Maj. Margaret Witt’s Lawsuit Reinstated

Maj. Margaret Witt, a flight nurse at McChord Air Force Base, near Tacoma, Wash., who served in the Air Force for nearly two decades, and received several medals for, among other things, saving soldiers in the Middle East.

In 2004, the Air Force suspended her without pay after receiving a tip that she’d been in a longterm relationship with a civilian woman.

Maj. Margaret Witt Witt was honorably discharged last year, after having put in 18 years - two short of what she needed to receive retirement benefits.

On Wednesday May 21st, three judges from the 9th U.S. Circuit Court of Appeals did not strike down “Don’t Ask, Don’t Tell” but they reinstated Maj. Margaret Witt’s lawsuit, saying the Air Force must prove that her dismissal furthered the military’s goals of troop readiness and unit cohesion.

The “don’t ask, don’t tell, don’t pursue, don’t harass” policy prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or engaging in homosexual activity.

“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.”

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