Legal Opinion
Authority of the Surgeon General to Direct the Public Health Service Not to Certify Arriving Homosexual Aliens as Possessing a "Mental Defect or Disease" Solely Because of Their Homosexuality
Department of Justice Office of Legal Counsel
Decided December 10, 1979Published
1Opinion of the Court
December 10, 1979 79-85 MEMORANDUM OPINION FOR THE ACTING COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE Immigration and Nationality Act ( 8 U.S.C. § 1182)—Immigration and Naturalization Service—Public Health Service—Homosexuality as Grounds for Exclusion This responds to your inquiry concerning the legal authority of the Surgeon General to direct the Public Health Service (PHS) medical of ficers' not to certify arriving homosexual aliens as possessing a “ mental defect or disease” solely because of their homosexuality. Under § 212(a)(4) of the Immigration and Nationality Act of 1952,…
2Cases cited6 opinions
- United States v. LarionoffSupreme Court of the United States · 1977
- Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
- Boutilier v. Immigration & Naturalization ServiceSupreme Court of the United States · 1967
- Fleuti v. RosenbergCourt of Appeals for the Ninth Circuit · 1962
- Lane Ex Rel. Cronin v. TillinghastCourt of Appeals for the First Circuit · 1930
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