District judge Ronald B. Leighton dismissed Witt's suit under Federal Rule of Civil Procedure 12(b)(6) for "failure to state a claim".
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The United States Court of Appeals for the Ninth Circuit ruled in 2008 that under Lawrence v. Texas DADT constitutes an "attempt to intrude upon the personal and private lives of homosexuals" and it is subject to "heightened scrutiny", meaning that the government "must advance an important governmental interest, the intrusion must significantly further that interest, and the intrusion must be necessary to further that interest."
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