LiberalNation
05-22-2008, 08:07 AM
Interesting ruling. Seems to me discharging a person who had served with distinction for 18 years and in a field where they're short on people and pissing off her collegues so that one even resigns in protest would be worse for moral then letting that person finish their 2 years and retire.
http://news.yahoo.com/s/ap/20080522/ap_on_re_us/military_gays;_ylt=AqlzP1NSgvtrFzmWkE2eocJvzwcF
Under the latest ruling, military officials "need to prove that having this particular gay person in the unit really hurts morale, and the only way to improve morale is to discharge this person," said Aaron Caplan, a staff attorney with the American Civil Liberties Union of Washington state who worked on the case.
Witt, a flight nurse based at McChord Air Force Base near Tacoma, was suspended without pay in 2004 after the Air Force received a tip that she had been in a long-term relationship with a civilian woman. Witt was honorably discharged in October 2007 after having put in 18 years — two short of what she needed to receive retirement benefits.
She sued the Air Force in 2006, but U.S. District Judge Ronald B. Leighton dismissed her claims, saying the Supreme Court's ruling in Lawrence v. Texas did not change the legality of "don't ask, don't tell."
The appeals court judges disagreed.
"When the government attempts to intrude upon the personal and private lives of homosexuals, the government must advance an important governmental interest ... and the intrusion must be necessary to further that interest," Judge Ronald M. Gould wrote.
Witt joined the Air Force in 1987 and switched from active duty to the reserves in 1995. She cared for injured patients on military flights and in operating rooms. She was promoted to major in 1999, and she deployed to Oman in 2003 in support of the U.S. invasion of Afghanistan.
A citation from President Bush that year said, "Her airmanship and courage directly contributed to the successful accomplishment of important missions under extremely hazardous conditions."
Her suspension and discharge came during a shortage of flight nurses and outraged many of her colleagues — one of whom, a sergeant, retired in protest.
"I am thrilled by the court's recognition that I can't be discharged without proving that I was harmful to morale," Witt said in a statement. "I am proud of my career and want to continue doing my job. Wounded people never asked me about my sexual orientation. They were just glad to see me there."
http://news.yahoo.com/s/ap/20080522/ap_on_re_us/military_gays;_ylt=AqlzP1NSgvtrFzmWkE2eocJvzwcF
Under the latest ruling, military officials "need to prove that having this particular gay person in the unit really hurts morale, and the only way to improve morale is to discharge this person," said Aaron Caplan, a staff attorney with the American Civil Liberties Union of Washington state who worked on the case.
Witt, a flight nurse based at McChord Air Force Base near Tacoma, was suspended without pay in 2004 after the Air Force received a tip that she had been in a long-term relationship with a civilian woman. Witt was honorably discharged in October 2007 after having put in 18 years — two short of what she needed to receive retirement benefits.
She sued the Air Force in 2006, but U.S. District Judge Ronald B. Leighton dismissed her claims, saying the Supreme Court's ruling in Lawrence v. Texas did not change the legality of "don't ask, don't tell."
The appeals court judges disagreed.
"When the government attempts to intrude upon the personal and private lives of homosexuals, the government must advance an important governmental interest ... and the intrusion must be necessary to further that interest," Judge Ronald M. Gould wrote.
Witt joined the Air Force in 1987 and switched from active duty to the reserves in 1995. She cared for injured patients on military flights and in operating rooms. She was promoted to major in 1999, and she deployed to Oman in 2003 in support of the U.S. invasion of Afghanistan.
A citation from President Bush that year said, "Her airmanship and courage directly contributed to the successful accomplishment of important missions under extremely hazardous conditions."
Her suspension and discharge came during a shortage of flight nurses and outraged many of her colleagues — one of whom, a sergeant, retired in protest.
"I am thrilled by the court's recognition that I can't be discharged without proving that I was harmful to morale," Witt said in a statement. "I am proud of my career and want to continue doing my job. Wounded people never asked me about my sexual orientation. They were just glad to see me there."