Victory in case of Major Margaret Witt

Issue: Sexual Orientation and Gender Identity
Document Type: Analysis Brief
Date: 2008

Major Witt was suspended from duty as an Air Force reservist nurse on account of her sexual relationship with a civilian woman.

She alleged that the “Don’t Ask, Don’t Tell” policy of the US military, violated substantive due process , the Equal Protection Clause and procedural due process. A district court dismissed her suit under a US Federal Rule of Civil Procedure. In this judgment, the US Court of Appeal for the 9th Circuit substantially reversed this decision and remanded the case to be tried with stipulations on the standards that should be pursued in such a trial. This is the judgment of the case and the ICJ amicus brief

US-Brief of Amicus Curiae International Commission of Jurists on the case of Major Witt-Analysis briefs-2008 (full text, PDF)

US-Court of Appeals for the 9th Circuit-Report-2008 (full text, PDF)

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