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TACOMA, Wash. – A federal judge ruled Friday that a decorated flight nurse discharged from the Air Force for being gay should be given her job back as soon as possible in the latest legal setback to the military's "don't ask, don't tell" policy.The decision by U.S. District Judge Ronald Leighton came in a closely watched case as a tense debate has been playing out over the policy. Senate Republicans blocked an effort to lift the ban this week, but Leighton is now the second federal judge this month to deem the policy unconstitutional.
Quote:
Barring an appeal, Witt will now be able to serve despite being openly gay, and a federal judge in California earlier this month ruled the law unconstitutional and is considering whether to immediately halt the ban. While such an injunction would prevent openly gay service members from being discharged going forward, it wouldn't do anything for those who have already been dismissed. Witt's attorneys, led by the American Civil Liberties Union of Washington, say her case now provides a template for gays who have been previously discharged to seek reinstatement.
The most important statement I believe:
Quote:
"There is no evidence that wounded troops care about the sexual orientation of the flight nurse or medical technician tending to their wounds," Leighton ruled.
Judge orders lesbian reinstated to Air Force - Yahoo! News (http://news.yahoo.com/s/ap/us_gays_in_military - broken link)
You JUST beat me to posting this thread. I've been trying to find the actual ruling, because it's filled with great stuff, but so far I'm coming up empty.
YAY for one more victory for Civil Rights for ALL Americans!
[M]embers and former members of her unit, the 446th AES, [] testified persuasively that serving with Margaret Witt and other known or suspected gay and lesbian service members did not adversely affect unit morale and cohesion. To the contrary, it was Major Witt’s suspension and ultimate discharge that caused a loss of morale throughout the squadron.
The 446th AES is a highly professional, rapid response, air evacuation team. It is comprised of flight nurses and medical technicians who are well-trained, well-led and highly motivated. They provide a vital service to our fighting men and women around the world. Serving within that unit are known or suspected gay or lesbian service men and women. There is no evidence before this Court to suggest that their service within the unit causes problems of the type predicted in the Congressional findings of fact referenced above. These people train together, fly together, care for patients together, deploy together. There is nothing in the record before this Court suggesting that the sexual orientation (acknowledged or suspected) has negatively impacted the performance, dedication or enthusiasm of the 446th AES. There is no evidence that wounded troops care about the sexual orientation of the flight nurse or medical technician tending to their wounds.
For the reasons expressed, the Court concludes that DADT, when applied to Major Margaret Witt, does not further the government’s interest in promoting military readiness, unit morale and cohesion. If DADT does not significantly further an important government interest under prong two of the three-part test, it cannot be necessary to further that interest as required under prong three. Application of DADT therefore violates Major Witt’s substantive due process rights under the Fifth Amendment to the United States Constitution. She should be reinstated at the earliest possible moment.
Leighton had better be careful with that quote. Women have little to worry about. Men - that's another story. Right or wrong, there are going to be some who may be injured in their groin area that don't want someone of a certain orientation touching them there. Discharging is a rather brash resolution though.
And yet the Obama administration does nothing. Said they were right and the discharge was ok, AND they will appeal this decision. Obama is so pathetic. He dosen't want DADT gone.
What matters is that the judge voiced his opinion about the discrimination being wrong. That's the point. His opinion and suggestion may not be granted at the end of the day though. But, who cares. His opinion counts.
Quote:
Originally Posted by Wapasha
He can stomp his feet all he wants, he is powerless in this matter.
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