Boutilier v. Immigration and Naturalization Service

Boutilier v. Immigration and Naturalization Service  (1967) 
Court Documents
Dissenting Opinion

United States Supreme Court

387 U.S. 118

Boutilier  v.  Immigration and Naturalization Service

Certiorari to the United States Court of Appeals for the Second Circuit

No. 440  Argued: March 14, 1967 --- Decided: May 22, 1967

Petitioner, an alien who at the time of his entry into the United States was a homosexual, held excludable under 212 (a) (4) of the Immigration and Nationality Act of 1952, as one "afflicted with [a] psychopathic personality," a term which Congress clearly intended to include homosexuals. Pp. 120-125.

363 F.2d 488, affirmed.

Blanch Freedman argued the cause for petitioner. With her on the briefs was Robert Brown.

Nathan Lewin argued the cause for respondent. On the brief were Solicitor General Marshall, Assistant Attorney General Vinson and Philip R. Monahan.

Briefs of amici curiae, urging reversal, were filed by David Carliner, Nanette Dembitz and Alan H. Levine for the American Civil Liberties Union et al., and by the Homosexual Law Reform Society of America.

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).