Judge orders lesbian Air Force nurse reinstated

CNN reports: A federal judge has ordered the reinstatement of an openly lesbian former Air Force major who was dismissed from the military under the government's "don't ask, don't tell" policy.

Judge Ronald Leighton of Tacoma, Washington, made his ruling Friday. It is the latest legal and political setback for the Obama administration, which is seeking to end the policy through a legislative and executive solution.

Maj. Margaret Witt, a decorated flight nurse with 20 years of service, had sued to return to the Air Force Reserve. She was honorably discharged in July 2007 on the grounds that she had a six-year relationship with another woman, a civilian.

"Her discharge from the Air Force Reserves violated her substantive due process rights under the Fifth Amendment to the United States Constitution. She should be restored to her position as a flight nurse with the 446th AES as soon as is practicable," wrote the judge.

An Air Force spokesman said the Air Force believes that "Major Witt's discharge was fully consistent with the law and thus appropriate."

"While we are disappointed the district court judge did not agree that important Congressionally-recognized military interests were furthered by Major Witt's discharge, we are pleased he allowed the government to develop a more detailed factual record for the appellate courts to consider," said Lt. Col. Todd Vician.

The "don't ask, don't tell" policy enacted in 1993 prevents gay men and lesbians from openly serving in the military and bars officials from inquiring into a service member's sexuality.

The Senate this week temporarily turned aside legislation to repeal the law.