Yet another win for equality. A federal judge in Tacoma, Washington has ordered the United States Air Force to reinstate retired Maj. Margaret Witt, a highly skilled and decorated flight nurse who was discharged under "Don't Ask, Don't Tell."
The Seattle Times:
"The ruling by U.S. District Court Judge Ronald Leighton marks the first time since Congress approved the policy in 1993 that a federal judge has ordered the military to allow an openly gay service member to serve in the armed forces. 'Good flight nurses are hard to find,' said Leighton, who found that the evidence presented at the trial showed Witt's reinstatement '... would not adversely affect unit morale or cohesion' in her unit. Witt, after the ruling said, 'I can't wait to just do my job. Go back to my unit and do what I'm supposed to do.'"
U.S. District Judge Ronald B. Leighton was appointed by the conservative Republican President George W. Bush in 2002.
Maj. Margaret Witt joined the Air Force in 1987, served in the Persian Gulf and received multiple decorations. The Air Force used her photo in recruitment materials for more than a decade. Witt received a medal from President George W. Bush, commending her "outstanding medical care" to injured troops, reports The Advocate.
In July 2004, the Air Force Force suspended Witt under "Don't Ask, Don't Tell" policy after her commanders discovered she was in a lesbian relationship with a civilian. Witt was discharged in 2006 and the action "left her less than a year short of the 20-year service requirement" to obtain a full Air Force pension. In 2008, Witt's legal challenge to the 9th U.S. Circuit Court of Appeals resulted in a significant ruling that said the military should establish an important government interest in dismissing outed servicemembers.
Witt was represented by the ACLU. "We hope that they will just let this go because it’s clear, as the judge said, she’s a valued member of society," ACLU LGBT Project Director James Esseks told The Advocate. "The wounded soldiers she was helping didn’t care about her sexual orientation. If they do [appeal], I’m confident that this ruling will be affirmed by the appeals court."
The Witt decision marks this month's second federal court victory in the fight against "Don't Ask, Don't Tell." On September 9, U.S. District Court Judge Virginia A. Phillips ruled in the federal challenge brought by the Log Cabin Republicans and declared DADT is unconstitutional. The Obama Administration is expected to appeal.