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Don't Ask the 1st, Don't Tell the 9th


October 17, 2008 12:45pm - 2:00pm


James Lobsenz, an attorney for Carney, Badley, Spellman in Seattle, will provide an insider's perspective on the pending appeals court litigation pertaining to the military's "Don't Ask, Don't Tell" policy.

Mr. Lobsenz will talk about his work as the lead plaintiff's attorney in Witt v. US Dept. of the Air Force. In this case, currently pending petition for rehearing en banc, the 9th Circuit ruled that the government did not meet its burden to show that Major Witt's homosexuality disrupted unit cohesion and morale and therefore failed to justify its discharge of Major Witt from the Air Force after eighteen years in service.

Mr. Lobsenz will also provide analysis of the 1st Circuit's decision in Cook v. Gates that runs counter the 9th Circuit's decision in Witt v. Air Force.