Air Force Seeks Stay of Order to Reinstate Lesbian
Politico reports:
The Air Force said Wednesday that it may still seek a stay of a judge's order requiring the reinstatement of a lesbian Air Force major discharged under the "don't ask, don't tell" policy.
Major Margaret Witt, who served most recently in the reserves as a flight nurse,strong>said in a statement issued Tuesday night that she planned to return to duty<. In addition, the American Civil Liberties Union, which served as her counsel in the court challenge, said the Air Force and the Justice Department had decided not to seek a stay of U.S. District Court Judge Ronald Leighton's decision.
The Pentagon had no immediate comment on Witt's announcement Tuesday night, but an Air Force spokeswoman told POLITICO Wednesday that there was no urgency to seek a stay since Witt doesn't appear to be qualified at the moment to rejoin the force.
"To date, she has provided the Air Force no evidence that she meets the qualifications necessary to serve as an Air Force flight nurse, nor has she passed a medical physical which is also a prerequisite to her reinstatement," Lt. Col. Karen Platt said in an e-mailed statement. "If Major Witt shows that she meets the prerequisites to her reinstatement at some time in the future, the Air Force, DoD and DoJ will re-evaluate whether or not to seek a stay of the judge's ordered reinstatement, pending appeal of the case."
Platt noted that Leighton's order was explicitly conditioned on Witt meeting all applicable requirements for her previous position.
