Witt Wins! U.S. Settles Major DADT Case

Major Margaret Witt 

In a major victory for LGBT rights advocates, the federal government has declined to continue litigating the "Don't Ask, Don't Tell" case of Witt v. Department of the Air Force, settling the case with Major Margaret Witt and the American Civil Liberties Union of Washington state. Witt had won an important 9th U.S. Circuit Court of Appeals ruling in 2008 where the judges said that laws impacting sexual orientation should receive "heightened scrutiny" and that it was unlikely that DADT would survive such judicial review.

Today, Witt announced that she would retire from the Air Force, receiving full benefits, and that the government had agreed to expunge her discharge from her military records, thus ending the lawsuit.

Servicemembers'' Legal Defense Network (SLDN) hailed the result:

(Washington, D.C.) Today, Army Veteran and SLDN Executive Director Aubrey Sarvis released the following statement regarding the announcement that  Major Margaret Witt will receive full retirement, the government will drop its appeal of the federal court ruling in her favor, and the unlawful 2003 discharge under “Don’t Ask, Don’t Tell” will be removed from her military service record:  

“We congratulate Air Force Major Margaret Witt and her legal team on the stunning victory announced today.  Major Witt is a decorated veteran, discharged under ‘Don’t Ask, Don’t Tell’ after 18 years of sacrifice for our country as an operating room and flight nurse. Today’s events underscore once again the unjust nature of this discriminatory chapter in American history.  Her case established a new rule of law in the Ninth Circuit, and her voice and story were pivotal in building support for the repeal of ‘Don’t Ask, Don’t Tell.’ This is not just a victory for Major Witt – it’s a victory for justice and for service members everywhere.”

It should be interesting to see what impact setlling the Witt case has on the other major DADT case still pending in the 9th Circuit, Log Cabin Republicans v. United States which has as its focus the complete elimination of the DADT policy and establishment of non-discrimination procedures based on sexual orientation in the U.S. armed forces.