Yet Again: Court Rules Discrimination is Unconstitutional

This is the second court ruling this month that the discrimination inherent in DADT is unconstitutional. It is also counter -productive and irrational, completely devoid of evidence. In many periods of history and in many societies, gay soldiers have been either central to military forces, or led them. Gays in the military have never weakened them, and in some cases were bewlieved to strengthen them.

DADT is doomed. The sooner the US politicians realize this, the better for all.

US air force told to reinstate lesbian in death knell for ‘don’t ask, don’t tell’

Margaret Witt, a lesbian expelled from the US air force under ‘don’t ask, don’t tell’, wins her job back after judge’s ruling

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The name Margaret Witt may join the canon of US civil rights’ pioneers, after a federal judge ruled that the decorated flight nurse – discharged from the US air force for being a lesbian under the “don’t ask, don’t tell” policy – should be given her job back as soon as possible.

In his ruling [pdf], US district judge Ronald Leighton concluded: “The application of ‘don’t ask, don’t tell’ to Major Margaret Witt does not significantly further the government’s interest in promoting military readiness, unit morale and cohesion.”

Leighton also ruled that Witt’s rights under the US constitution’s fifth amendment had been violated, and that she should be restored to her position “as soon as is practicable”.

The Spokesman-Review reported that after announcing his ruling in the court in Tacoma, Leighton looked at Witt and said: “I hope you will request reinstatement.” Witt later replied that she would “absolutely” seek to rejoin. That would make her the first person to do so since the policy barring gays and lesbians from serving openly in the US militarywas imposed in 1993.

The judge’s ruling is the latest body blow to DADT, coming only two weeks after a federal judge in California declared that DADT was unconstitutional, saying the ban violated the first and fifth amendment rights of homosexuals and harmed the effectiveness of the armed forces.

Read the full Guardian Report

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