Thursday, December 2, 2010

My parents' friend, the Nurse (who will overturn Don't Ask Don't Tell)

I must admit that this is a story that my *parents* have been keeping me up to date on. They are friends of Witt's family. I'm excited that her case is getting so much (positive) press in recent months. Also interesting, and unknown to me before this KUOW interview: the reason Witt was outed was due to a jealous husband. Wow.


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The fight over the future of the military's "don't ask, don't tell" policy is playing out in the nation's capital. But here in Washington state, a former Air Force officer who was discharged for homosexual conduct is trying to return to the service. Major Margaret Witt has been waging a multi–year court battle over her 2007 dismissal. She won her case in US District Court in September. But it's not clear whether the Air Force will allow her to rejoin her former unit. KUOW's Deborah Wang has more.

TRANSCRIPT
Major Margaret Witt was a flight nurse in the Air Force Reserves. She was part of the 446th Aeromedical Evacuation Squadron at Joint Base Lewis–McChord.
Witt's troubles began back in 2004 when she got involved with a married woman. The woman's estranged husband outed Witt to Air Force officials. She was investigated, found guilty of homosexual conduct and formally discharged in 2007.
Witt sued the Air Force, challenging her dismissal, and this past September, after a four year legal battle she prevailed. A US District Court judge ruled Witt's discharge was not justified because the Air Force had not proven Witt's sexual preference caused any harm to her unit.
The Air Force is now appealing. But so far it has not sought a stay of the judge's order, which means that Witt might still be able to rejoin her former unit while the case winds its way through the courts once again.
Yesterday, Witt appeared with her lawyers at the Seattle offices of the American Civil Liberties Union.
Witt: "It was disappointing that they appealed. Uh, I had a little more faith than that. But I'm ready. I'm still thrilled that, meanwhile, I still have the chance to go back, and I'm ready. I'm an officer. It's another mission, and I'll be ready when that time comes."
But whether Witt can in fact rejoin her unit is the subject of some debate.
Witt says she is close to completing the requirements for re–instatement. The rules say she must work as a nurse for 180 hours this year. She has completed 130 so far. Her lawyers say she should be ready to rejoin her unit by the end of this month or perhaps next.
But the Air Force has not indicated it will allow Witt to be re–instated. A spokesperson says the Air Force has not received evidence that Witt meets the requirements to serve, and even if she does meet the requirements, the Air Force still has the option of seeking a stay, which would prevent her from being re–instated until the appeal is heard. Witt's lawyers say they have been told informally that the Air Force is unlikely to do that.
All this legal wrangling could become moot, as Congress is now debating whether to end the "don't ask, don't tell" policy. Whatever the outcome of her case, Witt says she wants to see the policy overturned.
Witt: "I hope our elected leaders will repeal this unjust policy and that soon I will be known just as a flight nurse again instead of a lesbian flight nurse. Thank you."
If the Air Force does allow Witt to be re–instated, her lawyers say she will be the first openly gay person to serve in the military since the "don't ask, don't tell" policy was instituted in 1993.
I'm Deborah Wang, KUOW News.
© Copyright 2010, KUOW

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