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Unformatted text preview: 9.15.2011 Gay and Lesbian Exclusion Looking at gay and lesbian exclusion from the nation through the lens of migration- 1917 Asiatic Barred Zone o Barred the entry of all Asians (except Filipinos and excluded constitutional psychopathic inferiors and those with abnormal sexual instincts (biology)- 1950 Senate Hearings o Recommended the exclusion of classes of mental defectives [who are excludable] should be enlarged to include homosexuals and other sexual perverts (biology)- 1952 McCarran Walter Act o Eliminated the exclusion of foreigners based on race but it explicitly excluded aliens of the undesirable class and aliens who are ineligible to citizenship- Who are undesirable and ineligible? o aliens could be denied entry - In 1987, the INS explains what they mean by moral turpitude: o However not all morally offensive acts were to be considered crimes involving moral turpitude. Rape, incest, prostitution, and polygamy were definitely defined as such but not fornication and extramarital relations- Homosexuality was also included o The US courts had already determined this to be the case in 1967 in US Supreme Court case Boutilier v. INS This case referred to McCarren Walter Act section 212 to say that the...
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- Fall '11