Boutilier v. Immigration and Naturalization Service
Boutilier v. Immigration and Naturalization Service, 387 U.S. 118 (1967), was a United States Supreme Court case in which the Court upheld Clive Michael Boutilier's deportation from the United States under the Immigration and Nationality Act of 1952 due to his history of homosexual activities. The Act itself did not specify homosexuality among its exclusion criteria, but the Court held that Congress clearly intended that a homosexual individual be excluded from entry into the United States as one "afflicted with [a] psychopathic personality." The decision was abrogated by the Immigration Act of 1990, which rejected sexual orientation as a basis for excluding an individual from immigration.
| Boutilier v. Immigration and Naturalization Service | |
|---|---|
Supreme Court of the United States | |
| Argued March 14, 1967 Decided May 22, 1967 | |
| Full case name | Clive Michael Boutilier v. Immigration and Naturalization Service |
| Citations | 387 U.S. 118 (more) 87 S. Ct. 1563; 18 L. Ed. 2d 661 |
| Argument | Oral argument |
| Case history | |
| Prior | Boutilier v. Immigration and Naturalization Service, 363 F.2d 488 (2d Cir. 1966); cert. granted, 385 U.S. 927 (1966). |
| Holding | |
| An alien who was a homosexual at the time of entry into the United States can be excluded from immigration under the Immigration and Nationality Act of 1952. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Clark, joined by Warren, Black, Harlan, Stewart, White |
| Dissent | Brennan |
| Dissent | Douglas, joined by Fortas |
Abrogated by | |
| Immigration Act of 1990 | |
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