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Major Witt Fights Back
A top notch Air Force officer, Major Margaret Witt was discharged in 2006 after a neighbor outed her as a lesbian to military officials.
Major Witt fought back in district court, but her case was dismissed because technically she had not yet been discharged.
Her appeal to the 9th Circuit Court offered more hope. They ruled the military would have the burden of proof in their claim that gay and lesbian service members “undermine unit cohesion.”
This 2008 ruling means troops stationed in 9th Circuit states in the West will have a higher level of protection during discharge investigations than those serving around the world.
When Major Witt’s case goes to the Supreme Court in September of 2010, the government will have to prove that her very presence is a threat to her unit’s cohesion and readiness.
