Editing Don't ask, don't tell (section)

===''Witt v. Department of the Air Force''===
In April 2006, Margaret Witt, a major in the [[United States Air Force]] who was being investigated for homosexuality, filed suit in the [[United States District Court for the Western District of Washington]] seeking [[Declaratory relief|declaratory]] and [[Injunction|injunctive relief]] on the grounds that DADT violates substantive [[due process]], the Equal Protection Clause, and procedural due process. In July 2007 the [[United States Secretary of the Air Force|Secretary of the Air Force]] ordered her honorable discharge. Dismissed by the district court, the case was heard on appeal, and the Ninth Circuit issued its ruling on May 21, 2008. Its decision in ''[[Witt v. Department of the Air Force]]'' reinstated Witt's substantive-due-process and procedural-due-process claims and affirmed the dismissal of her Equal Protection claim. The Ninth Circuit, analyzing the Supreme Court decision in ''[[Lawrence v. Texas]]'' (2003), determined that DADT had to be subjected to heightened scrutiny, meaning 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 [[Presidency of Barack Obama|Obama administration]] declined to appeal, allowing a May 3, 2009, deadline to pass, leaving ''Witt'' as binding on the entire Ninth Circuit, and returning the case to the District Court.<ref>{{cite news |last= Bravin |first= Jess |author2= Laura Meckler |title= Obama Avoids Test on Gays in Military |work= [[The Wall Street Journal]] |date= May 19, 2009 |url= https://www.wsj.com/articles/SB124268952606832391 |access-date= July 24, 2010}}</ref> 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.<ref name="judgeorders">{{cite news |last= Johnson |first= Gene |agency=[[Associated Press]] |title= Judge orders lesbian reinstated to Air Force – Case challenges 'Don't ask, don't tell' policy |work= [[NBC News]] |date= September 24, 2010 |url= https://www.nbcnews.com/id/wbna39349633 |access-date= September 24, 2010 }}</ref>

The government filed an appeal with the Ninth Circuit on November 23, but did not attempt to have the trial court's ruling stayed pending the outcome.<ref>{{cite news|title=DOJ Appeals Lesbian's Reinstatement to Air Force|url=https://www.cbsnews.com/news/doj-appeals-lesbians-reinstatement-to-air-force/|archive-url=https://archive.today/20130119060615/http://www.cbsnews.com/2100-201_162-7084333.html|url-status=live|archive-date=January 19, 2013|access-date=December 29, 2012|newspaper=CBS News|date=November 24, 2010}}</ref> 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.<ref>''Seattle Post Intelligencer'': Pulkkinnen, Levi (May 10, 2011). [http://www.seattlepi.com/local/article/Pentagon-settles-with-McChord-major-fired-for-1373728.php "Pentagon settles with McChord major fired for being lesbian"]. Retrieved May 12, 2011</ref>