Appeals court reviewing firing of lesbian Air Force nurse

SEATTLE — A Justice Department lawyer has asked a federal appeals court panel in Seattle to uphold the "don't ask don't tell" policy in the case of Margaret Witt. She's an Air Force nurse forced out of her job because she's a lesbian.

Attorney Jonathan Cohn argued that gays in the armed forces could be disruptive.

The lawyer for Witt, James Lobsenz, says the law is unfair. He says a heterosexual child molester is allowed to challenge dismissal from the military but gays can be kicked out automatically.

Air Force Reserve Major Margaret Witt of Spokane is a 19-year veteran who had been assigned to a medical evacuation squadron at McChord Air Force Base.

She was suspended in 2004 after the Air Force received a tip that she had been in a long-term relationship with a civilian woman.