Legal Opinion
Witt v. Department of the Air Force
Court of Appeals for the Ninth Circuit
Decided May 21, 2008No. 06-35644PublishedCited by 81 opinions
1Opinion of the Court
GOULD, Circuit Judge:
Plaintiff-Appellant Major Margaret Witt (“Major Witt”) sued the Air Force, the Secretary of Defense, the Secretary of the Ah' Force, and her Air Force commander (“the Air Force”) after she was suspended from duty as an Air Force reservist nurse on account of her sexual relationship with a civilian woman. Major Witt alleges that 10 U.S.C. § 654, commonly known as the “Don’t Ask, Don’t Tell” policy (“DADT”), violates substantive due process, the Equal Protection Clause, and procedural due process. She seeks to enjoin DADT’s enforcement. The district court dismissed the suit…
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