Judge Orders Reinstatement of Gay Officer

Hal Bernton, Seattle Times September 24, 2010

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Originally published September 24, 2010 at 2:24 PM | Page modified September 25, 2010 at 9:38 AM

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Judge orders Air Force to reinstate officer forced out by 'don't ask, don't tell'

A federal judge in Tacoma has ordered the Air Force to reinstate retired Maj. Margaret Witt, a skilled flight nurse, in a closely watched case involving the "don't ask, don't tell" policy on gays serving in the military.

By Hal Bernton

Seattle Times staff reporter

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ALAN BERNER / THE SEATTLE TIMES

Flight nurse Margaret Witt rejoices with partner Laurie McChesney, left, after Friday's ruling.

ALAN BERNER / THE SEATTLE TIMES

Supporters of Margaret Witt, center, smile with her Friday while leaving the federal courthouse in Tacoma. They included, from left, her father, Frank; partner Laurie McChesney; and nieces Turi and Anikka Abbott.

document.getElementById('stBackgroundLabel').style.display = 'block'; Leighton an active Republican, judicial nominee of both Bushes Gallery | Witt Verdict

Statement from Judge Leighton after the Margaret Witt trial

After ruling that retired Major Margaret Witt, a lesbian Air Force Reserve officer, should be reinstated to her unit, U.S. District Court Judge Ronald Leighton on Friday made the following comments from the bench:

Major Witt, you and I are unlikely to see one another again, in this context, anyway. I'd like to make a couple of points before you go:

1) I hope you will request reinstatement with the Air Force Reserves and the 446th [her unit]. You will provide the best evidence that open service of gays and lesbians will have no adverse effect on cohesion, morale or readiness in this or perhaps any Air Force or military unit.

2) You have been and continue to be a central figure in a long-term, highly charged civil-rights movement. That role places extraordinary stresses on you, I know. Today, you have won a victory in that struggle, the depth and duration of which will be determined by other judicial officers and, hopefully soon, the political branches of government. You said something in the trial that resonated with me. You said the best thing to come out of all this turmoil is the reaction of your parents when you told them of your sexual orientation: their love and support for you.

Not withstanding the victory you obtained here today, for yourself and for others, I would submit to you that the best thing to come out of all this tumult is still that love and support you have received from your family. You are truly blessed as a family and I am sure they will see you through whatever obstacles and difficulties you may encounter along the road ahead.

The ruling by U.S. District Court Judge Ronald Leighton marks the first time since Congress approved the policy in 1993 that a federal judge has ordered the military to allow an openly gay service member to serve in the armed forces.

"Good flight nurses are hard to find," said Leighton, who found that the evidence presented at the trial showed Witt's reinstatement "... would not adversely affect unit morale or cohesion" in her unit.

"You have been and continue to be a central figure in a long-term, highly-charged civil rights movement,' said Leighton, speaking directly to Witt. "That role places extraordinary stresses on you, I know. Today, you have won a victory in that struggle, the depth and duration of which will be determined by other judicial officers and hopefully soon, the political branches of government."

Witt, after the ruling said, "I can't wait to just do my job. Go back to my unit and do what I'm supposed to do."

Witt, of Spokane, a flight nurse who joined the Air Force in 1987, was suspended in 2004 under the "don't ask, don't tell" policy after her commanders learned she was in a lesbian relationship with a civilian woman.

Her fight to be reinstated has attracted national attention as part of the broader battle about whether gays and lesbians will be allowed to serve openly in the military. Earlier this week — just hours after the conclusion of Witt's six-day trial — Republicans in the Senate blocked President Obama's efforts to push through a repeal of the 1993 "don't ask, don't tell" policy.

Opponents of the policy have waged a separate legal assault in federal courts. Earlier this month, they gained a victory when a California federal judge ruled that the policy was unconstitutional. The U.S. Justice Department is attempting to prevent the judge from issuing an injunction that would halt the ban on openly gay troops.

Witt was represented by the American Civil Liberties Union of Washington

In 2008, Witt's legal challenge resulted in a significant ruling from the 9th U.S. Circuit Court of Appeals saying the military should have to establish an important government interest — such as the preservation of unit morale, discipline and order — in making the decision to force someone from the military because of openly homosexual conduct.

During the trial, Witt's attorneys insisted she was well respected and liked by her colleagues and that her sexuality never caused problems in the unit.

They argued her firing actually hurt military goals such as morale, unit cohesion and troop readiness. Several members of the squadron testified that they would welcome Witt back to the unit.

Lawyers for the Air Force said those factors were irrelevant. Military personnel decisions can't be run by unit referendum, they said.

Hal Bernton: 206-464-2581 or hbernton@seattletimes.com

Material from the Associated Press was used in this report.

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Comments (433) Hide comments / Show comments How great for her!!!!How great for the Air Force!!!How great for our Country!!!!CONGRATULATIONS Maj. Margie Witt and thank you so much... Posted on September 24, 2010 at 2:34 PM by marinevet. Jump to comment You might want to do your homework Roland1903!Leighton was nominated by President George W. Bush on January 23, 2002 to a seat vacated by... Posted on September 24, 2010 at 2:56 PM by JasD. Jump to comment Justice served!!!Back to duty, Major Witt!Thank you for your ongoing service. Posted on September 24, 2010 at 2:36 PM by martila. Jump to comment Read all comments / Share your thoughts

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Lawyers for the Air Force said those factors were irrelevant. Military personnel decisions can't be run by unit referendum, they said.

Hal Bernton: 206-464-2581 or hbernton@seattletimes.com

Material from the Associated Press was used in this report.

What's this?

E-mail article Print view Share

West Seattle survivors relive terror, struggle to understand

Judge orders Air Force to reinstate officer forced out by 'don't ask, don't tell'

McGinn demands Conlin rescind tunnel signature

Dems try to deflect voter anger toward Wall Street

Man convicted 59th time, gets 48 years in prison

More Local News headlines...

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Judge Orders Reinstatement of Gay Officer

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