September 24, 2010 | 3:34 pm
The U.S. military’s “don’t ask, don’t tell” policy on gays violated the constitutional rights of a decorated Air Force reserve flight nurse when it compelled her discharge, a federal judge in Washington state said Friday in ordering the military to reinstate Maj. Margaret Witt.
The order by U.S. District Judge Ronald B. Leighton in Tacoma applied only to Witt’s challenge of her 2006 discharge, but the judge noted in his ruling that decisions about whether homosexuality in the armed forces impeded legitimate military objectives had to be decided on a case-by-case basis, not a blanket policy.
Leighton cited Witt’s exemplary career and performance evaluations as evidence that the Air Force was unharmed by her sexual orientation and also noted reports from her former colleagues that it was her dismissal that proved disruptive of unit cohesion and morale.
“The evidence produced at trial overwhelmingly supports the conclusion that the suspension and discharge of Margaret Witt did not significantly further the important government interest in advancing unit morale and cohesion,” Leighton said.
“The men and women of the United States military have over the years demonstrated the ability to accept diverse peoples into their ranks and to treat them with the respect necessary to accomplish the mission, whatever that mission might be,” he added.
http://latimesblogs.latimes.com/lanow/2010/09/judge-rules-militarys-dont-ask-dont-tell-policy-violated-constitutional-rights-of-air-force-reserve-.htmlbit by bit, chipping away...