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Motion on lesbian maj.’s lawsuit denied (xpost from Veterans)

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unhappycamper Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 05:27 AM
Original message
Motion on lesbian maj.’s lawsuit denied (xpost from Veterans)
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_lesb...
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bluedawg12 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 09:59 AM
Response to Original message
1. The case will go forward- and 2 years short of her 20 years!
18 years of active duty, 2 years short of retirement and they threw her out on a tip! WTF? The military gaystoppo?

>>That means the case will go forward, said attorney Sarah Dunne of the American Civil Liberties Union of Washington, which represents Witt.

Her case will either return to the District Court in Seattle or the government will appeal directly to the U.S. Supreme Court, Dunne said. At issue: whether Witt’s homosexuality put her military unit at risk.

“We are looking forward to pursuing her case. We’ll put on evidence as to whether the morale of her unit would be affected,” Dunne said.

“Don’t ask, don’t tell” prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or engage in homosexual activity.

Witt, a flight nurse who was based at McChord Air Force Base near Tacoma, was suspended without pay after the Air Force received a tip that she had been in a long-term relationship with a civilian woman. Witt was honorably discharged after having put in 18 years — two short of what she needed to receive retirement benefits.<<
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RetiredTrotskyite Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 01:44 PM
Response to Reply #1
3. This Definitely Needs To Go...
forward. I hope that she can get reinstated and get her retirement benefits. If her service to the Navy has been exemplary enough to warrant an honourable discharge, then there is no real reason for them to reinstate her and either let her stay as long as she wants/needs to. No wonder we are a laughingstock in the eyes of so many people.
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bluedawg12 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 04:38 PM
Response to Reply #3
4. Taking away somes pension just two years short- really, really sucks .
WTF? She didn't tell, someone "turned her in to the gaystoppo" and she was probably asked a direct question, besides she was not living with anyone at the time, so it was for retroactive behavior, or they asked about her nightly activities, hour by hour.

geebus on a stick, only with gays can they still pull this horrid sh*t. You would think this was Poland. :argh:
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RobertDevereaux Donating Member (640 posts) Send PM | Profile | Ignore Fri Dec-05-08 01:20 PM
Response to Original message
2. This case MUST go forward...!
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bluedawg12 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 04:40 PM
Response to Reply #2
5. She served with honor- we will never forget that FACT!
You bet it's going forward, maybe Gates will get his head out of his @ss under Pres. Obama about DADT.
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