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WITT v. U.S. DEPT. OF AIR FORCE

No. C06-5195 RBL.

444 F.Supp.2d 1138 (2006)

Major Margaret WITT, Plaintiff, v. UNITED STATES DEPARTMENT OF the AIR FORCE; Donald H. Rumsfeld, Secretary of Defense; Michael W. Wynne, Secretary of the Department of Air Force; and Colonel Mary L. Walker, Commander, 446th Aeromedical Evacuation Squadron, McChord AFB, Defendants.

United States District Court, W.D. Washington, at Tacoma.

July 26, 2006.

Attorney(s) appearing for the Case

Aaron H. Caplan, American Civil Liberties Union of Washington, James E. Lobsenz, Nichole D. McCraw, Carney Hadley Spellman, Seattle, WA, for Plaintiff.

Peter J. Phipps, U.S. Department of Justice, Washington, DC, Marion J. Mittet, U.S. Attorney's Office, Seattle, WA, for Defendants.

ORDER

LEIGHTON, District Judge.

THIS MATTER is before the court on Plaintiff's Motion for a Preliminary Injunction [Dkt. # 8] and Defendants' Motion to Dismiss under Fed.R.Civ.P. 12(b)(6) [Dkt. # 24]. At issue is the constitutionality of 10 U.S.C. § 654, the so called "Don't Ask, Don't Tell" ("DADT") policy regarding homosexuals in the military.

Plaintiff argues primarily that the Supreme Court...

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