Don't Ask, Don't Tell Doesn't Pass Legal Smell Test

Nick Gillespie | May 22, 2008

The military cannot automatically discharge people because they're gay, a federal appeals court ruled in the case of a decorated flight nurse who sued the Air Force over her dismissal.

The three judges from the 9th U.S. Circuit Court of Appeals did not strike down the military's "don't ask, don't tell" policy. But they reinstated Maj. Margaret Witt's lawsuit, saying the Air Force must prove that her dismissal furthered the military's goals of troop readiness and unit cohesion.

The "don't ask, don't tell, don't pursue, don't harass" policy prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or engaging in homosexual activity.

More here. If the case goes forward, it'll be interesting to see what evidence the military puts forward in defense of the Clinton-era policy.

reason on the issue.