Gayer v. Schlesinger

(concurring) :*

I join in Judge Fahy’s opinion as the opinion of the court. It identifies key problems. My addition here relates to matters not discussed by Judge Fahy which I think may be pertinent.

The Government agreed that it was not relying on homosexuality as a reason per se, in and of itself, for denying tKe clearance requested.1 The applicant’s own public revelation avoids the usual blackmail threat, of disclosure of homosexuality, ordinarily relied upon as a reason for such denial. That does not necessarily end the inquiry, but it suffices to establish that if the agency seeks to…