Trial opens for Tacoma lesbian seeking return to military

[foxfeet]

By Associated Press and KYLE MOORE / KING 5 News
TACOMA, Wash. -- An attorney for a lesbian flight nurse discharged from the Air Force Reserve says her sexual orientation never caused problems in her unit. Former Maj. Margaret Witt is suing the Air Force in federal court in Tacoma, seeking reinstatement following her "don't ask-don't tell" dismissal. Witt was discharged in 2007 after serving for 19 years -- less than a year short of receiving her pension. A federal appeals court ruled in Witt's case that the military may not discharge service members for being gay unless it proves that the firing furthers military readiness. The trial is expected to determine whether Witt's firing met that standard. In an opening statement Monday, American Civil Liberties Union of Washington lawyer Sarah Dunne said Witt was highly respected, and her dismissal -- not her orientation -- caused morale problems in her unit. Justice Department attorney Peter Phipps responded that Witt's firing did not violate her rights. The Justice Department also argues that Witt's sexual orientation adversely affected the cohesion and morale of her unit. "The fact that she was a lesbian was in no way detrimental to the units cohesion or morale" says ACLU's Doug Honig. "In fact, what did hurt the morale is when she was dismissed."

Witt challenged the constitutionality of her dismissal, and a federal appeals court panel ruled in 2008 that the military could not discharge service members for being gay unless it proved that the firing furthered military readiness.
Full article: http://www.msnbc.msn.com/id/39153936