In April 2006, Margaret Witt, a major in the United States Air Force who was being investigated for homosexuality, 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. In July 2007 the Secretary of the Air Force ordered her honorable discharge. Dismissed by the district court, the case was heard on appeal, and the Ninth Circuit issued its ruling on May 21, 2008. Its decision in Witt v. Department of the Air Force reinstated Witt's substantive-due-process and procedural-due-process claims and affirmed the dismissal of her Equal Protection claim. The Ninth Circuit, analyzing the Supreme Court decision in Lawrence v. Texas (2003), determined that DADT had to be subjected to heightened scrutiny, meaning that there must be an "important" governmental interest at issue, that DADT must "significantly" further the governmental interest, and that there can be no less intrusive way for the government to advance that interest.
