10 May 2011

Administration settles one DADT case.

As a preliminary matter, the military's gay ban has not yet been repealed and continues to remain in full legal effect as of today, 139 days after Obama signed the so-called "DADT Repeal."

What's more, the Obama administration continues to pursue its appeal of its loss in Log Cabin Republicans v US, broadly holding that the military gay ban is unconstitutional on its face.

However, as part of a settlement, the administration finally dropped its appeal of Witt v Dep't of the Air Force, a narrower holding that the military gay ban is unconstitutional as applied to Major Margaret Witt, a highly decorated flight nurse who was discharged for nothing more than having an off-base relationship with a civilian adult.

Sadly, the settlement doesn't reinstate Major Witt, but at least it strikes the unlawful discharge from her military record and allows her to retire with all the benefits she earned — which is important because it's not uncommon for discharged servicemembers to be denied their full military benefits, a few even presented invoices demanding reimbursement to the government!

Congratulations and thank you to Major Witt and her counsel at the American Civil Liberties Union of Washington.

0 chimed in: