(CNN) -- 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.
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.
In 2006, Leighton had ruled against Witt, but a federal appeals court had ordered him to take another look at the case.
A six-day federal trial had wrapped up earlier this week, and Leighton had openly indicated he would likely rule in Witt's favor.
"My colleagues -- my friends -- said, 'Ron, you got it wrong,"' Leighton said near the end of the trial, referring to his earlier decision. "They told me what I needed to do, what I needed to ask."
The judge is a 2002 Bush appointee.
Witt's lawyers from the ACLU argued that the Spokane native's sexuality never led to any problems within her unit. Several members of her squadron had testified they would welcome her back.
"Today we heard the hammer of justice strike for Major Margaret Witt," said ACLU of Washington Executive Director Kathleen Taylor. "We look forward to the day when all members of our military can serve our country without invidious discrimination. To discharge her simply because of her sexual orientation was entirely unfair to her and unwise for the military, which needs her significant skills."
Witt was released just before she was set to retire with full benefits. The judge rejected a separate argument from Witt that her procedural due process rights were violated. Leighton said the Air Force gave her full notice of the charges against her and she was given the opportunity to challenge the charges.
Air Force lawyers argued the military -- not the courts -- was in the best position to evaluate and enforce the "don't ask, don't tell" policy. A federal judge in California earlier this month had similarly ruled the policy unconstitutional. That judge will soon rule on whether the Pentagon will be barred from enforcing it.
President Barack Obama is pushing for a repeal of the controversial policy. A bill that would overturn the measure after a Pentagon review is completed in December is currently before Congress.
More than 12,500 gays have been booted from the military since "don't ask, don't tell" went into effect.
If Congress and the administration can't cut it, then it's good to see the judges take some action on the matter.
To be honest she might get discharged anyways. Adultery is a discharge worthy offence as well and frankly alot more important then any question of whose the other person's gender was. The military does tend to let it slide if you sleep with a civilian's wife *cough* spouse, excuse me, sometimes. If you sleep with another military member's spouse or someone in your own unit, all hell comes down on you and frankly it has to.
I know some folks will snicker and look at this as a 19th century hold over but you're not thinking it through if you do. This is a pretty brutal thing to do to someone and it stirs up all sorts of emotions, you can talk until the cows come home about what it shouldn't stir up, but the blunt matter of the fact is it does. And are these people, whose powerful emotions you're stirring up? Are armed and trained to kill. Military society should not, does not and can not run on civilian society rules, it has to be stricter.
"it takes two sides to end a war but only one to start one. And those who do not have swords may still die upon them." Tolken
See, that point I can agree with. Her being gay or not doesn't matter - but if she fucked with unit cohesion by fucking someone's wife, then she has placed her own momentary happiness above the efficacy of her unit, and she therefore needs to go.
"Before you diagnose yourself with depression or low self-esteem, make sure that you are not, in fact, just surrounded by assholes."
- William Gibson
Josh wrote:What? There's nothing weird about having a pet housefly. He smuggles cigarettes for me.
Umm, where does it say that she was sleeping with someone else's wife? Is it in some other article? It looks like she just had a relationship with some civilian, and I didn't think the military banned personnel from having girlfriends/boyfriends instead of being married.
Mayabird wrote:Umm, where does it say that she was sleeping with someone else's wife? Is it in some other article? It looks like she just had a relationship with some civilian, and I didn't think the military banned personnel from having girlfriends/boyfriends instead of being married.
I went back and re-read the article just now, due to your comment. It noted that she "had had a six year relationship with a civilian woman," but nothing else about that civilian woman.
Because I felt foolish, I checked a few more articles, but did not see anything else related to the civilian woman she was seeing being in any way involved with another member of her unit.
If I missed one, I'll be glad to read it.
"Before you diagnose yourself with depression or low self-esteem, make sure that you are not, in fact, just surrounded by assholes."
- William Gibson
Josh wrote:What? There's nothing weird about having a pet housefly. He smuggles cigarettes for me.
Sorry Amy, I had read a different article Post Gazette
Ms. Witt joined the Air Force in 1987 and moved from active duty to the reserves in 1995. She began an affair with a married woman in 2003, and the woman's husband informed the military a year later that Ms. Witt was a lesbian. She was discharged in 2007.
Which makes sense, something tells me she didn't go running to her superiors and tell'em herself. Although from I hear, being reported by an angry ex is what usually happens.
Either way, the sex of the person she was sleeping with is extremely unimportant, martial status on the other hand... If they were both civilians odds are despite it being a breach of the UCMJ it'll be ignored (especially now). Most military commands don't really care if you sleep with a civilian's wife/husband, as long as it doesn't blow back on the unit. Hypocritial if you ask me, but then these guys have fucking wars to win and it's not like greater society really cares that much outside of the people effected.
"it takes two sides to end a war but only one to start one. And those who do not have swords may still die upon them." Tolken
Alright, so it wasn't a civilian woman married to someone else in her unit, but from the outside. That does change a few things.
As you put it, soldier-based extra-marital affairs are probably not all that uncommon - but it seems like the DADT factor in this case made it high profile.
I can't really give props to nailing someone else's wife, but at least it wasn't the wife of someone in or related to her unit.
"Before you diagnose yourself with depression or low self-esteem, make sure that you are not, in fact, just surrounded by assholes."
- William Gibson
Josh wrote:What? There's nothing weird about having a pet housefly. He smuggles cigarettes for me.
They're not all that common either, the average age of a trooper is 22. Most 22 year olds don't socialize with that many married couples in their age range. Also it doesn't say what her husband was. So the answer is unknown but unlikely.
"it takes two sides to end a war but only one to start one. And those who do not have swords may still die upon them." Tolken
Ah. Well, if she was committing adultery I suddenly have less sympathy for her than before.
Still, the precedent that this case sets is a favorable one, because the grounds for the judge striking the discharge down had to do with DADT, not adultery.
