Carl Basil Angelo Hill v. United States Immigration and Naturalization Service, Lesbian/gay Freedom Day Committee, Inc. v. United States Immigration and Naturalization Service

714 F.2d 1470 Carl Basil Angelo HILL, Petitioner-Appellee, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, et al., Respondents-Appellants. LESBIAN/GAY FREEDOM DAY COMMITTEE, INC., et al., Plaintiffs-Appellees, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, et al., Defendants-Appellants. Nos. 82-4366, 82-4423. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 12, 1983. Decided Sept. 7, 1983. James Hunolt, Washington, D.C., for petitioner-appellee. Jeff T. Appleman, Mary C. Dunlap, San Francisco, Cal., Laurence R. Sperber, Los Angeles, Cal., for respondents-appellants. Appeal from the United States District Court for the Northern District of California. Before ELY, Senior Circuit Judge, and SCHROEDER and BOOCHEVER, Circuit Judges. BOOCHEVER, Circuit Judge: 1 This appeal presents the issue whether Congress intended to require the Immigration and Naturalization Service to obtain a Public Health Service medical certificate before excluding self-declared homosexuals from the United States on the ground of affliction with a psychopathic personality, sexual deviation, or mental defect. We conclude that Congress did so intend. As a result, we hold…