DADT WIN: Federal Judge Orders Reinstatement Of Major Margaret Witt

In another win in the battle to overturn DADT, late this afternoon a federal court ordered the reinstatement of Air Force Major Margaret Witt, who was suspended just before her retirement date in 2004 after her superiors learned she is a lesbian. Today's decision only applies to Major Witt's case.

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.

Witt was represented by the ACLU. Read the decision here (PDF.) Reactions to the decision are below.

Human Rights Campaign

“By reinstating Major Witt, a decorated Air Force nurse discharged under ‘Don’t Ask, Don’t Tell,’ another federal court has demonstrated once again that this discriminatory law does not contribute to our nation’s security or defense,” said HRC President Joe Solmonese. “Had Major Witt been discharged in any other circuit in the country, she would not had her day in court. It is time for Congress and the Administration to recognize that his failed law should be removed from the books once and for all.”

Servicemembers United

"Yet another judge has taken yet another righteous, historic, and courageous stand against a discriminatory and unconstitutional law," said Alexander Nicholson, founder and Executive Director of Servicemembers United. "Major Witt's case is a clear-cut one in which her discharge itself actually harmed unit cohesion, morale, and combat readiness." This legal victory against the "Don't Ask, Don't Tell" law is the second this month, with a judge in Riverside, California previously declaring the entire "Don't Ask, Don't Tell" law unconstitutional in a facial challenge to the law brought by the Log Cabin Republicans. Major Witt's victory will apply only to her own discharge, but the precedent set with this decision and the previous appellate court ruling in this case on the standard to be used in deciding on "Don't Ask, Don't Tell" discharges all contribute to a significant shift in how courts appear to be viewing and treating the "Don't Ask, Don't Tell" law.

More reactions will be added to this post as they arrive.

Air Force Academy Alumni Group Cancels Event To Honor Gay Soldiers

An event to honor gay graduates of the Air Force Academy has been canceled by the Academy's alumni association.

The two groups sponsoring the event signed a contract and put down a deposit, but the dinner was canceled last month by the academy's alumni organization, which controls the venue where it was to be held. A spokesman said the event placed the school's leadership in the tough spot of appearing to endorse repeal of the current ban, known as "don't ask, don't tell." The turnabout has set off a fusillade of charges and countercharges, focusing attention on the institution that is known as the most conservative of the service academies just as the military studies the possibility of welcoming openly gay fighters. A spokesman for the group OutServe, one of the dinner's sponsors whose members include gay Air Force Academy graduates currently serving, called the cancelation "blatant discrimination." The event was meant not as a political statement but to recognize the contribution of gays and lesbians to the country's armed forces, said the spokesman, who is a lieutenant in the active-duty military. Gary Howe, executive vice president of the alumni association — known as the Association of Graduates — said the groups are trying to embarrass the Air Force Academy at a delicate moment in the debate. "To think that holding such an event on the United States Air Force Academy (campus) would not be political, I think they're blowing smoke," Howe said.

The planned venue for the event was an Academy dining hall that is available for rent by the general public.

NYC Flyover Warning!

Remember last year when half of New York City completely lost their shit when a jumbo jet went screaming along the Hudson at a low altitude, trailed by U.S. fighter jets? And how it turned out to be just a photo op for the White House, who wanted a shot of Air Force One over the Statue of Liberty? And how it cost a zillion dollars for a picture that any fifth-grader could have photoshopped? And how the outcry eventually resulted in a White House official falling on his sword?

Anyway, we're about to get a similar event. Gay City News reporter Duncan Osbourne predicts by email that even though this time we're getting a warning, thousands will still likely "run screaming through the streets." Via press release:

MEDIA ADVISORY: Aerial Events Scheduled over New York City

NEW YORK CITY – During Air Force Week in New York City 23-25 Aug., the United States Air Force will be making multiple flyovers over the Intrepid Sea, Air and Space Museum. New York City residents should be aware of the following aerial demonstrations and media are requested disseminate information as widely as possible. On Aug. 23 from 3-4 p.m., Two F-16s from the United States Aerial Demonstration Team, The Thunderbirds, will be making multiple practice flights over the Intrepid for flyover preparation the following day. On Aug. 24 at 10:35 a.m., the United States Aerial Demonstration Team, The Thunderbirds, will conduct a six-ship flyover of the Intrepid to commence the official start of Air Force Week. The team will be flying in an FAA approved holding pattern from 10:15 a.m. until the flyover. On Aug. 25 at 11 a.m., the New York Air National Guard 106th Rescue Wing will be flying a HH-60 Pavehawk onto the Intrepid. It will remain on display until it takes off at 4 p.m. and departs the area.

You have been duly warned.