Editorial: Witt tenacity on ‘don’t ask’ shows she’s well-qualified

She’s just what you’d want in a military officer. Courageous. Respected. Effective.

Maj. Margaret Witt, of Spokane, was all of that right up until the time the Air Force drummed her out of the service under the nation’s egregious “don’t ask, don’t tell” policy that focuses on the sexual orientation of gay and lesbian military members.

On Friday, U.S. District Judge Ronald Leighton in Tacoma ruled that she should be reinstated. This is a great victory for human rights, and Washingtonians should take pride that it was achieved by a Spokane woman in a Washington court.

Witt says she will apply for her old position of flight nurse as soon as she completes needed training. She would be the first of more than 13,000 members of the military who have been dismissed under this policy to gain reinstatement.

Leighton’s ruling reversed his 2006 judgment that her constitutional rights were not violated when Witt was expelled. The Spokane flight nurse could have moved on, but instead she chose to bravely battle this injustice, even though she knew it would expose the details of her private life.

The U.S. 9th Circuit Court of Appeals overturned Leighton’s ruling and established what’s become known as the Witt standard.

The appeals court returned to Congress’ rationale for adopting “don’t ask, don’t tell” and put the onus on the government for proving that firing Witt furthered those goals. The original justifications for barring known gays were that it would upset unit cohesion, morale and effectiveness.

Judging the case under those guidelines, Leighton not only said the military hadn’t proved its case but that he hoped Witt would return to her unit.

“You will provide the best evidence that open service of gays and lesbians will have no adverse effect on cohesion, morale or readiness on this or perhaps any Air Force or military unit,” he said.

Earlier in the week, Leighton seemed to feel sorry for the Justice Department attorneys who were charged with defending such an odious policy. “You are in a difficult spot, and everybody knows it,” he said.

They will remain in a difficult spot, because the Witt standard applies only to cases within the 9th Circuit’s jurisdiction. That’s why Congress needs to act to wipe out this senseless discrimination once and for all.

Earlier this week, an attempt in Congress to do that failed. Maj. Witt didn’t give up, and neither should proponents for repeal.

Meanwhile, those who voted to keep “don’t ask, don’t tell” ought to search their consciences. What do they hope to accomplish in firing courageous, respected and effective members of the military?