Federal Appeals Court Stands by ‘DADT’ Ruling in Margaret Witt Case

A San Francisco federal appeals court stood by its ruling to reinstate the case of Margaret Witt that was dismissed by a trial judge and challenged the military’s “Don’t Ask, Don’t Tell” policy. Witt had served as an Air Force reservist flight nurse for 20 years until she was ratted out by a citizen in her home town of Spokane who, according to her attorney, called the Air Force and told them she was living with her female partner there:

Witt“The 9th U.S. Circuit Court of Appeals declined to have an 11-judge panel review a ruling in which a three-judge panel in May allowed Maj. Margaret Witt to go ahead with a lawsuit in federal court in Seattle…She contends the discharge violated her constitutional right to due process…The circuit court’s action means the next step in the case is now either a return to U.S. District Court in Seattle for further proceedings or an appeal to the Supreme Court, if the U.S. Justice Department chooses to appeal. Justice Department spokesman Charles Miller said, ‘We’re considering our options’ and said no decision has been made on whether to appeal. The government has 90 days to file an appeal, and thus the decision on whether to do so could be made by the administration of either President Bush or President-Elect Obama. Miller said he did not know when the determination will be made.”

Previously
Federal Appeals Court Reinstates ‘Don’t Ask, Don’t Tell’ Lawsuit [tr]

Comments

  1. Michael Bedwell says

    Despite growing support for DADT repeal among retired military brass, President Obama will, like Pres. Clinton, get a rude awakening when he tries to make nice, as he’s indicated he will, with current Pentagon troglodytes to get their buy-in.

    The Antigay Industry considers maintaining the ban as important as Prop H8TE.

    I urge everyone to join SLDN, the Servicemembers Legal Defense Network to help them lobby for repeal and continue to help soldiers caught in its web until then.

    Also, write your US Senators and Congressperson to demand that they support repeal.

    Thank you.

    Michael Bedwell
    http://www.leonardmatlovich.com

  2. Bill says

    NO gay person should serve in the United States military. HATERosexuls in this country at every turn have taken away gay people rights and oppressed gay people. Gay people should not be fighting for HATERosexuals, it isn’t worth it.

  3. Eric says

    Hopefully this issue will get pushed strongly. I want to know what Obama thinks about this and what he will do about it. This ruling occurred close to the beginning of his administration, and he won’t be able to just ignore it.

    This will be the true test to see whether Obama will keep his campaign promises or if he just used us to get elected.

    I’m hoping he will keep his promises, but I doubt he will.

  4. John says

    I wouldn’t hold my breath. Obama will almost certainly appeal this decision. He’ll qualify it by saying he wants the Pentagon and Congress to decide the fate of DADT rather than judges. But the result of will be the same regardless.

  5. says

    There is no question that fairness and justice should prevail. However When we should be focusing on economy, jobs, war and all the other problems we have at hand, this is a very obsurd way of wasting everyone’s time. It’s time to move on, look forward and not constantly question this guys authenticity – not that he did not go through this enough times during his campaign.

  6. Chris says

    If DADT is repealled it gives that great argument of “he can (openly) fight and die for his country but can’t get married” — it worked for 18 year olds and the vote, it helped the civil rights movement, etc.

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