A federal judge ruled Friday that a decorated flight nurse discharged from the Air Force for being a lesbian should be given her job back as soon as possible in the latest legal setback to the military’s “don’t ask, don’t tell” policy.This isn't the first recent successful legal challenge to "Don't Ask, Don't Tell." Two weeks ago, a judge in Riverside, California ruled that the policy is unconstitutional as a violation of the First Amendment.
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A judge in 2006 rejected Major Witt’s claims that the Air Force violated her rights when it fired her. An appeals court panel overruled that judge two years later, leaving it to Judge Leighton to determine whether her firing met that standard.
The issue will not likely be settled until either Congress or the Supreme Court affirmatively have their say. That said, as the cases pile up questioning the propriety of the policy, implementation may become less feasible.
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