Another Step Towards Equality

The United States Congress (and president) may be too gutless too vote for equal rights for all U.S. citizens, at least in an election year, but thank goodness for the court system.   It looks like the courts are doing the job that Congress doesn't have the political courage to do -- get rid of the odious "Don't Ask, Don't Tell" (DADT) policy of the United States military.

Earlier this year a federal judge in California declared DADT to be unconstitutional.   He is currently considering whether to ban the policy altogether.   This would be good for future cases, but would not help those who have already been kicked out of the military for their sexual preference.

Now a federal judge in the state of Washington has gone a step further.   U.S. District Judge Ronald Leighton ruled last Friday that the United States Air Force must give a decorated flight nurse, Major Margaret Witt (pictured), her job back.   Major Witt had been kicked out of the Air Force after her commanding officers learned she had a loving relationship with a female civilian.

Judge Leighton said Major Witt was a "central figure in a long-term highly charged civil rights movement."   He went on to tell Major Witt,   "Today you have won a victory in that struggle, the depth and duration of which will be determined by other judicial officers and hopefully soon the political branches of government."

The Justice Department did not comment on the judge's ruling and have not said whether they will appeal the ruling or not.   If the ruling is not appealed, it will provide a path for those who have been kicked out because of their sexual preference to regain their military status and career.   It would also mean the end of DADT, regardless of what Congress does (or doesn't do), since the military would be taken to court each time they tried to kick someone out for being gay/lesbian.

President Obama has said he is in favor of doing away with DADT, even though he has been hesitant to actually do anything about it (like issue a presidential directive).   This is the chance for him (and Attorney General Holder) to make good on their promises.   All they have to do is nothing -- just don't appeal the judge's decision.   Let it stand as a precedent for future court actions until the Congress gets around to voting DADT out of existence.

Back in 2006, Judge Leighton had originally ruled that the government had the right to enforce DADT and dismissed Major Witt's case.   Fortunately an appeals court ruled that because of the Supreme Court decision outlawing sodomy laws in Texas, DADT might actually be a violation of Major Witt's equal rights.   The case was resurrected and sent back to Judge Leighton's court.

After a six-day trial, the judge ruled that Major Witt should be re-instated by the Air Force.   He found that the dismissal did not serve any legitimate military interest, and in fact, had hurt morale and damaged the ability of Major Witt's unit to perform.   The judge said,   "There is no evidence that wounded troops care about the sexual orientation of the flight nurse or medical technician tending to their wounds."

This is just one more small step forward in assuring that equal rights are provided for all American citizens.