Homosexual ban must be applied, lawyers rule

Press, 28 December 1979, Page 6

Homosexual ban must be applied, lawyers rule

NZPA-Reuter Washington United States Justice Department lawyers have concluded that the Immigration and Naturalisation Service must enforce a statutory ban on the admission of homosexual foreigners to the (United States even though (the head of the Public Health Service says homosexuality is no longer considered a “mental disease or defect.” Mr John Harmon, Assistant Attorney-General for the Office of Legal Counsel, conceded that there might be practical difficulties in enforcement because the Public (Health Service will no (longer examine aliens for 'indications of homosexuality. ( But he said that “the (I.N.S. is statutorily required Ito enforce the exclusion of (homosexual aliens” because I that policy had been decreed by Congress. Mr Charles Brydon, coexecutive director of the National Gay Task Force, based in New York, said he was very disappointed. He said he hoped Justice Department officials would refrain from enforcing the ban until they had met with homosexual-rights advocates, but department officials would not confirm any such agreement. Mr Harmon’s ruling was contained in a confidential memorandum to Mr David Crosland, acting commissioner of the Immigration Service, who had asked Mr Harmon’s office for legal advice. That office functions as lawyer for the AttorneyGeneral. Its opinions, in the absence of a court ruling to the contrary, are normally

binding on the Executive branch of the Government. Immigration officials did not have a count of the people excluded from the country because they were believed to be homosexual. Mr Crosland said that the number was evidently small because only 31 people had been excluded for all medical and psychiatric reasons from 1971 to 1978. However, several cases have attracted public interest this year. The medical view of homosexuality was officially changed in December, 1973, when, trustees of the American Psychiatric Association declared that it was not a mental disorder.

The Surgeon-General of the United States (Dr Julius Richmond) announced last (northern) summer that homosexuality would no longer be considered a “mental disease or defect” by Government physicians. He said immigration officers would be advised to stop referring aliens to the Public Health Service solely on the basis of suspected homosexuality. The change in policy by the Public Health Service came after a court challenge by Mr Carl Hill, a London antique restorer who arrived at San Francisco Airport last (northern) summer wearing a “Gay Pride” button. In reply to an immigra'tion officer who inquired, Mr Hill said that he was a homosexual. He was then told that he could not enter the country. The Justice Department dropped its case against Mr Hill after the Health Service announced its new policy on August 2.