Lambda Legal

Summary

After a highly decorated 18-year career in the Air Force, Major Margaret Witt was discharged based on an allegation that she had engaged in sexual conduct with another woman: a civilian with whom she was in a committed relationship, in their home, miles from any military base. The ACLU of Washington sued, claiming that the “Don’t Ask, Don’t Tell” policy and its application to Witt, violates her rights of liberty and equal protectionEqual protection  the constitutional right to have the same access and be treated equally by the law (more keywords). Lambda Legal submitted a friend-of-the-court briefAmicus brief  Brief submitted by person or organization to advise court on a particular issue in the case (more keywords) to the Ninth Circuit Court of Appeals demonstrating that, because of the victory we achieved in Lawrence v. Texas, the government cannot demand that individuals completely sacrifice their constitutional right to sexual intimacy with a same-sex partner in order to serve in the armed forces.

Context

Over the last 10 years, the government on average has discharged more than 900 lesbian, gay and bisexual service members annually under the “Don’t Ask, Don’t Tell” policy. The military is the nation’s largest employer, and its antigay policy destroys careers, wastes tax dollars and deprives the nation of talented individuals who want to serve their country.

Lambda Legal's Impact

Lambda Legal has worked for more than three decades to support the liberty interests and equal treatment of those who seek to serve in the military. This case highlights the unfairness of selectively telling only gay people that they cannot serve and have any sexual intimacy with their partners. Lambda Legal’s victory in the Lawrence case provides authoritative weight to our friend-of-the-court brief explaining the effect of that victory on the military’s policy.

History

• April 2006 ACLU of Washington files lawsuit in federal district courtDistrict Court  A trial court for federal cases (more keywords) challenging the discharge of Major Margaret Witt and the constitutionality of the “Don’t Ask, Don’t Tell” law.
• July 2006 Federal district court denies Witt’s motion for a preliminary injunction and grants the government’s motionMotion  A formal request made to a judge for an order or judgment (more keywords) to dismiss.
• October 2006 Lambda Legal files friend-of-the-court brief with the Ninth Circuit Court of Appeals.