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Federal Appeals Court Strikes Blow to "Don't Ask, Don't Tell"
Yesterday afternoon the Federal Appeals Court for the 9th Circuit dealt a significant blow to the military's "Don't Ask, Don't Tell" policy. The ACLU of Washington represents a decorated Air Force Major, Margaret Witt, who was discharged for being in a relationship with another woman.
We hold that when the government attempts to intrude upon the personal and private lives of homosexuals, in a manner that implicates the rights identified in Lawrence [v. Texas], the government must advance an important governmental interest, the intrusion must significantly further that interest, and the intrusion must be necessary to further that interest. In other words, for the third factor, a less intrusive means must be unlikely to achieve substantially the government's interest.While the case goes a long way toward ending the military's discriminatory policy of barring gay people from openly serving in the military, it is also significant because it's one of the first decisions to get right what the U.S. Supreme Court said in Lawrence: that our lives and relationships must be respected. It's shameful that the military continues to enforce "Don't Ask, Don't Tell." This is one time where we shouldn't wait for the courts. According to a CNN poll from May 2007, 79 percent of Americans think people who are openly gay or homosexual should be allowed to serve in the U.S. military. Congress should end the ban now. Please take a moment to contact your senators and representatives. The Service Member Legal Defense Network makes it easy for you. Click here to tell Congress to repeal "Don't Ask, Don't Tell."
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Sep 3rd, 2009 at 12:21am
As a former 40 AES Sqdn McChord flight medic, AFOSI Det 305 Special Agent and USS Hancock EO Division Seaman, I knowingly and willing worked beside gays and lesbians daily. My 26 year career spanned two wars. Gays and lesbians were always no less than professional and competent in their duties and behavior. I observed no threats to heterosexual values or relationships. The Air Force and other services are throwing away valuable talent and professional skills. What a waste!! Major Witt should be reinstated!!