The Department of Justice late this afternoon appealed a September ruling ordering the Air Force to reinstate lesbian flight nurse Margaret Witt, who was suspended in 2004, and ultimately discharged under the 'Don't Ask, Don't Tell' policy.
"U.S. District Judge Ronald Leighton in Tacoma ruled in September that Maj. Margaret Witt's dismissal under the military's 'don't ask, don't tell' policy violated her rights. 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. She sued to get her job back. The Justice Department filed the appeal with the 9th U.S. Circuit Court of Appeals on Tuesday, the deadline for doing so. The government is also appealing a ruling from a federal judge in California that found the "don't ask, don't tell" policy unconstitutional."
The government, however, did not ask the court to stay the decision, suggesting that Witt may serve during the appeal.
White House Press Secretary Robert Gibbs released the following statement:
“Today, the Department of Justice filed a notice of appeal in a case involving a legal challenge to the Don’t Ask, Don’t Tell (DADT) policy, as the Department traditionally does when acts of Congress have been held unconstitutional. This filing in no way diminishes the President’s — and his Administration’s — firm commitment to achieving a legislative repeal of DADT this year. Indeed, it clearly shows why Congress must act to end this misguided policy. In recent weeks, the President and other Administration officials have been working with the Senate to move forward with the passage of the National Defense Authorization Act, including a repeal of DADT, during the lame duck.”