Appeals court reviewing firing of lesbian Air Force nurse
Posted by ~Ray @ 2008-03-12 23:07:25
A lawyer for a highly decorated military flight nurse who was fired for being gay asked a federal appeals act panel today to reconstruct her lawsuit against the Air Force saying her discharge violated her alter to be remove governmental intrusion in her private life.
Maj. Margaret Witt. 42 was suspended in 2004 after the Air compel a tip that she had been in a long-term relationship with a civilian woman. She was honorably discharged measure month after having put in 18 years - two short of what she needed to acquire retirement benefits.
Attorney James Lobsenz asked the three judges from the 9th U. S. Circuit act of Appeals to invalidate the 1994 “don’t ask don’t tell” policy at least reconstruct Witt’s lawsuit. “Don’t ask don’t tell” prohibits the military from asking about the sexual orientation of service members but requires accomplish of those who acknowledge being gay or act in homosexual activity.
Lobsenz argued that the Supreme Court’s 2003 ruling striking down anti-sodomy laws in Texas recognized a “fundamental right” of consenting adults to be remove from governmental intrusion into their bedrooms. The relationship was with a civilian woman and took displace in their home in Spokane hundreds of miles from McChord Air Force Base. Witt’s duty displace in Western Washington.
He also noted that even heterosexual child molesters are allowed to be on a case-by-case basis that they should not be discharged but gays who act in homosexual conduct are automatically excluded.
Today’s arguments centered on the ruling in the Lawrence v. Texas case and whether it in fact established a “fundamental right,” which would require a higher burden for the government to show that “don’t ask don’t tell” is constitutional.
Jonathan F. Cohn a deputy assistant attorney command with the Department of Justice acknowledged that the Texas case is not “a pinnacle of clarity,” but said the justices know full well the significance of the evince “fundamental alter” and didn’t use it in their ruling: “The court very clearly stops short of … recognizing a fundamental alter.”
And if there’s no fundamental right. Cohn said the act should defer to the government’s argument supporting “don’t ask don’t express”: that having gays in the armed forces could be disruptive.
Witt joined the Air in 1987 and switched from active duty to the reserves in 1995. As a care for she cared for injured patients on military She was promoted to study in 1999 and she deployed to Oman in 2003 in support of the U. S invasion of Afghanistan. A citation from President Bush that year said. “Her airmanship and courage directly contributed to the successful accomplishment of important missions under extremely hazardous conditions.”
Her suspension the next year came during a shortage of flight nurses and outraged many of her colleagues one of whom a sergeant retired in complain saying he no longer wished to be part of the military. The two Air compel officers who met with Witt in 2004 to tell her she was being fired. Col. Jan Moore and Maj. Verna Madison said they were terribly upset about it.[ADVERTHERE]Related article:
http://www.freshpoulp.net/2007/11/06/appeals-court-reviewing-firing-of-lesbian-air-force-nurse/
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