And a federal appeals court has dealt a new setback to the military’s “don’t ask, don’t tell” policy barring openly gay servicemembers. On Wednesday, a three-judge panel ruled the Pentagon cannot automatically dismiss people because they’re gay. The judgment reinstates a lawsuit from Major Margaret Witt, who was dismissed in 2004 after it was revealed she had had a relationship with another woman. The court says the military must prove Witt’s removal improved army morale and cannot just dismiss her because of her sexual orientation.