( CNN ) -- 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 `` do n't ask , do n't tell '' policy . Judge Ronald Leighton of Tacoma , Washington , made his ruling 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 . `` Her discharge from the Air Force Reserves violated her substantive due process rights under the Fifth Amendment to the United States Constitution . She should be restored to her position as a flight nurse with the 446th AES as soon as is practicable , '' wrote the judge . An Air Force spokesman said the Air Force believes that `` Major Witt 's discharge was fully consistent with the law and thus appropriate . '' `` While we are disappointed the district court judge did not agree that important Congressionally-recognized military interests were furthered by Major Witt 's discharge , we are pleased he allowed the government to develop a more detailed factual record for the appellate courts to consider , '' said Lt. Col. Todd Vician . The `` do n't ask , do n't tell '' policy enacted in 1993 prevents gay men and lesbians from openly serving in the military and bars officials from inquiring into a service member 's sexuality . The Senate this week temporarily turned aside legislation to repeal the law . Witt joined the Air Force in 1987 and was suspended in 2004 , after her superiors discovered her personal relationship with the civilian woman . At the time , she worked for an air-medical transport unit that evacuated and treated wounded soldiers . She 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 'do n't ask , do n't tell ' to Major Margaret Witt does not significantly further the government 's interest in promoting military readiness , unit morale and cohesion , '' he wrote . In 2006 , Leighton had ruled against Witt , but a federal appeals court had ordered him to take another look at the case . A six-day federal trial had wrapped up earlier this week , and Leighton had openly indicated he would likely rule in Witt 's favor . `` My colleagues -- my friends -- said , 'Ron , you got it wrong , '' ' Leighton said near the end of the trial , referring to his earlier decision . `` They told me what I needed to do , what I needed to ask . '' The judge is a 2002 Bush appointee . Witt 's lawyers from the ACLU 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 . `` Today we heard the hammer of justice strike for Major Margaret Witt , '' said ACLU of Washington Executive Director Kathleen Taylor . `` We look forward to the day when all members of our military can serve our country without invidious discrimination . To discharge her simply because of her sexual orientation was entirely unfair to her and unwise for the military , which needs her significant skills . '' Witt was released just before she was set to retire with full benefits . The judge rejected a separate argument from Witt that her procedural due process rights were violated . Leighton said the Air Force gave her full notice of the charges against her and she was given the opportunity to challenge the charges . Air Force lawyers argued the military -- not the courts -- was in the best position to evaluate and enforce the `` do n't ask , do n'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 . President Barack Obama is pushing for a repeal of the controversial policy . A bill that would overturn the measure after a Pentagon review is completed in December is currently before Congress . More than 12,500 gays have been booted from the military since `` do n't ask , do n't tell '' went into effect .
NEW : Air Force : `` Witt 's discharge was fully consistent with the law '' The judge says Witt 's discharge violated constitutional due process rights . She was a decorated flight nurse with 20 years of service . Judge : Her dismissal did not promote military readiness , unit morale or cohesion .