:17 a persons homosexual preference is not a mental illness. It is determined during the development of the brain and will result in physical characteristics of the persons body. A mans voice will be higher, he will be carry himself differently. A female will have a deeper voice, may have broader shoulders, an will carry herself differently. Some of these characteristics are obvious and immediately apparent. Some are not but still send subliminal messages to others who unwittingly notice. We've all seen it. We call this feeling "Gaydar".
I've heard many people wrongfully claim that being gay is a choice. It is no more a choice than people who prefer tan skinned women (assuming you're male) over fair skinned women. Or large busted women over "flat" chested women. It is all a result of how you are "wired". This is opposed to a person who steals, lies, or cheats. It is a learned behavior and a conscious choice.
That being said, all the therapy in the world will result in nothing other than a person learning to be something they are not. In this day and age we shouldn't have to pretent to be something we're not and they shouldn't be descriniated against for being who they are. If they can perform the work and can do the job - leave people along for their personal preferences.
This is a fairly simple thing - this officer swore to uphold the orders given her, and she failed to do that. It's no different than not dating a subordinate, attending a political rally in your military uniform, making disparaging comments about your commander in chief, or any other thousand things that the military can't do that you can do as civilians.
5:00 These are the perverts who have infiltrated our legal system and why there are more and more pedophiles.
Gays don't want equality they want special treatment! They should have special treatment. IN A MENTAL HOSPITAL!
To be completely honest here, I don't think gays should be allowed in the military, however, what I don't know won't hurt me so, obviously, I support the don't ask, don't tell.
Right on 3:27
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