Visit Your Local PBS Station PBS Home PBS Home Programs A-Z TV Schedules Watch Video Donate Shop PBS Search PBS
The Supreme Court The Supreme Court - Image of hands holding a gavel.
Check local listings
Home Timeline Games Supreme Court History
SUPREME COURT HISTORY
Law, Power & Personality
Supreme Inspiration
E-Mail this Page Glossary

Seeking Insights in the Great BooksSeeking Insights in the Great Books
The Bible Poetry Greeks & Romans Literature Philosophy Shakespeare Scientists, Futurists & Economists
Scientists, Futurists and Economists

Immigration and Homosexuality
Homosexuality is assuredly no advantage, but it is nothing to be ashamed of, no vice, no degradation, it cannot be classified as an illness.
Sigmund Freud

1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10
Boutilier

v.

Immigration and Naturalization Service
Immigration and Homosexuality

Justice Clark Opinion
May 22, 1967
Seal Of The Supreme Court
Excerpt:

The petitioner, an alien, has been ordered deported to Canada as one who upon entry into this country was a homosexual and therefore "afflicted with psychopathic personality."

... To label a group so large "excludable aliens" would be tantamount to saying that Sappho, Leonardo da Vinci, Michelangelo, Andre Gide, and perhaps even Shakespeare, were they to come to life again, would be deemed unfit to visit our shores. (3) Indeed, so broad a definition might well comprise more than a few members of legislative bodies.

Footnote 3: Sigmund Freud wrote in 1935:

"Homosexuality is assuredly no advantage, but it is nothing to be ashamed of, no vice, no degradation, it cannot be classified as an illness; we consider it to be a variation of the sexual function produced by a certain arrest of sexual development. Many highly respectable individuals of ancient and modern times have been homosexuals, several of the greatest men among them (Plato, Michelangelo, Leonardo da Vinci, etc.). It is a great injustice to persecute homosexuality as a crime, and cruelty too. If you do not believe me, read the books of Havelock Ellis." Ruitenbeek, THE PROBLEM OF HOMOSEXUALITY IN MODERN SOCIETY (1963).



NEXT BACK