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May 04, 2009

Justice Dept does the right thing in Witt case

According to the Washington Blade, the Justice Department has decided not to seek review in the Supreme Court in Witt v. United States, in which the 9th Circuit had ruled that in order for Major Witt's discharge to be valid, the government will have to prove that her presence caused actual harm to unit cohesion.

More explanation of the context and consequences is here. The bottom line is that this is the best outcome for lgbt advocates, both in and out of court.  It prevents the case from going now to the Supreme Court, which is a graveyard for challenges to military policies, and keeps the case alive in the lower courts, where it can be used to bring pressure on Congress to repeal DADT.

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