Motion on lesbian maj.’s lawsuit denied

[unhappycamper]

Motion on lesbian maj.’s lawsuit denied
Staff and wire reports
Posted : Thursday Dec 4, 2008 21:46:13 EST

A federal appeals court that revived a lawsuit against “don’t ask, don’t tell” has denied an Air Force motion to reconsider its decision.

The lawsuit was brought by Maj. Margaret Witt, a former Air Force nurse from Spokane, who was suspended from duty after a military board found she had practiced and declared her homosexuality. She was honorably discharged in October 2007.

The U.S. District Court for Western Washington tossed out a 2006 lawsuit challenging her suspension as a violation of her rights under the Constitution’s “equal protection” clause. She appealed to the Ninth U.S. Circuit Court of Appeals, which ruled in May that the military cannot dismiss service members just because they are gay, but must prove that their homosexuality harms unit cohesion.


Article at: http://www.airforcetimes.com/news/2008/12/airforce_lesbianmajor_120408/