Skip to comments.Judge Orders Lesbian Reinstated to Air Force
Posted on 09/24/2010 4:52:36 PM PDT by nickcarraway
A federal judge ruled Friday that a decorated flight nurse discharged from the Air Force for being gay should be given her job back as soon as possible in the latest legal setback to the military's "don't ask, don't tell" policy.
The decision by U.S. District Judge Ronald Leighton came in a closely watched case as a tense debate has been playing out over the policy. Senate Republicans blocked an effort to lift the ban this week, but two federal judges have ruled against the policy in recent weeks. Maj. Margaret Witt was discharged under the "don't ask, don't tell" policy and sued to get her job back.
A judge in 2006 rejected Witt's claims that the Air Force violated her rights when it fired her. An appeals court panel overruled him two years later, leaving it to Leighton to determine whether her firing met that standard.
(Excerpt) Read more at msnbc.msn.com ...
You know, why don’t we allow felons into the military too? Since the liberals want to destroy it. I’m sure some Mexican drug cartel members want to join as well.
Who needs to waste money on the likes of Congress when we have judges creating the law?
We need a judicial impeachment movement to restore our country to one functioning with the consent of the governed, but our politicians are too cowardly to act.
Time for impeachment and removal of this judge. The constitution does not give judges the right to write legislation.
All in good time. After all, it’s part of Obama’s plan to define military discipline down - in order to weaken the U.S.
Does she get back pay? What about promotions missed because of this? You know these questions are going to be asked....I am just getting the Air Force ready for these questions. They need to tell her to take a hike.
Absolutely. And term limits on SCOTUS.
So, was she good at her job? Did she behave appropriately toward her fellow servicewomen?
Just asking the questions neither side of this debate seems concerned about. On one side you have people who want to (ab)use the military as a platform to push a liberal social agenda. On the other, you have people who think being gay necessarily makes it impossible to control your sex drives and do your job. That’s the good thing about the principle behind Don’t Ask, Don’t Tell: patriotic gays get to serve in the military, but they don’t get to use it to shove their sexuality in the country’s face.
What I want to know is, why do so many gays have a problem with DADT if, as they claim, they simply want to serve their country without pushing homosexualist politics?
“We need a judicial impeachment movement to restore our country to one functioning with the consent of the governed, but our politicians are too cowardly to act.”
to quote a FReeper of recent posting:
“I do believe its coming”.
And my point;
“First we take Congress [Manhattan] then we take DC/NY/and Houston(throw in Boston too) [Berlin]” - paraphrase to “Everybody Knows” by Leonard Cohen.
This judge should be brought before a military tribunal and dealt with as appropriate.
I don’t understand, now that they know she is a lesbian
she would have to be automatically discharged. More
jurisprudential mumbo jumbo.
Perhaps the ban on open homosexuality in the military could be replaced with a ban on homosexual males and heterosexual females.
I was in the army ‘71-74. The Army was allowing recruits convicted of “minor” crimes...prostitution, for example, to enter the military rather than go to jail.
We had women in the barracks that were scary. Keep door locked, sleep with one eye open.... There were some choice specimens to be sure.
Because for many of them their homosexuality is the only thing that matters. Subsidiary to that is the desire to get their future HIV and AIDS problems permanently taken care of and paid for by the Military and the VA. Once DADT goes away HIV will become the military’s biggest problem and the way for the taxpayers to fund the homosexual lifestyle and its medical expensses.
Just do nothing...what is the judge going to do?
How many legions does this judge have to enforce his bs?
She must have done something very overt for her to be discharged or she tried to make a point and announced it.
Gays serve now, they keep their sex lives private, as it should be!
Besides, military service is not a right, it is a privilege!
Forget the payments for HIV, we are at war, lots of blood, not the most sterile of living conditions etc.
rememebr TX Sodom 6
I don’t even see where the Fed Court has jurisdiction in this matter. The Air Force has to do what the President says,but a lone district court judge ?
Gates and Mullen have "acted shamefully" on this issue, according to retired Air Force General (and current FOX News analyst) Tom McInerney.
The retired General basically called them political hacks who have given Obama political cover on an issue that everyone knows is blatant social engineering on the part of the homosexual lobby.
Gen Schwartz (and the other service chiefs) have shown remarkable courage - and have resisted this nonsense.
Here is my prediction:
Things never seem to get better. Evil always seems to creep a step closer towards its goal. I imagine this will continue to be the case until Jesus Christ returns.
So, the Air Force will fold, and the lesbian will be reinstated, and DADT will be dead by default, because of another corrupt, immoral judge.
We have seen it 10,000 times before.
And, I think the CIC, if we really had one, should stand up and say to the judge, just as Andrew Jackson said. Parapharsing! You made the ruling, now enforce it. End of story.
Her spurned, civilian homosexual partner was pissed at her, and blew the whistle.
Just do nothing...what is the judge going to do?
How many legions does this judge have to enforce his bs?
I remember going for my ROTC physical, and a doctor flat out asked each and every one of us, to our face, if we were homosexual, have ever committed a homosexual act, or had homosexual tendencies.
He must have asked the question 7 different ways.
This was before Clinton's DADT policy.
I also remember talking to a homosexual Air Force Navigator who was asked to leave the service because he was busted at a gay porn movie theater. He was really upset, and I asked him:
"Didn't anyone ever ask you about being gay when you came in?"
He said: "Of course!"
I said: "Well, what did you say?"
He said: "I lied! So what?!"
You see, that was the problem with all homosexuals before DADT. They lied anyway, when integrity and honor were actually taken seriously.
Today, they don't even have to lie. Just keep it to yourself.
But, as we have seen for thousands of years, sinners can either repent and come to God, or try and "justify" their sins.
Homosexuals want "justification" for their sins more than any other group I have ever met. In fact, they want applause for their sins.
Once the ban is lifted, gays will flock to military as fast as they can. Straights will then avoid the military as they would a gay social club and we will sink into oblivion as a world power.
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Another judge making policy from the bench.
While I don’t hang out with gays, I do have some gay acquaintances...a family member owns a restaurant in Midtown Atlanta...gays do frequent there. I will tell you, from the stories she tells me and the ones that I know, they are miserable, spiteful and highly dramatic. They think nothing of hurting one another and don’t really have any emotional connections only sex.
Ah, thanks for pinging it out. More Judges Gone Wild! At this point there’s no need of any legislative bodies any more, or referendums.
Just let the judges rule directly, they practically do already.
NO! A thousand times now. We have to fight evil with every thing we have.
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There is no judge that has jurisdiction over military policy. But they will claim that power. Black robed tyrants.
Judges Gone Wild are a very large part of the problem.
Yes. Activist judges watch DC and act accordingly.
Any idea that a military member has “rights” such that decisions made by a civil judge should be effective would mean that judge could hold military members to civil standards of all kinds. We have the UCMJ to help prevent that. The military needs to tell this judge to go pound sand.
I think you raise some important questions. And we don’t know the circumstances of her “outing”.
It doesn't matter. DADT is very clear. If you are found to be homosexual, you are out. The article says: Witt was suspended in 2004 and subsequently discharged under the "don't ask, don't tell" policy after the Air Force learned she had been in a long-term relationship with a civilian woman.
That's against the rules.
As for JuliaH's contention :So, was she good at her job?
What does that have to do with military policy? Rules are rules.
“Black robed tyrants.”
Sic Semper Tyranous
The thing that nags at my sense of fairness though, is what if it were a totally malicious way she was found out. By a professionally envious superior or unit member, say, and her job performance was otherwise good, maybe even stellar. And her relationship was on her own time, private. etc. In that case it seems, she simply and unluckily for her, got caught. (Obviously if her performance was mediocre, that’s a different matter.)
If it were a straight person, it’d be an internal matter, probably not at all about discharge.
I do understand what you are saying, BTW. I’m posting and thinking out loud here, thanks for your response.
Too many rules to think about anymore. Like what happens now that she’s been outed? And no, I’m not in favor of openly gay behavior that would impact her performance or unit, such as propositioning recruits or sex in the barracks.
Bingo. It’s biblical. We’re headed for some very nasty times.
The question is, not if but when. How quickly will we force Christ’s return?... seems to be the issue if you ask me.
I was in the Air Force from 81-92 and I knew of several gays, male and female that did their jobs and simply kept their private lives...well private...as it should be.
Politically correct liberals will decay us from within, as the Romans found out too late.
And the military is not about fair. It's about following rules and order. It cannot run without them.
>>> I do have some gay acquaintances...a family member owns a restaurant in Midtown Atlanta...gays do frequent there. I will tell you, from the stories she tells me and the ones that I know, they are miserable, spiteful and highly dramatic.
So then pretty much they’d fit right in at a Ron Paul rally. Disturbing.
In Toledo, there was a bar called the Lincoln. There were always bodies, dead or not, in the alley after a big night. Beatings, knifings, gang rapes, it all went on at the Lincoln.
Yes, I do acknowlege that.
Maj Witt was suspended (no pay, no promotion points, no retirement accruals) for 3 years prior to her honorable discharge in 2007, and perhaps missed a promotion to 0-5.
The promotion might have been iffy due to a dalliance she was having with a married civilian.
How about a lack of moral character and ethics? Just a couple symptoms of the homosexual disorder that the politically correct and the morally corrupt leftists pretend is "normal". After all, penguins do it...
Take a morally devoid selfish pervert, label them with the "gay" progressive good housekeeping seal of approval and VOILA -we see a noble leftist cause -a sexual orientation justice initiative -a legally fought civil rights case in the making. All this premised upon how one CHOOSES to get their sexual gratification AND all this outside the authoritative domain of the elites attempting to impose it...
Yesterday afternoon the Federal Appeals Court for the 9th Circuit dealt a significant blow to the military's "Don't Ask, Don't Tell" policy. The ACLU of Washington represents a decorated Air Force Major, Margaret Witt, who was discharged for being in a relationship with another woman. In its decision, the court ruled that the Air Force must prove that discharging Major Witt is necessary for purposes of military readiness. While the court stopped short of striking down "Don't Ask, Don't Tell," it made it clear that following the U.S. Supreme Court's decision in Lawrence v. Texas, the military has a much higher burden in justifying the ban:
We hold that when the government attempts to intrude upon the personal and private lives of homosexuals, in a manner that implicates the rights identified in Lawrence [v. Texas], the government must advance an important governmental interest, the intrusion must significantly further that interest, and the intrusion must be necessary to further that interest. In other words, for the third factor, a less intrusive means must be unlikely to achieve substantially the government's interest.
WASHINGTON -- The Obama administration has decided to accept an appeals-court ruling that could undermine the military's ban on service members found to be gay.
A federal appeals court in San Francisco last year ruled that the government must justify the expulsion of a decorated officer solely because she is a lesbian. The court rejected government arguments that the law banning gays in the military should have a blanket application, and that officials shouldn't be required to argue the merits in her individual case.
The administration let pass a May 3 deadline to appeal to the Supreme Court. That means the case will be returned to the district court, and administration officials said they will continue to defend the law there.
The move "takes the issue off the front burner," as a trial and subsequent appeals could take years before the question returns to the Supreme Court, said an official familiar with the matter.
The decision comes as President Barack Obama attempts a balancing act on gay rights. He was elected with strong support from the gay community and promised action on a number of issues. But mindful of the complex politics, the White House has moved slowly.
Justice Department lawyers representing the Air Force note that the case has put them in the position of defending a law neither the president nor the department itself believes is good policy. Defense Secretary Robert Gates also favors repealing the 1993 law, which prohibits the military from asking about the sexual orientation of service members but allows the discharge of those who acknowledge being gay or are discovered to be engaging in homosexual activity.
Government lawyers nevertheless insist Witt's firing was justifiedand that the panel of the 9th U.S. Circuit Court of Appeals did not know the extent of her conduct when it sided with her in 2008. That conduct included a long-term relationship with a civilian woman, an affair with a woman who was married at the time and two earlier relationships with fellow servicewomen, Witt acknowledged in a deposition in May.
It was a 2004 e-mail from the husband of the married woman to the Air Force chief of staff, Gen. John Jumper, that prompted the investigation into Witt's sexuality.
We now have hundreds+ commanders-in chief and I thought the one elected was bad enough.
Based on.... what, exactly?