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Judge backs lesbian's job fight
Source: Agencies |
September 26, 2010, Sunday
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A federal judge has ruled that a decorated flight nurse discharged from the air force for being gay should be given her job back as soon as possible in the latest legal setback to the United States military's "don't ask, don't tell" policy.
The decision by US District Judge Ronald Leighton came in a closely watched case as a tense debate has been playing out over the policy. Senate Republicans blocked an effort to lift the ban this week, but Leighton is now the second federal judge this month to deem the policy unconstitutional.
Major Margaret Witt was suspended in 2004 and subsequently discharged under the "don't ask, don't tell" policy after the air force learned she had been in a long-term relationship with a civilian. She sued to get her job back.
Leighton hailed her as a "central figure in a long-term, highly charged civil rights movement." Tears streaked down Witt's cheeks and she hugged her parents, her partner and supporters following the ruling.
"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," the judge told her.
The ruling was the second legal victory this month for opponents of "don't ask, don't tell," and it throws the law into further disarray.
A federal judge in California earlier this month ruled the law unconstitutional and is considering whether to immediately halt the ban.
Barring an appeal, Witt will now be able to serve despite being openly gay.
The decision by US District Judge Ronald Leighton came in a closely watched case as a tense debate has been playing out over the policy. Senate Republicans blocked an effort to lift the ban this week, but Leighton is now the second federal judge this month to deem the policy unconstitutional.
Major Margaret Witt was suspended in 2004 and subsequently discharged under the "don't ask, don't tell" policy after the air force learned she had been in a long-term relationship with a civilian. She sued to get her job back.
Leighton hailed her as a "central figure in a long-term, highly charged civil rights movement." Tears streaked down Witt's cheeks and she hugged her parents, her partner and supporters following the ruling.
"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," the judge told her.
The ruling was the second legal victory this month for opponents of "don't ask, don't tell," and it throws the law into further disarray.
A federal judge in California earlier this month ruled the law unconstitutional and is considering whether to immediately halt the ban.
Barring an appeal, Witt will now be able to serve despite being openly gay.
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