Excellent news from Seattle this morning! Yesterday the Ninth US Circuit Court of Appeals reinstated the lawsuit of Air Force Major Margaret Witt who was dismissed from the Air Force under Don’t ask, Don’t tell. Here’s the link to the complete article from the Seattle Post-Intelligencer:
Court: Military Can’t Automatically Discharge Gays
Here are some highlights:
Under Wednesday’s ruling, military officials “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,” said Aaron Caplan, a staff attorney with the American Civil Liberties Union of Washington state who worked on the case.
“When the government attempts to intrude upon the personal and private lives of homosexuals,” Judge Ronald M. Gould wrote, “the government must advance an important governmental interest, the intrusion must significantly further that interest, and the intrusion must be necessary to further that interest.”
One of the judges, William C. Canby Jr., issued a partial dissent, saying that the majority’s ruling didn’t go far enough. He argued that the Air Force should have to show that the “don’t ask, don’t tell” policy itself “is necessary to serve a compelling governmental interest and that it sweeps no more broadly than necessary.”
An Air Force spokeswoman said she had no comment on the decision, and directed inquiries to the Defense Department. Lt. Col. Todd Vician, a Defense spokesman, said he did not know specifics of the case and could not comment beyond noting that “the DOD policy simply enacts the law as set forth by Congress.”
Again, this is excellent news. I can see the light at the end of the tunnel even now.
Comments 1
Here’s a story about Maj. Witt’s case from the Air Force Times:
http://www.airforcetimes.com/news/2008/05/airforce_dontask_052208/
Posted 29 May 2008 at 5:05 pm ¶Trackbacks & Pingbacks 1
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