Homosexual Ban Must Be Applied, Lawyers Rule (Press, 28 December 1979)

On 28 December 1979, the United States Justice Department confirmed that the Immigration and Naturalisation Service (I.N.S.) is required to enforce a ban on the admission of homosexual foreigners, despite recent changes in the perception of homosexuality by public health authorities. Mr John Harmon, the Assistant Attorney-General for the Office of Legal Counsel, acknowledged that while there may be practical challenges in enforcing this ban, particularly since the Public Health Service no longer conducts examinations for "indications of homosexuality," the I.N.S. is still bound by the statutory requirement set by Congress. Mr Charles Brydon, co-executive director of the National Gay Task Force from New York, expressed disappointment over the Justice Department's stance. He hoped that officials would delay enforcement of the ban until discussions could be held with homosexual-rights advocates, although the department did not confirm any plans for such meetings. The ruling was outlined in a confidential memorandum sent to Mr David Crosland, the acting commissioner of the Immigration Service, who sought legal advice from Harmon’s office. This office, typically functioning as counsel for the Attorney-General, offers insights that are usually binding on the Executive branch unless overturned by court action. While immigration officials did not keep track of the number of individuals denied entry due to their sexual orientation, it was noted that the number appeared to be small, with only 31 individuals excluded for medical and psychiatric reasons from 1971 to 1978. However, there have been several high-profile cases that have drawn public attention over recent years. The shift in the clinical understanding of homosexuality occurred in December 1973 when the American Psychiatric Association officially stated that homosexuality was not a mental disorder. Furthermore, Dr Julius Richmond, the Surgeon-General of the United States, proclaimed earlier in the summer of 1979 that homosexuality would no longer be classified as a "mental disease or defect" by government physicians. Following this declaration, immigration officials were to be instructed not to refer individuals to the Public Health Service solely based on suspicions of homosexuality. The change in policy from the Public Health Service stemmed from a legal challenge by Mr Carl Hill, an antique restorer from London, who was denied entry at San Francisco Airport while wearing a "Gay Pride" button and disclosed his sexual orientation to an immigration officer. The Justice Department eventually discontinued action against Mr Hill after the new policy was announced on August 2, 1979. This legal context underscores the ongoing challenges and complexities surrounding immigration policies related to sexual orientation at the time.

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