Obama Avoids Legal Test of Gays in the Military
“Don’t Ask, Don’t Tell” Policy on Gays in the Military
The May 19, 2009, Wall Street Journal article on “Obama Avoids Test on Gays in the Military,” shows once again how unfair the application of this policy can be. The Air Force involuntarily separated Major Margaret Witt from the service, claiming she violated 10 USC § 654 and the DoD, “Don’t ask, Don’t Tell,” policy. She filed a lawsuit in a federal district court, claiming the Air Force should not apply the ban on Homosexuals in the Military based solely on her private, personal relationship with a civilian woman. She argued that without a clear and detrimental impact of her personal life choices on the good order and discipline of her reserve unit, or any adverse impact while on active duty in the Air Force, there should be no violation of the DoD policy.
The Ninth Circuit Court
The Ninth Circuit Court of Appeals in San Francisco ruled that the government must show why military discipline would be imperiled by the specific presence of Major Witt. The Obama Administration could have appealed this ruling by filing with the Supreme Court by a May 3rd deadline. The Administration failed to file, and as a result the trial in federal district court will continue in light of the Ninth Circuit ruling. The government must now prove specifically how Major Witt’s mere presence in her unit is detrimental to good order and discipline.
Military Criminal Defense
The Law Firm of Puckett & Faraj, PC is zealous in defending the rights of military members against wrongful application of this broad policy to a specific individual situation. Good order and discipline is vital to the execution of a military operation. However, targeting an individual’s personal, off-duty life without proof of detriment to the Service or another military member is not consistent with the Uniform Code of Military Justice.
The Law Firm of Puckett & Faraj, PC, defend the rights of all military members and work to support the fair treatment of our brave men and women. If you or a member of your family is being investigated by the military, please call our toll free number for a free consultation, 877-970-0005; or contact us via Email. Your questions will be answered and all communication is protected by the attorney-client privilege.
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