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WITT v. DEPARTMENT OF AIR FORCE

No. 06-35644.

527 F.3d 806 (2008)

Margaret WITT, Major, Plaintiff-Appellant, v. DEPARTMENT OF THE AIR FORCE; Robert M. Gates, Secretary of Defense; Michael W. Wynne, Secretary, Department of the Air Force; Mary L. Walker, Colonel, Commander, 446th Aeromedical Evacuation Squadron, McChord AFB, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2008.

Attorney(s) appearing for the Case

James E. Lobsenz, Carney Badley Spellman, P.S., Seattle, WA, for the appellant.

Aaron H. Caplan, ACLU of Washington, Seattle, WA, for the appellant.

Peter Keisler, Attorney General, Department of Justice, WA, DC, for the appellees.

Anthony J. Steinmeyer, Assistant Branch Director, Appellate Staff, Civil Division, Department of Justice, Washington, DC, for the appellees.

Before: WILLIAM C. CANBY, Senior Circuit Judge, SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.

GOULD, Circuit Judge:

Plaintiff-Appellant Major Margaret Witt ("Major Witt") sued the Air Force, the Secretary of Defense, the Secretary of the Air Force, and her Air Force commander ("the Air Force") after she was suspended from duty as an Air Force reservist nurse on account of her sexual relationship with a civilian woman. Major Witt alleges that 10 U.S.C. § 654, commonly known as the "Don't Ask, Don't Tell" policy ("DADT"), violates substantive due process...

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