Air Force: Not So Fast on Lesbian Reinstatement

The Air Force said Wednesday it hasn't made a decision on whether to try to keep a lesbian flight nurse from being reinstated while it appeals a judge's ruling to return her to her old job.

U.S. District Judge Ronald Leighton in Tacoma ruled two months ago that former Maj. Margaret Witt's firing under "don't ask, don't tell" violated her rights, and he ordered that she be given her job back as soon as she put in enough nursing hours to meet qualifications for the position.

DOJ Appeals Lesbian's Reinstatement to Air Force
"Don't Ask, Don't Tell" Injunction up to Judge

The Justice Department appealed that ruling Tuesday. But government lawyers did not seek a stay that would put the judge's order on hold.

Witt's lawyers celebrated the DOJ's decision, saying it meant she could be reinstated even as the appeal proceeds.

But the Air Force issued a statement Wednesday making clear that if Witt meets her nursing qualifications, military officials and the Justice Department will reconsider whether to seek a stay.

"To date, she has provided the Air Force no evidence that she meets the qualifications necessary to serve as an Air Force flight nurse, nor has she passed a medical physical which is also a prerequisite to her reinstatement," said the statement released by Lt. Col. Karen A. Platt.

Witt's lawyers with the American Civil Liberties Union of Washington said they'd fight any effort to keep their client from resuming her duties during the appeal. They noted that the judge found that her dismissal advanced no legitimate military interest, and to the contrary actually hurt morale in her unit at Joint Base Lewis-McChord.

"We do not foresee a problem in Maj. Witt getting reinstated," ACLU spokesman Doug Honig said. "We will present the Air Force with evidence showing she meets the nursing hours requirements and she will pass the physical."

The physical is a fitness test, rather than a medical exam, Honig said.

Witt was suspended in 2004 and subsequently discharged after the Air Force learned she had been in a long-term relationship with a civilian woman.

If Witt is reinstated, she would be serving openly at a time when the military's policy on gays is in disarray. President Obama and Defense Secretary Robert Gates want to end the ban, but say it should be done through Congress, not the courts.

A federal judge in California has declared the 1993 "don't ask, don't tell" law unconstitutional — a ruling the DOJ is also appealing. In the meantime, the Pentagon has implemented new guidelines that have drastically cut the number of gays being dismissed under the policy.

The Pentagon plans to release a monthslong study Nov. 30 on how lifting the gay service ban would affect the armed forces.

"Don't ask" prohibits the military from asking about the sexual orientation of service members but allows the discharge of those who acknowledge being gay or are discovered to be engaging in homosexual activity.

[zouavepa]

Come on Jill - answer the question and quit throwing out slogans. All of her defenders never answer the key question.

[VA_Jill]

Oh, come on, Air Force..she's not after your junk! Her relationships should be none of your business.

[zouavepa]

Hey Jill - read the UCMJ Articles and her case summary - conduct violates the law. I suppose you don't have a problem with people who lie and cheat?

[zouavepa]

OK people - here are the facts and allegations (and it is not about her sexual orientation):

1 - Maj Witt made a false offical statement when she came into the service by signing enlistment papers saying she was not gay in violation of Article 88 UCMJ

2. -Maj Witt entered into an innapproprate relationship with a married woman (wife of another service member) while serving as a commissioned Officer in violation of Article 134 UCMJ

I hope she passes the PT test and can reenter service where an IG investigation or Article 32 hearing will convene to clear her "good name" or send her to NJP and put this to an end.

[samXXkiley]

coucou,

Dans ce cas "Margaret Witt" prendra son mal en patience, elle attendra la sortie de l'?tude et les d?cisions qui s'en suivront .
En tous les cas, la "pudeur" et "Margaret Witt" font deux.
quel culot.
au revoir

[brsinai]

Not sure why special treatment is being given to people for how they prefer to have sex. I understand now race and ethnicity may need protection, but how one prefers to have sex is a personal issue. Keeping it to yourself is appropriate, especially in close environments like the military can be at times.

[longtree-2009]

if the dadt policy is repealed, then all those currently in the military who don't want to serve with lgbt types should be allowed to take an immediate honorable discharge because they didn't volunteer to serve with them. if you are absolutely straight, then don't volunteer for military service or choose the military as a career. it's all very simple, really.

[shazbat34]

It is only simple to the simle minded.

[Cyber998]

I can never understand elements of the right-wing. Half the time they want government out of people's lives, then the other half of the time they want government to regulate many of the most intimate parts of peoples lives, like who they are in bed with.

Surely if there's something the government have no business in, it's what people get upto in their bedroom. We call ourselves the "land of the free", but compared to many countries we have far less freedom in areas like this, with government rules and regulations concerning who people can sleep with and marry - and forbidding employment based purely on these pettiest of issues.

[factsplease1]

You are totally right on!!! I too constantly wonder how they can talk out of both sides of their mouths!!

[emrobin]

Let the woman serve. DADT serves no purpose other than to keep good people from joining and kicking out other good personnel like this Major. The fact is there are plenty of lesbians serving now. I knew of four at my last duty station before retiring in September. Of course they don't tell you, but it's no secret they are. Enough is enough. Let these folks serve their country.

USAF MSgt (retired)

[GTR5]

I totally agree with you. Gays and lesbiens have always served in the military to support our country and many have died in combat and many have served with distinction and honor. They are U.S. citizens as well.
BTW emrobin, I am also a USAF MSgt (retired)

[lirocky]

She broke the law as it was written at the time. The punishment should stand. She knew what she was doing was against military policy. Don't let her back in. If the law ends up getting changed then so be it but in her case, she broke it.

[usedtobeadancer]

How was this woman a threat to her unit? How did she affect the morale of her unit? How did she do her job? Was she a threat to anyone else, if so why wasn't she brought up on charges? This woman is going to used as the scape goat for the military trying to JUSTIFY their reasoning. I wish her well and hope she did not have to brag about her sexual orientation to prove something. That is not what the military is all about. It is about the unit, not the individual. This IS NOT the FIRST time this has happened!