Federal Court Reinstates Gay Military Nurse

A federal appeals court ruled Wednesday to reinstate Air Force flight nurse Major Margaret Witt who was dismissed in 2004 for being a homosexual.

However, the Ninth Circuit Court of Appeals let stand the military's "Don't ask, don't tell" policy.

Yet the court said the government may only "intrude upon the personal and private lives of homosexuals" for such purposes as improving morale and maintaining troop readiness.

Maj. Margaret Witt was discharged after nearly 20 years of service on grounds she had a six-year relationship with a civilian woman. The women kept their relationship private. The court's decision did not reveal how the Air Force found out.

But one of Witt's lawyers said, “Some citizen in Spokane called up and said there are these lesbian women living in a house here and one of them is in the Air Force and you should know that.”

After an investigation and military hearing Major Witt was discharged.

Major Witt filed a lawsuit challenging the “don’t ask, don’t tell” policy as a violation of the Constitution’s equal protection and due process clauses. The suit was first dismissed by a Federal District Court in Tacoma, Washington. Then on Wednesday the appeals court disagreed, reinstating much of Witt's suit and returned the case to the Washington court for further proceedings.

-Dippold

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