By Serrasco

A recent issue of

Metra reported that the Ninth Circuit Court of Appeals had issued a ruling that was heralded as a victory for gay rights. In Hill v Immigration and Naturalization Service (714 F2D 1470; 52 L W 2165 [1983]) the Ninth Circuit decided that the Public Health Service would have to issue a certification that a person suffered from a medical disorder before s/he could be excluded. This meant that homosexuals could no longer be excluded solely on the basis of sexual orienta-

tion without evidence and certification of psychopathic personality. The Fifth Circuit Court of Appeals has issued an opinion contrary to the Ninth Circuit. Such splits of opinion require a ruling by the U.S. Supreme Court before they can be considered authoritatively resolved.. In the case In Re Longstaff, decided on September 28, 1983, a successful Texas businessperson applied for U.S. citizenship. He came to the U.S. in 1965 and remains a British citizen today because his application was denied. The court ruled that he had been permitted to enter the U.S. illegally and, therefore, cannot now be naturalized. He was denied naturalization on the grounds that he had engaged in homosexual activity prior to being admitted to the U.S. Even though the Public Health Service no longer considers homosexuality a mental disease or defect

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Immigration Ruling

On Gays Creates Split

and, therefore, refuses to certify that gays are automatically "psychopathic". the court said that the term "psychopathic personality" included homosexuality in 1967. Congress has done nothing to change this policy. The court asserted that:

Congress has the legal right to exclude aliens for any discriminatory reason it chooses. As the Immigration and Naturalization Act stands, Congress may legally discriminate against

homosexuals by refusing them entry and/or refusing them citizenship in the U.S. This is particularly disturbing when one realizes that many thousands of South American homosexuals are attempting to escape from their countries because of police-sponsored violence and murder against gays.

"If only certification of homosexuality by a medical officer could warrant exclusion of homosexuals, then the Surgeon General would have effectively checkmated Congressional

policy."

The Court went on to suggest that if this Congressional policy is misguided, Congress, and not the Courts, must change the policy. This case provides an example of why the argument of U.S. Senator Don Riegle to Michigan gay leaders a few months ago is incorrect. Riegle suggested that gays should rely on the courts. rather than Congress to win their civil rights. Longstaff conceded, in his court case, that Congress has the legal right to exclude aliens for any discriminatory reason it chooses. As the Immigration and Naturalization Act

stands, Congress may legally discriminate against homosexuals by refusing them entry and/or refusing them citizenship in the U.S. This is particularly disturbing when one realizes that many thousands of South American homosexuals are attempting to escape from their countries because of policesponsored violence and murder against gays. Michigan gay rights supporters are urged to write to Senator Riegle as well as U.S. Senator Carl Levin and their local congresspersons to urge changes in the Immigration and Naturalization Act.

Ohio Gays Make Political Inroads

By Craig Covey Columbus elections this past month brought several important victories for the Lesbian and Gay community. While the en-. dorsed candidate for mayor didn't win, proGay candidates won three of four council races. Victorious were Democrats Jerry Hammond and John Maloney and Republican Arlene Shoemaker, all endorsed by Stonewall Pac of Ohio. Columbus City Council has now six of its seven members on record as being proGay rights.

Gay people also helped in a big way defeat state issues 1, 2, and 3.

Issue 1 would have raised the beer drinking age from 19 to 21. Stonewall PAC, ERGDC of Cleveland, and members of all the Columbus Gay bars as well as the staff at METRA all worked hard to defeat issue 1. Polls showed the issue winning but on election day the proposed law was crushed by a landslide.

Stonewall PAC won eight out of fourteen contested races. This 60% win rate is impressive and bodes well for future Gay rights legislation as well as increased Gay participation in local, state, and national elections. Now its on to the 1984 Democratic Convention in sunny San Francisco.

Watch Out!

They're Coming Back!

MUSIC HALL CENTER for the performing ARTS

The fabulous LES BALLETS TROCKADERO DE MONTE CARLO returns to Detroit's historic MUSIC HALL CENTER for special holiday performances December 28th thru 31st

Make plans now to spend the season with THE TROCKS. All Showtimes at 8:00 pm

Ticket information (313) 963-7680 Group Rates (313) 963-7622 Visa, Mastercard & American Express (313) 963-7680

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