Witt v. Department of the Air Force
Encyclopedia
Witt v. Department of the Air Force, 527 F.3d 806 (9th Cir. 2008) is a federal lawsuit challenging the constitutionality
of , the now repealed law which excluded openly homosexual people from serving in the United States military, commonly known as Don't ask, don't tell
(DADT). The United States Court of Appeals for the Ninth Circuit
ruled in 2008 that under Lawrence v. Texas
DADT constitutes an "[attempt] to intrude upon the personal and private lives of homosexuals" and it is subject to "heightened scrutiny", meaning that the government "must advance an important governmental interest, the intrusion must significantly further that interest, and the intrusion must be necessary to further that interest."
The ruling made it more difficult for service members in the Ninth Circuit's jurisdiction to be expelled under DADT, requiring the government to show actual harm in the specific unit in question. The case ended in a settlement announced on May 10, 2011.
, having joined in 1987. In 1995 she transferred from active duty to the Reserves
. She was in a committed relationship with another woman from July 1997 through August 2003. While they were together, Witt and her partner lived 250 miles away from the base to which Witt was assigned and Witt never disclosed her sexual orientation to anyone in the military during her service. In 2004, the husband of another woman whom Witt had begun dating outed her to the Air Force. In July 2004 Witt was informed that she was being investigated for homosexuality and in November Witt was suspended from duty, which meant that she could not receive pay, accrue points toward promotion or accrue retirement benefits. In March 2006 Witt was advised that discharge
proceedings were being initiated against her for homosexuality and in April of that year she filed suit in the United States District Court for the Western District of Washington
seeking declaratory
and injunctive relief
on the grounds that DADT violates substantive due process, the Equal Protection Clause, and procedural due process. In September 2006 a military board recommended that she be honorably discharged because of her homosexuality. In July 2007 the Secretary of the Air Force
ordered her honorable discharge. District judge Ronald B. Leighton
dismissed Witt's suit under Federal Rule of Civil Procedure
12(b)(6) for "failure to state a claim". A three judge panel of the Ninth Circuit heard the appeal on November 5, 2007, and issued its ruling on May 21, 2008.
and remanded the District Court ruling in part, and affirmed the lower court in part. Specifically, the court reinstated Witt's substantive due process and procedural due process claims and affirmed the dismissal of her Equal Protection claim.
The court based its ruling on an analysis of Lawrence v. Texas
. This 2003 Supreme Court case found that the sodomy law
of Texas violated the Fourteenth Amendment
. Although the Supreme Court did not say so, the Ninth Circuit found that it had decided Lawrence by applying "heightened scrutiny". Although the terms "heightened scrutiny" and "intermediate scrutiny" are often used interchangeable, it is unclear whether the two are legally the same. In determining that Lawrence requires that DADT be subjected to heightened scrutiny, the Ninth Circuit found that there must be an "important" governmental interest at issue, that DADT must "significantly" further the governmental interest, and that there can be no less intrusive way for the government to advance that interest.
The panel affirmed the dismissal of Witt's Equal Protection claim because the Supreme Court in Lawrence declined to address Equal Protection.
declined to appeal, allowing a May 3, 2009, deadline to pass and leaving Witt as binding on the entire Ninth Circuit. The case headed to trial back in district court. Witt has been cited as precedent
in Log Cabin Republicans v. United States of America
, a case in the United States District Court for the Central District of California
–over which the Ninth Circuit has appellate jurisdiction
–which seeks a national injunction against the enforcement of DADT. In September 2010, the District Court ruled that DADT is unconstitutional.
Witt returned to the trial court on September 13, 2010. On September 24, 2010, District Judge Ronald B. Leighton
ruled that Witt's constitutional rights had been violated by her discharge and that she must be reinstated to the Air Force. The government filed an appeal with the Ninth Circuit on November 23, but made no attempt to have the trial court's ruling stayed pending the outcome. Witt had hoped to return to her unit no later than January 2011.
In a settlement announced on May 10, 2011, the Air Force agreed to drop its appeal and remove Witt's discharge from her military record. She will retire with full benefits.
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
of , the now repealed law which excluded openly homosexual people from serving in the United States military, commonly known as Don't ask, don't tell
Don't ask, don't tell
"Don't ask, don't tell" was the official United States policy on homosexuals serving in the military from December 21, 1993 to September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while...
(DADT). The United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
ruled in 2008 that under Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
DADT constitutes an "[attempt] to intrude upon the personal and private lives of homosexuals" and it is subject to "heightened scrutiny", meaning that the government "must advance an important governmental interest, the intrusion must significantly further that interest, and the intrusion must be necessary to further that interest."
The ruling made it more difficult for service members in the Ninth Circuit's jurisdiction to be expelled under DADT, requiring the government to show actual harm in the specific unit in question. The case ended in a settlement announced on May 10, 2011.
Background
Margaret Witt was a major in the United States Air ForceUnited States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
, having joined in 1987. In 1995 she transferred from active duty to the Reserves
Air Force Reserve Command
The Air Force Reserve Command is a major command of the U.S. Air Force with its headquarters at Robins AFB, Georgia.It stood up as a major command of the Air Force on 17 February 1997....
. She was in a committed relationship with another woman from July 1997 through August 2003. While they were together, Witt and her partner lived 250 miles away from the base to which Witt was assigned and Witt never disclosed her sexual orientation to anyone in the military during her service. In 2004, the husband of another woman whom Witt had begun dating outed her to the Air Force. In July 2004 Witt was informed that she was being investigated for homosexuality and in November Witt was suspended from duty, which meant that she could not receive pay, accrue points toward promotion or accrue retirement benefits. In March 2006 Witt was advised that discharge
Military discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve.-United States:Discharge or separation should not be confused with retirement; career U.S...
proceedings were being initiated against her for homosexuality and in April of that year she filed suit in the United States District Court for the Western District of Washington
United States District Court for the Western District of Washington
The United States District Court for the Western District of Washington is the Federal district court whose jurisdiction comprises the following counties of the state of Washington: Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan,...
seeking declaratory
Declaratory relief
Declaratory relief is a judge's determination of the parties' rights under a contract or a statute, often requested in a lawsuit over a contract. In theory, an early resolution of legal rights will resolve some or all of the other issues in the matter....
and injunctive relief
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
on the grounds that DADT violates substantive due process, the Equal Protection Clause, and procedural due process. In September 2006 a military board recommended that she be honorably discharged because of her homosexuality. In July 2007 the Secretary of the Air Force
United States Secretary of the Air Force
The Secretary of the Air Force is the Head of the Department of the Air Force, a component organization within the Department of Defense of the United States of America. The Secretary of the Air Force is appointed from civilian life by the President, by and with the advice and consent of the Senate...
ordered her honorable discharge. District judge Ronald B. Leighton
Ronald B. Leighton
Ronald Bruce Leighton is a United States federal judge.Born in Stockton, California, Leighton received a B.A. from Whitworth College in 1973 and a J.D. from the University of California, Hastings College of Law in 1976. He was in private practice in Tacoma, Washington from 1976 to 2002.On January...
dismissed Witt's suit under Federal Rule of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
12(b)(6) for "failure to state a claim". A three judge panel of the Ninth Circuit heard the appeal on November 5, 2007, and issued its ruling on May 21, 2008.
Ninth Circuit ruling
The Ninth Circuit panel vacatedVacated judgment
A vacated judgment makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court....
and remanded the District Court ruling in part, and affirmed the lower court in part. Specifically, the court reinstated Witt's substantive due process and procedural due process claims and affirmed the dismissal of her Equal Protection claim.
The court based its ruling on an analysis of Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
. This 2003 Supreme Court case found that the sodomy law
Sodomy laws in the United States
Sodomy laws in the United States, which outlawed a variety of sexual acts, were historically universal. While they often targeted sexual acts between persons of the same sex, many statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes as well,...
of Texas violated the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. Although the Supreme Court did not say so, the Ninth Circuit found that it had decided Lawrence by applying "heightened scrutiny". Although the terms "heightened scrutiny" and "intermediate scrutiny" are often used interchangeable, it is unclear whether the two are legally the same. In determining that Lawrence requires that DADT be subjected to heightened scrutiny, the Ninth Circuit found that there must be an "important" governmental interest at issue, that DADT must "significantly" further the governmental interest, and that there can be no less intrusive way for the government to advance that interest.
The panel affirmed the dismissal of Witt's Equal Protection claim because the Supreme Court in Lawrence declined to address Equal Protection.
Outcome
The Obama administrationPresidency of Barack Obama
The Presidency of Barack Obama began at noon EST on January 20, 2009 when he became the 44th President of the United States. Obama was a United States Senator from Illinois at the time of his victory over Arizona Senator John McCain in the 2008 presidential election...
declined to appeal, allowing a May 3, 2009, deadline to pass and leaving Witt as binding on the entire Ninth Circuit. The case headed to trial back in district court. Witt has been cited as precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
in Log Cabin Republicans v. United States of America
Log Cabin Republicans v. United States of America
Log Cabin Republicans v. United States is a federal lawsuit challenging the constitutionality of 10 U.S.C. § 654, commonly known as don't ask, don't tell , which excludes homosexuals from openly serving in the United States military...
, a case in the United States District Court for the Central District of California
United States District Court for the Central District of California
The United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
–over which the Ninth Circuit has appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
–which seeks a national injunction against the enforcement of DADT. In September 2010, the District Court ruled that DADT is unconstitutional.
Witt returned to the trial court on September 13, 2010. On September 24, 2010, District Judge Ronald B. Leighton
Ronald B. Leighton
Ronald Bruce Leighton is a United States federal judge.Born in Stockton, California, Leighton received a B.A. from Whitworth College in 1973 and a J.D. from the University of California, Hastings College of Law in 1976. He was in private practice in Tacoma, Washington from 1976 to 2002.On January...
ruled that Witt's constitutional rights had been violated by her discharge and that she must be reinstated to the Air Force. The government filed an appeal with the Ninth Circuit on November 23, but made no attempt to have the trial court's ruling stayed pending the outcome. Witt had hoped to return to her unit no later than January 2011.
In a settlement announced on May 10, 2011, the Air Force agreed to drop its appeal and remove Witt's discharge from her military record. She will retire with full benefits.