Judge orders Air Force to reinstate officer forced out by 'don't ask, don't tell'

A federal judge in Tacoma has ordered the Air Force to reinstate retired Maj. Margaret Witt, a skilled flight nurse, in a closely watched case involving the "don't ask, don't tell" policy on gays serving in the military.

The ruling by U.S. District Court Judge Ronald Leighton marks the first time since Congress approved the policy in 1993 that a federal judge has ordered the military to allow an openly gay service member to serve in the armed forces.

"Good flight nurses are hard to find," said Leighton, who found that the evidence presented at the trial showed Witt's reinstatement "... would not adversely affect unit morale or cohesion" in her unit.

"You have been and continue to be a central figure in a long-term, highly-charged civil rights movement,' said Leighton, speaking directly to Witt. "That role places extraordinary stresses on you, I know. 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."

Witt, after the ruling said, "I can't wait to just do my job. Go back to my unit and do what I'm supposed to do."

Witt, of Spokane, a flight nurse who joined the Air Force in 1987, was suspended in 2004 under the "don't ask, don't tell" policy after her commanders learned she was in a lesbian relationship with a civilian woman.

Her fight to be reinstated has attracted national attention as part of the broader battle about whether gays and lesbians will be allowed to serve openly in the military. Earlier this week — just hours after the conclusion of Witt's six-day trial — Republicans in the Senate blocked President Obama's efforts to push through a repeal of the 1993 "don't ask, don't tell" policy.

Opponents of the policy have waged a separate legal assault in federal courts. Earlier this month, they gained a victory when a California federal judge ruled that the policy was unconstitutional. The U.S. Justice Department is attempting to prevent the judge from issuing an injunction that would halt the ban on openly gay troops.

Witt was represented by the American Civil Liberties Union of Washington

In 2008, Witt's legal challenge resulted in a significant ruling from the 9th U.S. Circuit Court of Appeals saying the military should have to establish an important government interest — such as the preservation of unit morale, discipline and order — in making the decision to force someone from the military because of openly homosexual conduct.

During the trial, Witt's attorneys insisted she was well respected and liked by her colleagues and that her sexuality never caused problems in the unit.

They argued her firing actually hurt military goals such as morale, unit cohesion and troop readiness. Several members of the squadron testified that they would welcome Witt back to the unit.

Lawyers for the Air Force said those factors were irrelevant. Military personnel decisions can't be run by unit referendum, they said.

Hal Bernton: 206-464-2581 or hbernton@seattletimes.com

Material from the Associated Press was used in this report.