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Justice dept. orders INS to keep gays out
"Gays Keep Out" is the policy of the Immigration and Naturalization Service at U.S. borders once again as a result of a ruling last month by the U.S. Justice Department. A 1952 law requires the INS to exclude gay foreigners from entering the United States.
The McCarthy-era immigration statute says that foreigners can be denied entry to the United States in case of "psycopathic personality" or "sexual deviation."
On Aug. 1, following public controversy over a number of cases in which INS excluded foreign gay tourists, U.S. Surgeon General Dr. Julius Richmond: director of the Public Health Service, ordered PHS medical personnel to stop conducting psychiatric examinations of foreigners suspected of being gay. Richmond relied on a 1973 decision by the American Psy-
chiatric Association that homosexuality does not indicate mental illness. ..
Two weeks later, INS Acting Director David Crosland, declared a temporary halt to exclusion of gays, asking the Justice Department to rule whether Richmond's order to stop the testing was legal.
In December, the Department ruled that Richmond was wrong. and that the 1952 law still requires that gays be excluded. it ordered INS to keep foreign gays out of the country.
"We are shocked and dismayed." Don Knutson, executive director of Gay Rights Advocates, told a Dec. 27 press conference in San Francisco. "We had been assured by government officials at the highest level that we would have an opportunity to reply to the Justice Department opinion before the immigration
⚫
service would resume the process of excluding homosexual aliens."
Knutson, who had been involved in consultations with the Justice Department on the matter, said that his organization will file suit to stop the exclusion of gays.
Sen. Alan Cranston of California said he plans to introduce a bill in the U.S. Senate to permit the entry of gay aliens.
The INS exclusion of gays caused considerable concern in the Midwest last summer after INS officials in Detroit turned back a number of Canadian women who had wanted to enter Michigan. to attend a women's music festival. After lengthy interrogation, the women were excluded on the basis of homosexuality.
Courtesy of Columbus Free Press
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Keep them out anyway, says Harmon
WASHINGTON, D.C. (IGNA)The Justice Department's legal cunsel has ruled that the Immigration and Naturalization Serice should not admit known homosexuals into the United States until Congress removes a 1952 anti-Gay provision from federal laws.
John M. Harmon told The San • Francisco Chronicle that enforcement of the anti-homosexual provisions of the law is required even if the agency no longer receives the cooperation of the
U.S. Surgeon General and the Public Health Service. That would mean that the certification process would be left in the hands of immigration officials.
Harmon's decision confronts gay rights organizations with several choices: They can try to have Congress change the law in light of recent medical findings that homosexuality is not a sign of a "psychopathic personality." they can sue in Federal Court to challenge Harmon's conclu-
sions, or they can take stronger measures if all else fails.
Harmon said that the finding of the American Psychiatric Association that homosexuality is not a mental illness is legally irrelevant.
Likewise, this new ruling ignores the APA's decision of last July to consider guilty of Unethical conduct any members who participate in Immigration medical exams aimed at determining homosexuality
Gay marriages ruled illegal
LOS ANGELES Federal judge Irving Hill has ruled that Gay inarriages are illegal, upholding the opinion of the Colorado Attorney General's office that a marriage license was issued to Anthony Sullivan and Richard Adams in error.
Sullivan and Adams obtained a license and were married in Colorado in 1975 after a court clerk agreed with them that the state's marriage law, using the term "spouse" rather than husband and wife, permitted gay marriages.
Sullivan, founder of the Los Angeles based "We Are Everywhere International," has been leading a campaign to revise American immigration laws that discriminate against homosex dals.
While his lover Adams is an American citizen, Sullivan is an Australian national, and faces deportation in the wake of the Federal Court decision.
The Immigration and NaturaliPatton Service informed Sullivan e: their intent to deport him in 1975, shortly after their marriage "You have failed to. establish that a bona fide marital relationstrip can exist between two fag9." read the letter. The Immigration and Naturaliation service has been ordered by the Justice Department to enforce laws banning homosexuals from the United States under the category of "psychopathic personalities," even
.
though any doctor cooperating with the order could face professional disciplinary action for misconduct.
Sullivan said the ruling denies homosexuals due process and equal protection of the law in that homosexuals who wish to marry are not getting the benefit of the law.
"We have relationships and we need protection," Sullivan said. "If we don't win this case we'll either have to separate or live in exile," if a planned appeal fails.
'The word spouse means a relationship between a man and a woman," said U.S. District Judge. Irving Hill.
Gay parents rated
Gay parents makes a difference, it may not make a child homosexual, but it does make the child less sexist UC San Francisco School of Nursing's Beverly Hoeffer. studied the children of Lesbian parents using the Sex Role Concept Scale, Children evaluated themselves by traditional gender role model factors termed "male valued" and "female-valued." She found 40 percent of the sons of lesbians scored as feminine.
being more gentle and more senIsitive to other people's feelings. Fifty percent of the daughters of lesbians scored as s e x-t y pe masculine, with more leadership and outgoing qualities. None of the non-gay mothers' children so scored. Hoeffer says "Lesbian' mothers were more willing than heterosexual single mothers to encourage cross-gender sex. role traits and behavior"
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U.S. Ayatollah supporters denounce gays
WASHINGTON, DC (BAR) Iranian supporters of the Ayatollah Khomeini are distributing anti-gay literature in the United States. Recently, pamphlets denouncing gays turned up in. Washington, DC. Entitled "Muslims in America support the Ayatollah Khomeini" and signed "The Islamic Community in the United States," the pamphlet bitterly attacked the U.S. for its tolerance of homosexuals.
The pamphlet begins with a sharp attack on American moral character. Proclaim the pamphlet's authors, "with at least 1020 million publically (sic) confessed homosexuals and lesbian perverts as U.S.citizens, the United States and people, in sexually
related moral social terms, represents the most morally exhausted and socially diseased (sic) country in the history f mankind. America's so-called greatness is immediately vold by its population explosion of homosexuality which stretches from the highest stratas of the U.S..
Congress and corporate enterprises, to the lowest gutter of the American street."
The authors conclude: “Ethnicially speaking. Americans are social maggots and the United States Capitol (sic) building is an earth-wort (sic) temple in dedication to the material and cultural exploitation of third world people.
Aid for Gay Iranians
Gay Iranians, both men and ⚫ women, who face deportation may be able to use their homosexuality as a defense to remain in the United States. Because of the execution of gay men in Iran earlier this year, openly gay Iranian students may assert that they would be in danger by returning to their homeland. A hardship petition may be successful in delaying or defeating deportation under these circumstances.
Any alien already in the country who has passed through Immigration is entitled to due process of law. In the past, hearing examiners in deportation cases have ruled in favor of homosexual aliens who lives are in danger. With the discontinuation of barring the entry of gays by the Immigration and Naturalization Service, the possibility of
avoiding deportation is even stronger.
The International Gay Association (not to be confused with the International Gay News Agency) is willing to work with local American groups to assist those lesbian and gay male Iranians to secure legal counsel. If a gay student should somehow be deported from the United States or feels that it is impossible to raise his/her homosexuaity as an issue during a public hearing, the IGNA will try to locate, through its European member organizations, another host country.
Your identity will be kept strictly confidential. Contact: Gay Communty Center/1469 Church St. NW/Washington DC 20005. Tel: (202) 234-6268.
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