Page 2 HIGH GEAR JUNE 1981

NEWS

Bill introduced to end immigration bias

On May 12, Congressmen Julian C. Dixon and Anthony C. Beilenson of Los Angeles introduced legislation to repeal the section of the nation's immigration laws which allows the exclusion of homosexual aliens from entry into the United States.

for a comprehensive review of the exclusionary grounds in the 1952 Act, and that several Commissioners had called for the specific repeal of Section 212(a)

(4).

Support for remedial legislation has also been voiced by the

Gay Rights National Lobby, National Gay Task Force, the American Civil Liberties Union

The bill, H.R. 3524, would eliminate "sexual deviation" as grounds for exclusion under Section 212(a) (4) of the Immi-and gration and Nationalization Act of 1952. Twenty-two representatives joined Dixon and Beilenson in introducing the measure.

Several gay rights organizations, as well as the psychiatric community, have actively sought

repeal or administrative modification of this exclusion.

Last September, after introduction of identical legislation by Rep. Beilenson and Sen. Alan Cranston (D-California), the Justice Department endorsed repeal, and stated that individuals would not be detained unless they made a "voluntary, unsolicited admission" of homosexuality.

the National Immigration and Naturalization Service Council, the union representing

INS service employees.

In announcing this support, Dixon said the bill was needed to "assure that our adherence to the Biblical admonition, 'judge not, that ye be not judged,' does not stop at the water's edge."

Says appeals court

Being gay no bar

to naturalization

On April 28 in Richmond, Virginia, a federal appeals court ruled that Horst Nemetz, a gay man from West Germany, cannot be denied citizenship because of his sexual preference. The Fourth Circuit Court of Appeals reversed a decision by Alexandria, Virginia District Judge Oren R. Lewis and ruled that the sex life of Nemetz, a 41 year old hairdresser who has lived in northern Virginia for 14 years, "cannot serve as the basis for a denial of a finding of good moral character because it has been private, consensual, and without harm to the public."

In March 1980 District Judge Lewis had upheld a decision by the Immigration and Naturalization Service from January 1980 which denied Nemetz citizenship on the grounds that he had "failed to demonstrate that he is a person of good moral character due to his admission of the acts of sodomy."

Nemetz, who lives in Springfield, Virginia, had applied to become naturalized citizen in 1976. The Immigration and Natu-

ralization Service had rejected Judge Lewis was a member of his petition, arguing that it the three judge panel that believed that as a homosexual he declared Virginia's sodomy stahad violated Virginia sodomy tutes constitutional in 1975. laws.

In overruling Judge Lewis and the Immigration and Naturalization Service, the three judge appeals court declared that widely varying state laws covering homosexual acts cannot substitute for "the constitutional mandate of uniformity in the area of naturalization."

The appeals court noted that at least nine states have decriminalized sexual acts between consenting adults and that if Nemetz had lived in one of these states, the Immigration and Naturalization Service would not have used state law to reject his application for citizenship.

Said the appeals court, "But for an 'accident of geography' Nemetz perhaps would be a naturalized citizen today."

Virginia, which classifies sodomy as a crime of "moral turpitude," has one of the most conservative laws in the United States regarding sexual relations among members of the same sex.

Supreme Court won't hear lesbian custody

hear a potentially precedent setting child custody suit from Kentucky on behalf of Luanne Stevenson and her 5 year old daugh-

On Monday, April 20, 1981 the While praising the Justice U.S. Supreme Court declined to Department for the adoption of a "saner, more rational policy" in this area, Dixon said that "the problem still remains," and that legislation was "the quickest, most efficient means of repealing this outdated and discriminatory

provision."

Dixon noted that the Select Commission on Immigration and Refugee Policy recently called

ter.

Stevenson throughout this 21⁄2 Robert Smith, attorney for Ms. year battle for the legal rights of a lesbian mother, was quick to point out: "This does not mean that the Supreme Court has ruled against lesbian mothers. The

Hinckley story riles NGTF

According to a press release from the National Gay Task Force, dated April 27, 1981, it has filed a complaint to Washington Post Ombudsman William Green over the inclusion of "homosexuality" with a list of social evils such as drug addition in a widely printed story concerning John Warnock Hinckley, Jr., the man who shot President Reagan.

in Los Angeles. Writers Henry and Brown described the neighborhood in which Hinckley lived as "...a haven for drugs, homosexuality and prostitution."

National Gay Task Force CoDirector Charles Brydon characterized the reference to homosexuality as "senseless." He continued, "The clear implication of the sentence is that homosexualThe Post published the story ity, like 'drugs' and 'prostitution' April 5 and distributed it nation-is a social evil. We strongly object ally to subscribers of the Post's to this kind of debasing and dehhouse wire service. The intense umanizing association. interest in the assassination at that time led to extensive reprints of the story throughout the

country.

The story by reporters Neil Henry and Chip Brown is a biography of John Hinckley tracing his life from birth to the assassination attempt.

A section of the story discusses Hinckley's 1976 sojourn

"Our belief is that since Blacks ilarly identifiable and largely law and Hispanics and other simabiding and contributing segments of society are not included with laundry lists of social evils, then the use of the term 'homosexuality' (or any variation thereof) must be avoided," com-

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case

court's decision to deny certiorari simply means that it does not consider child custody an appropriate area of jurisdiction for the U.S. Supreme Court at this time. There has been no negative precedent set by this case."

when Luanne Stevenson's The case began 21⁄2 years ago former husband sued for custody in Kentucky. The father lost at the trial level and custody was awarded to the mother.

When attorneys for the father subsequently appealed the decision to the Kentucky Court of Appeals, the trial ruling was overturned and custody of the child was awarded to the father.

At this point Ms. Stevenson's attorney recommended to his client an appeal to the U.S. Supreme Court. He did so because of the exceptional nature of the case, including unusually strong supporting testimony.

Experts in the field of child psychology, who had studied the family situation in depth, had no question as to who should be awarded custody if the best interest of the child were to be served--the mother.

Attorney Smith stated, "I've never heard of a stronger lesbian mother custody case. The mother's side of the case was and is

absulutely pristine. I firmly believe that if any case of this nature could break into the Supreme Court arena, this one could and we would win."

The mother, Luanne Stevenson, has strived to keep a lid on

any publicity for 21⁄2 years. But now that the U.S. Supreme Court has refused to hear the case, she plans to seek national public support in this long and painful battle to regain custody of her 5 year old daughter.

Said Lucia Valeska, coForce, "We are not surprised by director of the National Gay Task the ruling. Traditionally, the Supreme Court stays out of family law matters leaving these issues to be settled at the state level. Because the case was very strong, however, we ardently hoped that it would be an exception.

Said the appeals court in overruling Lewis's decision against Nemetz, "The record indicates that Nemetz in all respects sustained his burden of proving good moral character: he testified that he had been steadily employed and earning a good

income since his entry into the affidavits of witnesses that he United States, and he submitted had been a good businessman

and friend."

The appeals court ruled that since no federal laws specify that private sexual conduct can be used as a basis to deny citizen-

ship, the Immigration and Naturalization Service, a federal agency, cannot use state law as a

basis for such a denial.

Richard Murray, Nemetz's attorney, had argued that the 1952 federal Immigration and Naturalization Act, which bars gay visitors from entering the country because of "psychopathic personality" and "sexual

deviation" does not relate to citizenship. The provision of the federal act detailing standards for determining eligibility for citizenship does not mention private sexual conduct.

Murray told Gay Community News that attorneys representing the Immigration and Natural-' ization Service admitted in their oral arguing that the agency did not ask heterosexuals if they engaged in sodomy. Virginia sodomy laws apply to heterosexual as well as homosexual relations.

The court, said Murray, said guishing "between heterosexuthat there was no basis for distinals and homosexuals" and that the court inferred "unfair treatment for homosexuals."

The U.S. Justice Department, of which the Immigration and Naturalization Service is part, has not yet announced whether or not it will appeal the decision to the Supreme Court.

All Ohio Gay Picnic July 4th

The fourth annual All-Ohio Gay Picnic will be held on Sat., July 4th, from 10a.m.-8 p.m., at Duncanside Park in Kent. The Akron Metropolitan Christian Church, its sponsors, are excited about the new location they have found. Duncanside Park, just off 1-76, provides easy access with plenty of parking, wooded areas, and nice green wide open spaces.

The activities planned for the day include: disco dancing, contests, games, races, volleyball, softball, sun bathing and swimming.

A $10 donation at the gate entitles you to free beer, soda pop, and lunch, also access to the entire park. The lake area provides beach, shower facilities,

diving platforms, water slide, and its own concession stand. Tennis courts are also available for your convenience.

The Akron Metropolitan Christian Church has had great success with this picnic in the past, and hopes this one will be the best yet.

Other activities coming up during the summer include a day at Cedar Point on Sat., June 27 (save 1.95 off regular admission): also picnics, a swim party and a barbeque are scheduled. For information or to obtain tickets to any events, call the church office at (216) 688-4492.

Remember the special worship service on Gay Pride/Memorial Sunday, June 21, at 7:00 p.m.. 3300 Morewood Road, Akron.