The ruling made it more difficult for service members in the Ninth Circuit's jurisdiction to be expelled under DADT, requiring the government to show actual harm in the specific unit in question.

In March 2006 Witt was advised that discharge proceedings were being initiated against her for homosexuality and in April of that year she filed suit in the United States District Court for the Western District of Washington seeking declaratory and injunctive relief on the grounds that DADT violates substantive due process, the Equal Protection Clause, and procedural due process.

District judge Ronald B. Leighton dismissed Witt's suit under Federal Rule of Civil Procedure 12(b)(6) for "failure to state a claim".

The Obama administration declined to appeal, allowing a May 3, 2009, deadline to pass and leaving Witt as binding on the entire Ninth Circuit.

[3] On September 24, 2010, District Judge Ronald B. Leighton ruled that Witt's constitutional rights had been violated by her discharge and that she must be reinstated to the Air Force.

[7] The government filed an appeal with the Ninth Circuit on November 23, but made no attempt to have the trial court's ruling stayed pending the outcome.

[9] In a settlement announced on May 10, 2011, the Air Force agreed to drop its appeal and remove Witt's discharge from her military record.