The 9th U.S. Circuit Court of Appeals has the opportunity to “out” the travesty that is the military’s thoroughly misguided “don’t ask, don’t tell” policy toward gays.
A lawyer for a highly decorated flight nurse who was fired for being gay asked the federal appeals court in early November to reinstate her lawsuit against the Air Force, saying her discharge violated her right to be free from governmental intrusion in her private life.
Maj. Margaret Witt, 42, spent 18 years as a McChord Air Force Base nurse, saving the lives of soldiers on medical-evaluation missions. She was twice decorated by President Bush.
In 2003, she was deployed to Oman in support of the U.S. invasion of Afghanistan. In 2004, an anonymous tipster told the Air Force that Witt was in a long-term relationship with a civilian woman.
Witt’s attorney, James Lobsenz asked the court to invalidate the 1994 “don’t ask, don’t tell policy,” or at least reinstate Witt’s lawsuit seeking to block her discharge. Witt was honorably discharged last month, two years short of what she needed to receive retirement benefits. The policy prohibits the military from asking about the sexual orientation of service members but requires the discharge of those who acknowledge being gay or engage in homosexual activity.
Lobsenz argued that the Supreme Court’s 2003 ruling striking down anti-sodomy laws in Texas recognized a “fundamental right” of consenting adults to be free from govermental intrusion into their private lives.
Witt at all times kept her sexual life private; the relationship with the civilian woman took place hundreds of miles from McChord Air Force Base, her station.
The Justice Department lawyer, on the other hand, argues that the government only has to show it has a rational reason for implementing the “don’t ask, don’t tell” policy. The “rational” reason? That having gays in the military could be disruptive, and/or a threat to unit morale and discipline.
However, there is absolutely no evidence to support this irrational contention — not even the government’s own research.
Witt’s firing outraged many of her colleagues, and one, a sergeant, retired in protest, illustrating that the policy is the actual threat to morale.
As a country, we cannot afford to lose talented and dedicated people, such as Witt, from our military.
The Army continues to lower its standards to meet recruitment goals, accepting greater numbers who lack high school diplomas, have not scored well on Army aptitude tests, or have been convicted of crimes.
The military needs to raise its standards by dumping “don’t ask, don’t tell.”
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