|
|
Home :
Lesbian & Gay Rights
:
Discrimination
ACLU of Washington Challenges Dismissal of Lesbian Air Force Officer (4/12/2006)
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
SEATTLE, WA - The
American Civil Liberties Union of Washington today challenged the
dismissal of a decorated Major and flight nurse in the U.S. Air Force Reserves
for engaging in “homosexual conduct.” The lawsuit, filed in U.S. District Court
for the Western District of Washington, seeks to forbid Major Margaret Witt’s
discharge.
“Major Margaret Witt has been an exemplary member of
the military with a distinguished record of service. To discharge her simply
because of her sexual orientation is unfair and does not make our military
stronger,” said ACLU of Washington Executive Director Kathleen
Taylor.
The lawsuit seeks to stop the Air Force from discharging
Major Witt or from otherwise hampering her military career. The ACLU of
Washington argues that Witt’s discharge would violate her right to engage in
private activities without government interference. The military has provided no
evidence that her sexual orientation or conduct has caused a problem in the
performance of her military duties. To the contrary, the ACLU of Washington is
submitting declarations from military colleagues that her forced absence is
harmful to her unit’s morale.
Major Witt has served in the Air
Force for 18 years. She is a flight nurse and operating room nurse assigned to
McChord Air Force Base near Tacoma, Washington. Major Witt served in the Persian
Gulf and in 1993 was selected to be the “poster child” for the Air Force Nurse
Corps recruitment flyer. In 2003, Major Witt was awarded an Air Force
Commendation Medal for her action in saving the life of a Department of Defense
employee who had collapsed aboard a government-chartered flight from
Bahrain.
“I joined the Air Force because I wanted to serve my
country. I have loved being in the military – my fellow airmen have been my
family. I am proud of my career and want to continue doing my job,” said Major
Witt. “Wounded people never asked me about my sexual orientation. They were just
glad to see me there.”
From 1997 to 2003, Major Witt was in a
committed relationship with a civilian woman. In the summer of 2004,
according to ACLU legal papers, Major Witt was notified that the Air Force had
begun an investigation into an allegation that she had engaged in “homosexual
conduct.” In November 2004, Major Witt was placed on unpaid leave and told she
could no longer participate in any military duties pending formal separation
proceedings. In March 2006, the Air Force informed Major Witt that she was being
administratively discharged on grounds of “homosexual conduct.”
The
Air Force Reserves currently have a critical shortage of flight nurses. As of
April 4, 2006, the Air Force Reserves had 121 vacancies for flight nurses at the
rank of Major.
Witt graduated from Pacific Lutheran
University in Tacoma with a degree in Nursing in 1986 and joined the Air Force
the next year. She was promoted to Major in 1999, and as of early 2004 was the
Standards and Evaluations Flight Commander, a role giving her management
responsibility for over 200 flight nurses and medical technicians. In that
capacity, she was named "Officer of the Quarter" for Spring 2003.
ACLU of Washington cooperating attorney James Lobsenz of Carney
Badley Spellman is handling the case. In a previous ACLU case, Lobsenz
represented Army Sgt. Perry Watkins, who challenged his dismissal from the
military for being gay. In 1989, the U.S. Court of Appeals for the Ninth Circuit
ruled that, as a matter of fairness, the Army could not discharge Watkins.
|
|
|
