A Turning Legal Tide Calls "Don't Ask, Don't Tell" Into Question
http://www.bilerico.com/2008/12/a_turning_legal_tide_calls_dont_ask_dont.phpSteve Ralls
December 6, 2008 4:30 PM
The federal "Don't Ask, Don't Tell" law that prohibits lesbian, gay and bisexual Americans from serving openly in the armed forces has suffered another setback. The Ninth Circuit Court of Appeals refused, on Thursday, won't reconsider a recent court decision calling the constitutionality of the law into question. Falling short of the 14 votes needed for a new hearing, the judges of the Ninth Circuit declined to re-visit the case of Air Force Major Margaret Witt. Major Witt was suspended in 2004, and ultimately dismissed from the service in 2007, for her relationship with another woman. In May, the court rejected the government's argument that Witt's dismissal was necessary in order to preserve military readiness. On Thursday, the full Ninth Circuit implicitly agreed by rejecting the Pentagon's challenge to that ruling.
