Another Stunning Victory For LGBTI Rights
On September 24 The LGBTI community received another of what is becoming a long series of court victories. On that date, US District Judge Ronald Leighton issued a ruling saying that the Air Force violated the rights of Margaret Witt by discharging her under the Don?t Ask Don?t Tell (DADT) policy. Judge Leighton ordered the Air Force to reinstate Witt promptly.
Witt?s discharge came shortly before her 20th anniversary of service in the Air Force, when she would have become eligible for an Air Force pension. The Air Force action against Witt, A Major and a nurse in the Air Force, apparently began when a neighbor told the Air Force that Witt is a lesbian.
Witt began her long court battle in April 2006 by suing the US Air Force and seeking reinstatement to the Air Force. In July of 2006 the District Court of Western Washington State ruled against her. It said that "The (Don?t Ask, Don?t Tell) regulation was subject to rational basis scrutiny, and that the evidentiary hearings held, and factual findings adopted, by Congress provided a sufficient foundation to support the regulation.
However, Witt appealed to the 9th US Circuit Court of Appeals, and that court reversed the lower court?s decision. The appeals court sent the case back to the lower court. The appeals court did rule that the Air Force had not violated Witt?s right to equal protection under the law. However, it ordered the lower court to determine whether the specific application of DADT to Major Witt
significantly furthers the government?s interest, and whether less intrusive means would substantially achieve the government?s interest.
In his ruling on the case Judge Leighton concluded that "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, or unit morale and cohesion. Her discharge from the Air Force Reserves violated her substantive due process rights under the Fifth Amendment to the
United States Constitution." He ruled that she should be restored to her position as a Flight Nurse with the 446th as soon as is practicable.
However, it is likely that the Government may appeal this case again.
You can read copies of the 9th US Circuit Court?s decision, an amicus brief submitted by Lambda Legal, and the decision by Judge Leighton by clicking on the links below.
