The Air Force said Wednesday it might still seek to block a court's ruling ordering the reinstatement of a flight nurse discharged under “Don't Ask, Don't Tell,” the 17-year-old law that bans gay and bisexual troops from serving openly.

The Obama administration on Tuesday appealed a court's ruling in favor of Major Margaret Witt but did not seek a stay of U.S. District Court Judge Ronald B. Leighton's order reinstating Witt to her unit.

“To date, she has provided the Air Force no evidence that she meets the qualifications necessary to serve as an Air Force flight nurse, nor has she passed a medical physical, which is also a prerequisite to her reinstatement,” an Air Force spokeswoman told

“If Major Witt shows that she meets the prerequisites to her reinstatement at some time in the future, the Air Force, DoD and DoJ will re-evaluate whether or not to seek a stay of the judge's ordered reinstatement, pending appeal of the case,” Lt. Col. Karen Platt added.

Leighton ruled in September that Witt's sexual orientation had not negatively impacted her unit's morale or cohesion as the military had argued.

The American Civil Liberties Union (ACLU), which is representing Witt in court, said its client would have no problems meeting the military's guidelines.

“We foresee no problem about Major Witt getting reinstated,” Doug Honig of the ACLU's Washington state chapter said. “Once we discuss this with the Air Force, present evidence meeting the nursing hours requirements, and Major Witt passes the physical – all of which will happen – we would be shocked if the Air Force were suddenly to seek to stay her reinstatement.”

Witt was expelled from the military for “homosexual conduct” after her commanders learned she was involved in a lesbian relationship.