 |
Gay
Military Suit Dismissed
by
365Gay.com July 26, 2006
|
| |
|
Seattle, Washington -- A
lesbian colonel, dismissed from the military because of "Don't Ask, Don't Tell"
has lost her bid for reinstatement in the Air Force Reserve.
A federal judge on Wednesday dismissed a lawsuit by Maj. Margaret Witt.
Witt, 42, of Spokane, had asked U.S. District Judge Ronald B. Leighton to
reinstate her, to find DADT unconstitutional. Her ACLU lawyers argued that
the U.S. Supreme Court ruling striking down a Texas anti-sodomy law prevented
the military from using private consensual acts between two people of the same
sex as grounds for dismissal.
Leighton ruled that the sodomy ruling had no bearing on the military.
"This court is not unsympathetic to the situation in which Major Witt currently
finds herself," Leighton said in his written ruling.
"Within the military context, she did not draw attention to her sexual
orientation, and her colleagues value her contribution to their unit and
apparently want her back. She has served her country faithfully and with
distinction."
"[But] Don't Ask, Don't Tell represents a rational response to a legitimate
government concern [for unit cohesion]."
Witt joined the Air Force in 1986. She served in the Persian Gulf and in
2003 was awarded an Air Force Commendation Medal for her action in saving the
life of a Department of Defense employee who had collapsed aboard a
government-chartered flight from Bahrain.
In 1993, she was selected to be the “poster child” for the Air Force Nurse Corps
recruitment flyer.
Most recently she was a flight nurse and operating room nurse assigned to
McChord Air Force Base near Tacoma, Washington.
But after commanders received an anonymous tip in 2004 that she is a lesbian and
in a long-term relationship the military began an investigation that led to her
discharge under the military's ban on gays serving openly.
In November 2004, Major Witt was placed on unpaid leave and told she could no
longer participate in any military duties, pending formal separation
proceedings. In March 2006, the Air Force informed Major Witt that she was
being administratively discharged on grounds of homosexual conduct.
The ACLU said it would likely appeal the ruling.
Earlier this month a petty officer who joined a New York City demonstration in
support of same-sex marriage was told she is being thrown out of the military.
The Department of Defense has discharged more than 11,000 service members since
1993 under the “Don’t Ask, Don’t Tell” ban. According to the Government
Accountability Office (GAO), more than 800 of those service members were trained
in skills deemed ‘mission-critical’ by the Pentagon.
Last month the military was forced to apologize when it was revealed that a a
Pentagon document listing various "disorders" included the reference to
homosexuality decades after mental health experts abandoned that position.
A bi-partisan coalition in Congress now supports legislation to repeal the
“Don’t Ask, Don’t Tell” law. The Military Readiness Enhancement Act (H.R.
1059), introduced in March 2005 by Congressman Marty Meehan (D-MA) now has about
120 supporters, including five Republican lawmakers. Meehan’s legislation
would repeal the military’s ban and allow lesbian, gay and bisexual personnel to
serve openly in the armed forces.
|
