Major, Air Force Reserve Flight Nurse, seeks reinstatement in trial

Lesbian maj. seeks reinstatement in trial

By Gene Johnson - The Associated Press
Posted : Monday Sep 13, 2010 6:16:34 EDT

SEATTLE — Opponents of the "don't ask, don't tell" policy against gays serving in the military are hoping for another major legal victory as a federal trial begins Monday over whether to reinstate a lesbian flight nurse discharged from the Air Force Reserve.

The trial comes just days after a federal judge in California declared "don't ask, don't tell" an unconstitutional violation of the due process and free speech rights of gays and lesbians. While the ruling does not affect the legal issues in the case of former Maj. Margaret Witt, gay rights activists think a victory — and her reinstatement — could help build momentum for repealing the policy.

"There's already political momentum to do something to repeal this unfair statute," said Aaron Caplan, a professor at Loyola Law School in Los Angeles who is on Witt's legal team. "Judicial opinions from multiple jurisdictions saying there's a constitutional problem with this ought to encourage Congress to act more swiftly."

Witt was a member of a squadron based at McChord Air Force Base near Tacoma when she was suspended in 2004 and honorably discharged. She challenged the constitutionality of her dismissal, and a federal appeals court panel ruled in 2008 that the military could not discharge service members for being gay unless it proved that the firing furthered military readiness.
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Lesbian maj seeks reinstatement in trial