Judge orders reinstatement of lesbian Air Force nurse

September 25, 2010 at 12:00a.m.

Los Angeles Times

LOS ANGELES

The U.S. military violated the constitutional rights of a decorated Air Force Reserve flight nurse when it discharged her under the “don’t ask, don’t tell” ban on gays in the armed forces, a federal judge said Friday in ordering her reinstatement.

U.S. District Judge Ronald B. Leighton’s order applied only to Maj. Margaret Witt, but the judge in Tacoma, Wash., made clear that a blanket policy of dismissing openly gay military personnel from the armed forces violated an appeals- court holding that such action was justified only if it advanced important military objectives.

Leighton cited Witt’s exemplary career and performance evaluations as evidence that the Air Force was unharmed by her sexual orientation. In fact, he noted, former colleagues had testified that it was her dismissal that proved disruptive of the aeromedical unit’s mission, not her homosexuality.

“The evidence produced at trial overwhelmingly supports the conclusion that the suspension and discharge of Margaret Witt did not significantly further the important government interest in advancing unit morale and cohesion,” Leighton said.

Witt and her attorneys heralded the ruling as a victory for the armed forces and the soldiers and sailors serving their country.

“Many people forget that the U.S. military is the most diverse work force in the world — we are extremely versed in adaptation,” said Witt, adding that she looked forward to rejoining her unit at McChord Air Force Base near Tacoma. “Thousands of men and women who are gay and lesbian honorably serve this country in our military.”