Latest News
Ninth Circuit Rules on “Don’t Ask, Don’t Tell” Appeal
The Ninth Circuit Court of Appeals for the United States yesterday overturned a district court decision in Witt v. United States Air Force, a case challenging the constitutionality of the “Don’t Ask, Don’t Tell” law banning lesbian, gay and bisexual Americans from military service. The decision marks the first time a federal appellate court has found that the military must meet a heightened standard when infringing on a gay service member’s right to privacy. The case has been remanded to the district court for further action.
“The Circuit Court’s ruling is a tremendous victory for Major Witt and her legal team. They deserve to be congratulated for their resolve in fighting for honesty in service. We are very pleased to see the court recognize the important role private lives and private relationships play in the lives of all of our men and women in uniform,” said Aubrey Sarvis, executive director of Servicemembers Legal Defense Network (SLDN), which filed an amicus brief in support of Major Witt’s right to continue serving, specifically calling into question the Air Force’s arguments about the necessity for such a ban.
In the majority decision written by Justice Ronald M. Gould, the Ninth Circuit held, “that Lawrence (v. Texas) requires something more than traditional rational basis review…” and also cited a decision by the Court of Appeals for the Armed Forces ruling that Lawrence v. Texas applies to the military and requires a “searching constitutional inquiry” when the military attempts to interfere in a service member’s intimate private life.
Major Margaret Witt was discharged from the Air Force in 2003 after her commanders discovered she is a lesbian. Her separation from the Air Force came two years shy of her retirement and brought an end to her 18 year career as an operating room and flight nurse. Witt was honored by President Bush in 2003 with the Air Medal for her Middle East deployment and that same year received the Air Force Commendation Medal for saving the life of a Defense Department worker.
“We are heartened by the court’s decision in Witt and hope the First Circuit Court of Appeals responds similarly in our case, Cook v Gates, currently pending before that court” said Sarvis. “Just like Major Witt, the Cook plaintiffs have asked for an opportunity to show that their private lives are not incompatible with military service. We hope that, at a minimum, the First Circuit decides that our case deserves to be reviewed under heightened scrutiny and the Cook plaintiffs’ are granted an opportunity to present their arguments at trial.”
For more information on Witt v United States Air Force or Cook v. Gates, including biographies of the Cook plaintiffs, visit www.sldn.org.
