The case of an Air Force major discharged in 2007 as a lesbian – one that already has set a precedent – goes to court today in Tacoma, Wash.
For 17 years, Maj. Margaret Witt rose steadily through the Air Force and Air Force Reserves, winning plaudits from colleagues, strong performance reviews from superiors and service medals from the department. A flight nurse, she treated wounded troops during Desert Storm and was featured in Air Force promotional materials for years.
She was dismissed after the estranged husband of a woman she dated told the Air Force about her sexual orientation.
Witt sued, and, in what will be one of the most closely watched challenges to the law to date, she is scheduled to appear in federal court in Tacoma, Wash., on Monday to argue that the Air Force violated her rights and must reinstate her. The court appearance comes at a time of growing debate about the policy. On Thursday, a federal judge in California ruled that the don’t ask, don’t tell policy was unconstitutional.
Witt’s case has already set an important precedent. After a federal judge dismissed her lawsuit, the U.S. Court of Appeals for the 9th Circuit reinstated it, ruling in 2008 that the government had to meet a higher standard of scrutiny before intruding on her private life. The panel sent her case back to the District Court for trial.
If Witt prevails in District Court, she will become the first woman allowed to serve openly as a lesbian since don’t ask, don’t tell was enacted in 1993. The law, however, would continue to apply to other service members.