Latest News
12-05-08
FOR IMMEDIATE RELEASE
December 5, 2008
CONTACT: Paul DeMiglio
(202) 621-5408/pdemiglio@sldn.org
Servicemembers Legal Defense Network Pleased Major Witt will have Day in Court
WASHINGTON, D.C. - The U.S. Court of Appeals for the Ninth Circuit ruled December 4 that it would not reconsider a prior ruling that raised constitutional doubts about the application of "Don't Ask, Don't Tell," the federal statute banning open service in the military based on sexual orientation. In its ruling, the federal appeals court denied the Air Force's bid for a rehearing of a May 21 decision reviving a suit by Major Margaret Witt in Washington State who was discharged because she is a lesbian.
"The Circuit Court's ruling is a victory for Major Witt, and we are pleased that she will have her day in court," said Servicemembers Legal Defense Network (SLDN) Executive Director Aubrey Sarvis.
The three-judge panel in the May 21 decision overturned a district court decision in Witt v. United States Air Force, a case challenging the constitutionality of "Don't Ask, Don't Tell." The decision marked the first time a federal appellate court found that the military must meet a heightened standard when infringing on a service member's right to privacy in relation to sexual orientation.
SLDN filed an amicus brief in support of Major Witt's right to continue serving, specifically calling into question the Air Force's arguments about the necessity for such a ban.
Major Witt was discharged from the Air Force in 2003 after her commanders discovered she is a lesbian. Her separation from the Air Force came two years shy of her retirement and brought an end to her 18-year career as an operating room and flight nurse.
Servicemembers Legal Defense Network is a national, non-profit legal services, watchdog and policy organization dedicated to ending discrimination against and harassment of military personnel affected by "Don't Ask, Don't Tell" and related forms of intolerance. A "Guide to ‘Don't Ask, Don't Tell' " for journalists is by clicking here.
SLDN Pleased Major Witt will have Day in Court
FOR IMMEDIATE RELEASE
December 5, 2008
CONTACT: Paul DeMiglio
(202) 621-5408/pdemiglio@sldn.org
Servicemembers Legal Defense Network Pleased Major Witt will have Day in Court
WASHINGTON, D.C. - The U.S. Court of Appeals for the Ninth Circuit ruled December 4 that it would not reconsider a prior ruling that raised constitutional doubts about the application of "Don't Ask, Don't Tell," the federal statute banning open service in the military based on sexual orientation. In its ruling, the federal appeals court denied the Air Force's bid for a rehearing of a May 21 decision reviving a suit by Major Margaret Witt in Washington State who was discharged because she is a lesbian.
"The Circuit Court's ruling is a victory for Major Witt, and we are pleased that she will have her day in court," said Servicemembers Legal Defense Network (SLDN) Executive Director Aubrey Sarvis.
The three-judge panel in the May 21 decision overturned a district court decision in Witt v. United States Air Force, a case challenging the constitutionality of "Don't Ask, Don't Tell." The decision marked the first time a federal appellate court found that the military must meet a heightened standard when infringing on a service member's right to privacy in relation to sexual orientation.
SLDN filed an amicus brief in support of Major Witt's right to continue serving, specifically calling into question the Air Force's arguments about the necessity for such a ban.
Major Witt was discharged from the Air Force in 2003 after her commanders discovered she is a lesbian. Her separation from the Air Force came two years shy of her retirement and brought an end to her 18-year career as an operating room and flight nurse.
Servicemembers Legal Defense Network is a national, non-profit legal services, watchdog and policy organization dedicated to ending discrimination against and harassment of military personnel affected by "Don't Ask, Don't Tell" and related forms of intolerance. A "Guide to ‘Don't Ask, Don't Tell' " for journalists is by clicking here.
