Court: Gays Cannot be Automatically Discharged

Court: Gays cannot be automatically discharged
http://www.navytimes.com/news/2008/05/ap_airforce_lesbian_052108/
By Gene Johnson – The Associated Press
SEATTLE – When the military wants to discharge homosexual
service men and women under the “don’t ask, don’t tell” law, it must
justify its decision each time, a federal appeals court panel ruled
Wednesday in the case of a highly decorated flight nurse who sued the
Air Force over her firing.
The ruling is the first appeals court ruling in the country that
evaluates “don’t ask, don’t tell” in light of Lawrence v. Texas, the
Supreme Court’s 2003 decision that struck down that state’s ban on
sodomy.
The three judges from 9th Circuit Court of Appeals reinstated
Maj. Margaret Witt’s lawsuit against the Air Force, saying the facts of
her case must be developed to determine if her dismissal furthered the
military’s stated goals of military readiness and troop harmony.
“When the government attempts to intrude upon the personal and
private lives of homosexuals,” Judge Ronald M. Gould wrote, “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.”
Continued at:
http://www.navytimes.com/news/2008/05/ap_airforce_lesbian_052108/

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2 Responses to Court: Gays Cannot be Automatically Discharged

  1. lbsmom says:

    This article suggests the ruling on Major Witt’s case is a result of the recent gay marriage decision. Whatever, the reason, I’m glad for it!

    http://www.usnews.com/articles/news/national/2008/05/23/the-fallout-from-californias-same-sex-marriage-ruling.html

  2. robertlnelson says:

    Nobama,
    Any insights into why the military bothers to discharge this woman? We could spin out many different possibilities: homophobia, affront to authority, local politics, etc. Any guesses from your experience?

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