The Background
Major Margaret Witt was a highly decorated Air Force flight nurse. After 18 years in the military, she was discharged in 2004 based on allegations that she had a sexual relationship with another woman, a civilian with whom she was in a committed relationship.Major Witt was awarded an Air Medal and Air Force Commendation Medal for saving the life of a fellow soldier. Yet, less than a year after her recognition, she was told she was being investigated because of her relationship with another woman. She was told she would need to leave the service immediately, she would not be paid and was not to report to any further duty.
The Court's Decision
Witt decided to challenge the decision. And on May 22, 2008, the 9th Circuit Court of Appeals ruled that Witt be re-instated. The court further ruled that the Air Force needs to prove that dismissing her was necessary for the military’s goals of troop readiness and unit cohesion.The ruling does not overturn “Don’t Ask, Don’t Tell,” but experts say it is a step in the right direction. According to a report from Gay.com, a staff attorney from the American Civil Liberties Union stated that military officers “need to prove that having this particular gay person in the unit really hurts morale, and the only way to improve morale is to discharge this person.”
"I am thrilled by the court's recognition that I can't be discharged without proving that I was harmful to morale," Witt said in a statement. "I am proud of my career and want to continue doing my job. Wounded people never asked me about my sexual orientation. They were just glad to see me there."
Sources: Seattlepi.com, Gay.com, Lambda Legal
