Witt v. Department of the Air Force: Don’t Ask, Don’t Tell

From: Findlaw Opinion Summaries May 21, 2008.

Fed. Appeals Court Rules Strict Scrutiny Applies in “Don’t Ask, Don’t Tell” Cases
WITT V. DEP’T OF THE AIR FORCE

“(U.S. 9th Cir., May 21, 2008) – In a suit brought against the Air Force challenging the ‘Don’t Ask, Don’t Tell’ (DADT) policy after plaintiff was suspended from duty as an Air Force reservist nurse because of her sexual relationship with a civilian woman, dismissal of the suit for failure to state a claim is reversed in part where: 1) the DADT, after Lawrence v. Texas, 539 U.S. 558 (2003), must satisfy an intermediate level of scrutiny under substantive due process; and 2) such inquiry requires facts not present on the record before the circuit court.”