Home > Legal, LGBT News, National, Politics > Lawyers: Lesbian nurse can rejoin Air Force despite Justice Dept’s appeal of her reinstatement – Brandon Sun

Lawyers: Lesbian nurse can rejoin Air Force despite Justice Dept’s appeal of her reinstatement – Brandon Sun

November 23, 2010
Emblem of Air Force Reserve Command of the Uni...

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SEATTLE – A lesbian flight nurse discharged under “don’t ask, don’t tell” policy barring gays from serving openly can rejoin the Air Force Reserve, even as the government appeals a judge’s ruling that returned her to the job, her lawyers said Tuesday.

U.S. District Judge Ronald Leighton ruled in September that former Maj. Margaret Witt must be reinstated because her dismissal advanced no legitimate military goals and thus violated her constitutional rights.

The Justice Department appealed that ruling to the 9th U.S. Circuit Court of Appeals on Tuesday, its deadline for doing so.

But government lawyers did not ask the appeals judges to freeze the lower court’s ruling while the appeal proceeds — and Witt’s lawyers said that means she can be reinstated.

via Lawyers: Lesbian nurse can rejoin Air Force despite Justice Dept’s appeal of her reinstatement – Brandon Sun.

As the Obama administration continues it’s stellar pattern of talking out of both sides of the administrations mouth, the courts continue to act as the sole voice of reason in the continuing DADT saga. 

 

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