Boutilier v. Immigration and Naturalization Service

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
Chief Justice Earl Warren Associate Justices Hugo Black · William O. Douglas Tom C. Clark · John M. Harlan II William J. Brennan Jr. · Potter Stewart Byron White · Abe Fortas
Case opinions
Majority	Clark, joined by Warren, Black, Harlan, Stewart, White
Dissent	Brennan
Dissent	Douglas, joined by Fortas
Abrogated by
Immigration Act of 1990

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.^[1] 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."^[2] The decision was abrogated by the Immigration Act of 1990, which rejected sexual orientation as a basis for excluding an individual from immigration.^[3]