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A federal judge has ordered the reinstatement of an openly lesbian former Air Force major who was dismissed from the military under the government's "don't ask, don't tell" policy.

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From 1997 to 2003, Major Witt was in a committed relationship with another woman, a civilian. In the summer of 2004, Major Witt was notified that the Air Force had begun an investigation into an allegation that she had engaged in homosexual conduct. In November 2004, Major Witt was placed on unpaid leave and told she could no longer participate in any military duties, pending formal separation proceedings. In March 2006, the Air Force informed Major Witt that she was being administratively discharged on grounds of homosexual conduct.

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Judge Ronald Leighton of Tacoma, Washington, made his ruling in her favor Friday. It is the latest legal and political setback for the Obama administration, which is seeking to end the policy through a legislative and executive solution.

Maj. Margaret Witt, a decorated flight nurse with 20 years of service, had sued to return to the Air Force Reserve. She was honorably discharged in July 2007 on the grounds that she had a six-year relationship with another woman, a civilian.

Witt was described in employee reports and by trial witnesses as an "exemplary officer" who was an effective leader, caring mentor, and skilled clinician. She had hid her homosexuality for years.

The judge found no compelling reason for her dismissal.

"The application of 'don't ask, don't tell' to Major Margaret Witt does not significantly further the government's interest in promoting military readiness, unit morale and cohesion," he wrote.

Witt's lawyers argued that the Spokane native's sexuality never led to any problems within her unit. Several members of her squadron had testified they would welcome her back.

Witt was released just before she was set to retire with full benefits.

Air Force lawyers argued the military -- not the courts -- was in the best position to evaluate and enforce the "don't ask, don't tell" policy. A federal judge in California earlier this month had similarly ruled the policy unconstitutional. That judge will soon rule on whether the Pentagon will be barred from enforcing it.

More than 12,500 gays have been booted from the military since "don't ask, don't tell" went into effect.

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“This judge found that, as many have been saying for years, the policy serves no legitimate governmental purpose, and in fact it is harmful to the military and our troops. This is the most powerful statement yet that DADT is unconstitutional, as well as bad law, and that our country has moved well beyond it.”

“In 2008 the U.S. Court of Appeals for the Ninth Circuit ruled that the Air Force must prove that discharging Major Witt is necessary for purposes of military readiness. While the ruling left in place the military’s “Don’t Ask, Don’t Tell” policy, the court found that before discharging a soldier, the military must prove that the individual’s conduct actually hurt morale and unit cohesion."

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Major Witt has served in the Persian Gulf, has received many medals and commendations, and has always had superb evaluations from her superiors. In 1993, she was selected to be the “poster child” for the Air Force Nurse Corps recruitment flyer.

Major Witt served in Oman during Operation Enduring Freedom and received a medal from President Bush, who noted that she had delivered “outstanding medical care” to injured service members and that her “outstanding aerial accomplishments … reflect great credit upon herself and the United States Air Force.” In 2003, Major Witt received another medal for saving the life of a Defense Department employee who collapsed aboard a government chartered flight from Bahrain.

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