In 1952, Congress passed the Immigration and Nationality Act. It was vetoed by President Truman, but his veto was overridden by Congress. Among the provisions of the act was one that prohibited immigration by anyone "afflicted with [a] psychopathic personality." This ruling has been effectively abrogated by the Immigration Act of 1990.

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  • List of LGBT-related cases in the United States Supreme Court (en)
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  • In 1952, Congress passed the Immigration and Nationality Act. It was vetoed by President Truman, but his veto was overridden by Congress. Among the provisions of the act was one that prohibited immigration by anyone "afflicted with [a] psychopathic personality." This ruling has been effectively abrogated by the Immigration Act of 1990. (en)
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  • In 1952, Congress passed the Immigration and Nationality Act. It was vetoed by President Truman, but his veto was overridden by Congress. Among the provisions of the act was one that prohibited immigration by anyone "afflicted with [a] psychopathic personality." Three years later, Clive Boutilier and his family immigrated from Canada to the United States. Eight years after that, Boutilier applied for citizenship in the United States, but in his application he revealed that he had been arrested on a sodomy charge in New York City in 1959. An investigator for the Immigration and Naturalization Service (INS) asked him questions about his sexual history. Boutilier revealed that his first homosexual encounter was when he was 14, that he had additional homosexual encounters in Canada, and that he had engaged in both homosexual activity and some heterosexual activity while living in the U.S. The INS sent a file containing details of the interview to the Public Health Service (PHS), asking for a review. In 1964, the PHS issued a certificate, returned to the INS, concluding that Boutilier "was afflicted with a class A condition, namely, psychopathic personality, sexual deviate, at the time of his admission to the United states for permanent residence on June 22nd, 1955." The INS began deportation proceedings to send Clive Boutilier back to his native Canada. Fighting against deportation, Boutilier eventually brought his case up to be reviewed by the Supreme Court of the United States. He argued that the Immigration and Naturalization Act of 1952 was not intended to exclude homosexuals from the United States, and that the act was too unconstitutionally vague to be a permissible basis for deporting homosexuals. But on May 22, 1967, Boutilier v. Immigration and Naturalization Service was handed down, and Boutilier lost. The Court divided by 6 to 3; Justice Tom C. Clark wrote the majority opinion, supported by Chief Justice Earl Warren, Hugo Black, John Marshall Harlan II, Potter Stewart, and Byron White. Justices William O. Douglas, William Brennan, and Abe Fortas dissented. Justice Clark wrote that there was clear legislative history to indicate that Congress did intend to include homosexuality in the act's terminology of "psychopathic personality," and that the act was not too vague. This ruling has been effectively abrogated by the Immigration Act of 1990. (en)
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