The Obama administration has appealed a court decision ordering it to reinstate a gay former Air Force major discharged under Don’t Ask, Don’t Tell.
A federal judge ruled in September that former Maj. Margaret Witt should be reinstated to the Air Force. Witt, a decorated reservist flight nurse, had been suspended from the Air Force in 2004, after 17 years of service, and eventually discharged in October 2007. She sued to be reinstated during her discharge proceedings in 2006.
The Justice Department today filed notice that it will appeal the ruling in the Ninth Circuit Court of Appeals.
The DOJ is also appealing a ruling in a separate case that DADT, which forbids openly gay men and women from serving in the military, is unconstitutional. Both appeals are coming at the same time the administration is trying to repeal the policy through the Congress.