Ninth Circuit Rules on 'Don't Ask, Don't Tell' Appeal

Veterans Dismissed Under Ban Celebrate

Reversal of District Court Decision

SEATTLE, May 22 /PRNewswire-USNewswire/ -- The Ninth Circuit Court of
Appeals for the United States yesterday overturned a district court
decision in Witt v. United States Air Force, a case challenging the
constitutionality of the "Don't Ask, Don't Tell" law banning lesbian, gay
and bisexual Americans from military service. The decision marks the first
time a federal appellate court has found that the military must meet a
heightened standard when infringing on a gay service member's right to
privacy. The case has been remanded to the district court for further
action.

"The Circuit Court's ruling is a tremendous victory for Major Witt and
her legal team. They deserve to be congratulated for their resolve in
fighting for honesty in service. We are very pleased to see the court
recognize the important role private lives and private relationships play
in the lives of all of our men and women in uniform," said Aubrey Sarvis,
executive director of Servicemembers Legal Defense Network (SLDN), which
filed an amicus brief in support of Major Witt's right to continue serving,
specifically calling into question the Air Force's arguments about the
necessity for such a ban.

In the majority decision written by Justice Ronald M. Gould, the Ninth
Circuit held, "that Lawrence (v. Texas) requires something more than
traditional rational basis review..." and also cited a decision by the
Court of Appeals for the Armed Forces ruling that Lawrence v. Texas applies
to the military and requires a "searching constitutional inquiry" when the
military attempts to interfere in a service member's intimate private life.

Major Margaret Witt was discharged from the Air Force in 2003 after her
commanders discovered she is a lesbian. Her separation from the Air Force
came two years shy of her retirement and brought an end to her 18 year
career as an operating room and flight nurse. Witt was honored by President
Bush in 2003 with the Air Medal for her Middle East deployment and that
same year received the Air Force Commendation Medal for saving the life of
a Defense Department worker.

"We are heartened by the court's decision in Witt and hope the First
Circuit Court of Appeals responds similarly in our case, Cook v Gates,
currently pending before that court," said Sarvis. "Just like Major Witt,
the Cook plaintiffs have asked for an opportunity to show that their
private lives are not incompatible with military service. We hope that, at
a minimum, the First Circuit decides that our case deserves to be reviewed
under heightened scrutiny and the Cook plaintiffs' are granted an
opportunity to present their arguments at trial."

For more information on Witt v United States Air Force or Cook v.
Gates, including biographies of the Cook plaintiffs, visit http://www.sldn.org.

Servicemembers Legal Defense Network is a national, non-profit legal
services, watchdog and policy organization dedicated to ending
discrimination against and harassment of military personnel affected by
"Don't Ask, Don't Tell" and related forms of intolerance. For more
information, visit http://www.sldn.org.


SOURCE Servicemembers Legal Defense Network