204195855 v1

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION


CLEOPATRA DE LEON, NICOLE §
DIMETMAN, VICTOR HOLMES, and §
MARK PHARISS §
§
§
Plaintiffs, §
§ CIVIL ACTION NO. 5:13-cv-982-OLG
v. §
§
RICK PERRY, in his official capacity as §
Governor of the State of Texas, GREG §
ABBOTT, in his official capacity as Texas §
Attorney General, GERARD §
RICKHOFF, in his official capacity as §
Bexar County Clerk, and DAVID LAKEY, §
in his official capacity as Commissioner of §
the Texas Department of State Health §
Services §
§
Defendants. §


ADDITIONAL ATTACHMENTS TO DOCUMENT #24 TO PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION ENJOINING DEFENDANTS FROM ENFORCING
TEXAS’ SAME-SEX MARRIAGE BAN


The following exhibits are included in this docket entry:
EXHIBIT 31. Select pages from Nathaniel Frank, Unfriendly Fire: How the Gay Ban
Undermines the Military and Weakens America (2009)
EXHIBIT 32. Exec. Order No. 10450, 18 Fed. Reg. 2489 (1953)
EXHIBIT 33. S. Doc. No. 241, Employment of Homosexuals and Other Sex Perverts in
Government, 81st Congress (1950)
EXHIBIT 34. J ohn W. Macy, Chairman, Civil Service Commission, to the Mattachine Society
of Washington (Feb. 25, 1966)
Case 5:13-cv-00982-OLG Document 25 Filed 11/22/13 Page 1 of 4
204195855 v1
EXHIBIT 35. Exec. Order No. 13087, 63 Fed. Reg. 30097 (J une 2, 1998)
EXHIBIT 36. Immigration Act of 1917, Pub. L. No. 64-301, §3, 39 Stat. 874
EXHIBIT 37. Immigration and Nationality Act, amended October 3, 1965, Pub. L. No. 89-236,
§ 15(b), 79 Stat. 911
EXHIBIT 38. Legislative history of bills seeking to repeal Texas’ unconstitutional sodomy law,
including H.B. 3232, H.B. 1701, and S.B. 538, 83rd Leg., Reg. Sess. (Tex. 2013);
H.B. 2156 and H.B. 604, 82d Leg., Reg. Sess. (Tex. 2011); H.B. 3026, 81st Leg.,
Reg. Sess. (Tex. 2009); and H.B. 1326, 80th Leg., Reg. Sess. (Tex. 2007)
EXHIBIT 39. American Forces Press Service, Hagel: States Denying Same-Sex Family Benefits
Must Comply
EXHIBIT 40. Amicus Br. for The Am. Psychological Ass’n, et al., United States v. Windsor, No.
12-307 (filed Mar. 1, 2013)
EXHIBIT 41. Amicus Br. for The Am. Sociological Ass’n, Hollingsworth v. Perry, No. 12-144,
(filed Feb. 28, 2013)
EXHIBIT 42. G.M. Herek, et al., Demographic, Psychological, and Social Characteristics of
Self–Identified Lesbian, Gay, and Bisexual Adults in a U.S. Probability Sample, 7
Sexuality Res. & Soc. Pol’y 176 (2010)
EXHIBIT 43. Select pages from American Psychological Association Task Force on Appropriate
Therapeutic Responses to Sexual Orientation, 2009, Report of the Task Force
EXHIBIT 44. J eremy W. Peters, Openly Gay, and Openly Welcomed in Congress, N.Y. Times,
J anuary 26, 2013
EXHIBIT 45. Zahira Torres, Gay El Paso rep writes self into Texas Legislature history, El Paso
Times, J an. 9, 2013
EXHIBIT 46. Campbell Robertson, Ban on Gay Marriage Passes in North Carolina, N.Y.
Times, May 9, 2012
EXHIBIT 47. H.J .R. 6, 79th Leg. (Tex. 2005), as passed by the Texas legislature
EXHIBIT 48. Office of the Texas Secretary of State, Race Summary Report, 2005
Constitutional amendment Election (Nov. 8, 2005)
EXHIBIT 49. American Anthropological Association, Statement on Marriage and the Family
(Feb. 26, 2004)
EXHIBIT 50. Ellen C. Perrin, Benjamin S. Siegel, and the Committee on Psychosocial Aspects
of Child and Family Health, Promoting the Well-Being of Children Whose Parents
Are Gay or Lesbian, 131 Pediatrics 1374 (Apr. 2013)
Case 5:13-cv-00982-OLG Document 25 Filed 11/22/13 Page 2 of 4
204195855 v1
EXHIBIT 51. American Psychiatric Association, Position Statement on Support of Legal
Recognition of Same-Sex Civil Marriage (J uly 2005)
EXHIBIT 52. American Academy of Pediatrics, Coparent or Second-Parent Adoption by Same-
Sex Parents (Feb. 2002)
EXHIBIT 53. American Psychological Association, Sexual Orientation, Parents, & Children
(J uly 2004)
EXHIBIT 54. American Academy of Child & Adolescent Psychiatry, Gay, Lesbian, Bisexual, or
Transgender Parents Policy Statement (2009)
EXHIBIT 55. Child Welfare League of Am., Position Statement on Parenting of Children by
Lesbian, Gay, and Bisexual Adults
EXHIBIT 56. Select pages from House J ournal, 79th Leg., Reg. Sess. (Tex. Apr. 25, 2005)
EXHIBIT 57. Legislative history of H.J .R. 6, 79th Leg., Reg. Sess. (Tex. 2005).
EXHIBIT 58. Declaration of Ilan H. Meyer in Support of Plaintiffs’ Motion for Preliminary
Injunction

Case 5:13-cv-00982-OLG Document 25 Filed 11/22/13 Page 3 of 4
204195855 v1
Respectfully submitted,

AKIN GUMP STRAUSS HAUER & FELD LLP


By:__/s/ Daniel McNeel Lane, J r.___________
Barry A. Chasnoff (SBN 04153500)
bchasnoff@akingump.com
Daniel McNeel Lane, J r. (SBN 00784441)
nlane@akingump.com
Frank Stenger-Castro (SBN 19143500)
fscastro@akingump.com
J essica Weisel (PHV pending)
jweisel@akingump.com
Michael P. Cooley (SBN 24034388)
mcooley@akingump.com
Matthew E. Pepping (SBN 24065894)
mpepping@akingump.com
300 Convent Street, Suite 1600
San Antonio, Texas 78205
Phone: (210) 281-7000
Fax: (210) 224-2035
Attorneys for Plaintiffs



CERTIFICATE OF SERVICE
I certify that on November 22, 2013, I served Defendants a copy of the foregoing document via
the Court’s ECF system.

By:__/s/ Daniel McNeel Lane, J r.___________
Daniel McNeel Lane, J r.

Case 5:13-cv-00982-OLG Document 25 Filed 11/22/13 Page 4 of 4







EXHIBIT 31
Case 5:13-cv-00982-OLG Document 25-1 Filed 11/22/13 Page 1 of 4
UNFRIENDLY
FIRE
ow E B
NDE INES E ILI
E ENS E I
NA NI
THOMAS DUNNE BOOKS   NEW YORK
' ST. MARTINS PRESS
Case 5:13-cv-00982-OLG Document 25-1 Filed 11/22/13 Page 2 of 4
THOMAS DUNNE BOOKS.
An imprint of St. Martin's Press.
UNFRIENDLY FIRE. © 2009 Nathaniel Frank.
All reserved. in the States of America.
For information, address St. Martin's Press, 175 Fifth Avenue, New York,
N.Y.lOOlO.
www. thomasdunnebooks.com
www.stmartins.com
Frank, Nathaniel.
:how the
Nathaniel Frank.-1st ed.
undermines the
and weakens America
States. 2. Gays in the
First Edition: March 2009
10 9 8 7 6
4 3 2 1
Case 5:13-cv-00982-OLG Document 25-1 Filed 11/22/13 Page 3 of 4
Case 5:13-cv-00982-OLG Document 25-1 Filed 11/22/13 Page 4 of 4







EXHIBIT 32
Case 5:13-cv-00982-OLG Document 25-2 Filed 11/22/13 Page 1 of 5
TITLE 3-THE PRESIDIENT
EXECUTIVE ORDER 10450
SECUf1I'1'Y RI,QUIIlKMIHI'L'S FOil
GoVEilNMJ;N'l' EML'J.OV>!EN'l'
WHEREAS tho intcl'I'Sts of the na-
tional sccuriLy requi1'e that nll Pl'l'suns
  to be omployf'll in tho dl'parL-
Jnents and nr;:rnclcs of the GovcL·nmcnt.
shall be reliable, trustworthy, of
conduct nncl charactf'r. and of compll'Lc
nncl unswerving: loyalty to llle Unitecl
Sta tcs ; ::md
WHEREAS the American tmdition
that UH persons should l'CCCJVC fair, im-
partial, ancl equitable trcr.tmcnt at thC'
hands <-•. the Government requires that
all person" the privilege of em-
ployment or privileucd to be employed in
t!1e departments nnd agencies of the
Government be adjudlled by mutually
consistent nnd no less than minimum
standaHls and procedures the
dcp::u·tments and auencics governing the
employment; and retention in employ-
Jnent of persons in the Federal service:
NOW. THEREFORE, by virtue of the
authority vcst.ed in me by the Constitu-
tion und slatutes of tile United Stnles,
section l ;:,:i of tl1e Revised
Statut;;r; of the United SLat.cs • 5 U. S. C.
631) ; the Civil Srrvicf' Act of Hl83 122
Stat. 403; 5 U. s. c. G32, cl' seq. l; sedioD
9A of tll<' act of August 2, 1939, 53 Stat.
1148 (5 U. s. c. 118 j l: and the act of
Aumrst 2G, W::iO, 64 Stat. 47G <5 U. S. C.
22-1, et seq.), ami as President of the
United States, and deeming such action
ncc<'ssm·y in the best interests of the
security, it is hereby ordered as
follow:;:
S:E:c':IoN 1. In addition to tlw dt')Jart-
ntents 1.t1cl in the said
act of Au[:ust :..G. 1!)50. and •
Order No. 10237 of APl·il 26, 1051, th<'
PI'OVisions of lhat act shall npply to all
other departments and agencies of the
Govei·mncnt.
SEc. 2. The head of earh d('lXll·tmenL
and m;cncy of the Government shall be
responsible for establislling and main-
within his deJlnrtment or
nn eliective program to insure thnt the
employment ami retention In emploY-
ment of uny civilian oillcc1· o1· employee
wHhit1 the dciJart.nwnL ur a:'.l'lll'Y Is
cll'arly cunr;lstcnt with the of
the na tiona! securHy.
Sr.r. :J, 1nl Tlw uppolntnwnt of caf'h
civilinn olllcer or empl0ycc in any
nwnt o•· agency of tlw Oovel'llmcnt shall
be malic subject to The
;;co]w of Llw shn.ll lw
mitwd in the first nccordtm: t.o
Lhe degree of nclvcrsc ciTec: the occupant
of tltc posit.ion to be illlcd could
bring nlJuut, by virtue of t11c nn Lure of
the position, on the nat-ional security. but
in no evcnl shall the invcst.lrontlon in-
clude than a nnt.lonal check
(including a check or the fingerpl'int files
of the Fedeml Bureau of Invt'stirm1;ionl.
nnd wt·it.tcn inquiries to nppL'opriate lo-
cal law-enforcemPnt fanner
employers unci l'cfcx·enc ..
nnclschools attended by the person under
t.lon: Provtclecl. tlmt upon re-
quest of tllc head of the or
agency conc<'rned. the Civil S<'l'Vicc com-
mission may. in its cliscl'etion. authorize
such less invcstil:mLion as may meet the
1-cquircmeuts of the notional ::ecurity
with respect to pc1·-diem. intNmittent.
temporary, or seasonal employees. or
nlicn:; employed outside the United
States. Slloulcl thet·e develop at any
sta.r:e of infonnat.ion in<.li-
catinr; that thC' ('lllplo:nncnt of uny such
pct·son may not lJc clearly consistent with
the interests of the na tionnl security.
there shall J)e conducted with respect to
sucl1 person a full field investlr-:ntion. ol'
such less as shall be Slllli·
cicnt to enable the head of the clcpru-t-
ment or ngoency concerned to dcl:crmlne
whethC'r retention of such person is
clC"m·ly con!<lst.ent: with the illtC'rcsts of
Llw na1 tonal security.
• b 1 The head of any derJnt·tmcnL or
ncy slmll dcsir·.nnt.e, or euu:;e to be
any within his dP-
pm·tnwnt or fii'Pncy the occupant of
which could bl'ing about, by vu·tw• nf
the naLUl'P of the positlrm, u
adVCI'I'C l'!fCCi OU the ll[ltiOnfll ReCIIl'Jty
a:; n sl'n:>lll vc po::;i Lion. Ar.y po:;i Lion so
shall be fllled 01' occupied
only b:\-· a pc·rson wlt.ll l'cspect to whom a
full field lnve:;titmtion hL1S been con-
dueled: Providc!l, that a Jl{'rson
(Contlnuecl ou p. 2(!!.ll)
CONTENTS
THE PRESIDENT
Executive Order
Security rcqull·ernent.<; for Oovern-
el'llment 1'!11!1loymcut _________ _
EXECUTIVE AGGNCIES
Agriculture Department
See Production nml Mnr[.;ctlng
A elm In is tnt tio 11.
Air Force Department
Rules nnd
Ci vi linn pcn;onuel; security l'C'-
quircmcnts for Government
employmcnL --------------
Alien Propcrfy Office
Notices:
Vested pmperty, noticrs of in-
telltion to rcturu:
Barth, ,Jack. et al -----------
Brlgnani, Giust•p(lill[\, et aL __
Cellitti, Ameclco, et aL -----
Corn, et at_ __________ _
Krogh, Erik Vimm-----------
Meyct·, Heinrich C. A_-------
PneumntiqUC'S ct Caoutchouc
Manufacture Klebcr-Co-
lombcs -------------------
Army
Sec Cot·ps.
Civil Aeronautics Administra-
tioll
Rules and rc;:uln.Uons:
Danger a•·cal'o; alt.erlttiom; _____ _
Civil Aeronautics Ocard
Notices:
Wi:!r:ins rcncw:tl J··,·pslii'::ttion
postpolWJ'H'llt of
an: mncnL _________________ _
Civil Service Commission
Rull"; nnd n••n1h1 \ion:;·
I·:xcc•ptlons fmm tl1e eompctltivc
.'.('!'Vice: Scherlult• C
Security n·ltllll't'nWllts fo .. Gov-
C'l'l!lllc·nt, cmplo;vmr ut:
AJJPL'ah; of Pl'l'f<.'t'l'lll'l' el!•d-
bles _ _ _ _ _ _ __
A ppoiutnwn L
petHive sy.sLI'ffi-----------
Commcrce Oepartmont
Sec Intcrnatlonul T:mdc Omcc;
.Nntimml I>rouuction Authurity.
21:\!l
I'ngo
2489
2501
2514
2513
2513
2514
2514

2514
2500
2510
2·103

Case 5:13-cv-00982-OLG Document 25-2 Filed 11/22/13 Page 2 of 5
2490

  -
Published dally, except Sundays, Mond11ya,
anti days following omclt\1 Fedornl holldnyo,
by the Fedoral Iteglster Division, NRtlonnl
Archlves anc:l. Service, General
lees .admlnlstl'ntlon, pur&UPnt to the
thol'lty conblned In the Federal Register
Act, approved July 26, 1936 (49 Stat. 600, ns
smonded; 44 '0. s. 0., ch. 8BJ, under
tiona prt1Scrlbcd by the AdmlnlstrRtlvo
mlttee nt tbe   Rcglstel', approved by
the E'tc!lldent. Distribution ls only by
the Superintendent or Dl'oumenta, Govern•
ment Pdntlllg omce, Wnal:ltngton 25, D. o.
The reglllntory materil\l ,\ppcaring herein
ts keyed to the Code of l"o-!' Cl'l\l Regulations,
whlch la publlsbed, under : 0 tt{les, pursunnt
to section 11 ot tlle Fedl.'lllol Register Act, E\8
.June 19, 1937.
The Fi:DMAL :REGISTER wlll be furnished by
mau to aubaoribers, ftee or postllge, tor $1.60
pel' month or •15.00 per :yeRl', pn:ynble ln
advl\!lce. The <Jhnrge tor tndivldunl coples
(mlnlm'-IM l5f) VIU'Jes tn proportlon to tl1e
size or the :Issue. Remit check or money
ordel', made parable to the Superintendent
of Documents, directly to the Government
Printing Oftlce, Wnshlngton 26, D. 0.
There EII"C no re&trlctlons oh the republlcn•
tlon or matel'ICil appearing tn the FEDE!IIllo
.n.GurrA.
Principal Officials
in the
Executive Branch
Appointed
January 20-April 20,
J953 .
THE PRESiDENT
CONO:NJ5-Continued
Engineers Corps
Rules and l"eguto.tfons:
Kennebec River, Matne: certain
State Highway Commission
bridges---------------------
Federal Communications Com ..
mission
Rules and tcculntions:
P u b II o l'udiocommunlcl\tlon
services <other than maritime
mobile); frequency to1e1··

Television broadcast stntions __ _
Federal Housing Admi"istration
Notices: '
Acting Commissioner and Dep·
uty Commissione1·: delega-
tions of nuthority and e.sstcn-
ment of duties _____________ _
Federal Power Commission
Notices:
Henl'ings, etc.:
conne1·y, Paul J ____________ _
Indio.np. Gas & Water co.,
Inc., o.nd Panhandle East-
ern Pipe Line CO----------
Manufo.cture1·s Light and
Heo.t Co. and cumberia.nd
· and Allegheny Gas co ____ _
Pennsylvania. Power & L:lgllt co ______________________ _
Federal Trade Commission
Proposed rule making:
Heal'lng aid lndustty; trade
Pl'actice l'Ules ______________ _
Foreign ond Domestic
merce Bureau
See Inte1·national Trade Office.
Health, Educati..,n, and Welfare
Department
See Public Health Service.
Housing and Home Finance
Agencv
See Federal Housfng Administt·a.-
tlon.
2502
2502
2502
2510
250B
250B
250B
250B
2503
A lfatlng of npproxlmatelt 200. appcllnt.
menls made altar Januaty 20, 1 953,
Names contained In tfte liat replace col'o
re•pondil'lg .. amal C1ppearl"9 r.. thll
1952-53 U. S. Government Organization
• Interior Department
Manual
Price 10 cenft
Order fram Superintendent of Documents,
Government Printing Offlce, Washington
25, D. C.
CONTENTs-continued
Defense Department
see also Air Force Department;
Engineers Corps; Navy Depart-
ment.
Bu1es o.nd regulations!
Armed Setvices Procurement
· Reawa.tion:
Contlngent or other fees ____ _
Patents o.nd copyrights; title
to foreQTound
Procurement b;v formal ad-
vertising -------------·
Economic Stabllfzatfon Agency
See Rent Stablllzatlon omce.
Pngt
2500
2501
2500
See Lnnd Management Burea.u.
International Trade Office
Rules and regulations:
Export regulations:
Licenses, general; llcenslng
policies and related I!Pecio.l
provisions; miscellaneous
_____________ _
Positive list of c::ommoditles __
Justice Department
See Allen Pl:operty OWce.
Land Management Bureau
Notice!!:
Alaska: Talkeetna. Townsite;
notice of sale---------------·
Callfornla:
Clasl!iflcation order ___
Smo.ll tract classl:fico.tlon
der;
Loyalty Review Board
Rules and regulations:
security requi1·ements for
ernment employment:
Directivea to department o.nd
agencfes; cases of incum·
bent and excepted em-
ployees o.nd excepted appli-

2499
24!19
2508
2509
2509
24!13
CONfENT5-Continued
Loyalty Review Board-Con. Ppge
Rules and regulntlons-Contlnued
Secul'it:v rcqultemehts tot Gov-
ernment emplo)lment-Con.
Directives to l'ectona.l loynlty
boards; cases of llllPllcants
and D.Pllolntecs in competi-
tive SCI'Vice_______________ 2403
Opcn\tlons of Bot\l'd--------- 2<l93
Statement of 24!13
National Productio" Authority
Notices:
B & T Mctnls Co.; motUftcntion
and termination or suspension
2G00
Novy Department
Rules and regulations:
Naval Academy, admission of
candidates as midshipmen;
cKecution of loyalty certifi-
2501
Production and Marketing AdM
ministration '
Pt·oposed rule mnkl'ng:
Apples, canned, U. s. Stand ...
m·l2s for 2503
Milk llo.ndling:
Knoaville, Tenn., marketing
a1·ea. --------..:------------ 2506
New Orleans, La., marketing
2505
Rules and regulations:
Sut:ar quotas, allotment; Puerto
Rico. 1953 ____________ :____ 2493
Direct consumption portion__ 2497
Public Health Service
Rules and regulations:
security requirements :for
ernment emPloyment:
Commll>sioned omcers_______ 2502
Fellowships_________________ 2502
National Heart Institute
tratneeshlps __________ 2502
Rent Stabilization Office
Rules and regulations:
• Indlo.napolls, Ind., d e f e n s e
rental area:
2501
llousing____________________ 2501
courts--------------- 2501
.2501
Specific provisions!
Housing____________________ 2502
courts_______________ 2502
Rooms---------------------· 2502
Securities and Exchange Com-
mission
Notices:
Hearings, etc.:
Arknnsas Naturo.l Gas Corp.
et 2510
Central and South West Corp.
and Central Power and
Light 2511
Central Maine Power co____ 2511
Columbia Gns System, Inc___ 2513
Consolidated Natural Gas Co- 2512
Consolidated Natural Gas co.
et 2512
Sub"ersive Activities Co ntro I
Board
Notices:
Communist Party of United
States of America: require-
ment to reclster___________ 2513
Case 5:13-cv-00982-OLG Document 25-2 Filed 11/22/13 Page 3 of 5
' ..
Wedm•srlny, April 29, 1953
CODIFICATION GUIDE
A numcrlcnl 11Gt or t.ho pnrtn of tbc Codo
of Fodcrnl Rcr,ulntlonu nrrcctcct by documonto
publ!(lbod In this Issue. Propoood rulcll, nn
oppooed to flnnl nctlollll, nro ldontlficd no
IJUCh.
Title 3 Pn[lo
Ch[l.ptct• II <Executive orders> :
11035 <revoked by EO 10450 > --- 2489
10237 (Sec EO 10450) ---------- 241J9
2480
Title 5
Chapter I:
Purt 2----------------------- 2403
Part 0---------------------..,- 2403
Part 22---------------------- 2493
Ch11pter II:
Pm·ts 200-230----------------- 24!l3
Title 7
Chapter I:
Pa.1·t 52 (proposed>----------- 2503
Chapter VIll:
P1u·t 814 12 documents>---- 2493, 2497
Chapter IX:
Part 942 <proposed>---------- 2505
Part 988 <proposed>---------- 2500
Title 14
Chapter U:
Part GOB--------------------- 2500
Title 15
Chapter III:
Part 37L-------------------- 2499
Part 373--------------------- 24911
Part 399--------------------- 2499
Titlt!! 16
Chapter I:
Purt 159 2503
Title 32
Chapter IV:
Part 400--------------------- 2500
Part 401- -----------------·--- 2500
Part 408--------------------- 2501
Chapter VI:
Part 710--------------------- 2501
Chaptel' VII:
Part 889--------------------- 2501
Title 32A
Chapter XXI <ORS>:
RR 1 C2 documents>------ 2501, 2502
HRz (2 documents>------ 2501,2502
RR3------------------------- 2501
RR 4 C2 dxuments> ------ 2501, 2502
Title 33
Chapter II:
Part203---------------------- 2502
Title 42
Chapter I:
Part 21---------------------- 2502
Part 61---------------------- 2502
Part 63---------------------- 2502
Title 47
Chapter I:
Part 3----------------------- 2502
Part 6----------------------- 2502
lng a sensitive lJOSitlon at the time it is
designated as such may continue to oc-
cupy such position pending the comple-
tion of n full field invcst,\gation, subject
to the othPr provisions of this order:
And provided further, that in case of
emergency a sensitive position mny be
for a limited period by a person
with respect to whom a full field pre-
appointment invest.lgatlon has not been·
FEDERAL REGISTER 2191
completed if tho head of tho department aftur may be employee! by nny other
or agency concerned finds that such n.c- department or agcn:Jy nrtcr a
tlon Is necessn.ry In the nntlono.l In- determination by U1c CIVil Service com-
tcrest. which finding shall be made a mission that such pm·t;on Is cllrdble COL'
purt of the rcco1·ds of such depa1'tmcnt such mnployment.
Ol' SEc, B. <n> The invcc;t1guL!ons
SEc. 4, The head of cnch dcpnttmcnt ductcd pursunnt to this order shfl.ll be
ami o.gcnry shall l'CVIew, m· cnm;e to be dcslr,ned to develop lnformntlon ns to
l'ovlcwcd, tho Cltlics of nll clvHI!m officers whcLhcr lhc employment ot· retention In
and employees with l'cspcct to whom employment in t,hc Fcdeml scl'vlce of the
there hns been conducted n full field ln- penon being lnvestirrutecl Is clmtrly con-
vestlrratlon under Exccutivo Ordc1· No. si:>tcnt with the interests of the
9835 of March 21, 1947, nml, uftct· such rceurity. Such lnfonnntlon shall relate,
:l'm·thcr investl(mtion ns mny be llJ>Pl'o- but shall not be limited, to the following:
prlnte, shnll rc-nd.ludlcate, or cnusc to < U Depending on the t'clntlon of the
be rc-ndjucilcntcd, in nccordnnee with Government employment to the nntlono.l
tlw said act of Aur:ust 20, 1950, such of security:
those cnscs as 11nvc not been ndjndicmtcct <11 Any behnvlol', nctlvities. or
under a securlty stnndnrd commcnstU'ntc soclntions which tend to show thnt the
with thnt established under this. order. imllvidunl is not rcllablc or trustwm·thy.
SEc. 5. Whenever i-nere Js dcvclopccl Ol' <it) Any dellbemte
l'cceivect bY nny depal'tment or j;!ons, falsifications, or omissions of
informa.tlon lndlcnting that the rctcn- material facta.
tion In employment of any omcet• or em- !i1D Any Cl'lmlnal, Infamous, dishon-
ployee of the Government may not be est, immoral, or notoriously dlsgrncctul
clearly consistent with the tnteL'esb:l of conduct, habitual use 'of intoxicants to
the national socm·lty, such information excess, drug ,addiction, or sexual per-
slmll be forwnt•cted to the head of the version.
employing department or ugency or his Ovl An ndjudlcntlon of insanity, or
representative, who, nfter such invest!- for serious mental or neuro-
gatlon as may be appropriate, shall re-...._ lor.ncal disorder without satisfactory
view, or cause to be reviewed, nnd, w:1e1·e evidence of cure.
  or cause to be <.v> Any facts furnish l'Cason to
re-adjudlcated. in accordance with the that the ind.vidual may be sub-
said act of August 26, 1950, the case of to coercion, influence, or pressure
such officer or employee. wh1ch may cause hl.m to act contmry to
the best tnte1·ests of the national
SI:c. 6. Should there develop at any security.
stage of investigation infm·mn.tion indi- <2> Commission of any act of saba-
eating that the employment of any of- tag-e, espionage, treason, or sedition, or
fleer or employee of the · Government attempts thereat or preparation
ooo.y not be clearly consistent with the for or conspiring with, or aiding or
interests of the national security, the another to commit or attempt
head of the department or agency to commit nny act of sabotage, espion-
cerned or his representative shalJ im- age, treascn, or sedition.
mediately suspend the employment of <3> Establishing or continuing a sym-
the person involved if he deems such pathetic association with a saboteur, spy,
suspension necessary in the interests of traitor, scdltlonist, anarchist, or revolu-
the national security and, following such tionist, or with an espionage or .other
investigation and review as he deems secret agent or representative of a for-
necessary, the head of the eign nation, or any rem·esentative of a
or agency concerned shall tcrmmatc foreign nation whose interests may be
the employment of such suspended of- inimical to the interests of the United
:fleer or employee whenevel' he shall de- Stutes, Ol' with any person who advocates
te1·mlne such terminntion necessary or the use of force or violence to overthrow
ad•iisnble in the interests of the national the government of the United States or
security, In accorqance with the said act tile alterntton of tl'.e form of government
of August 26, 1950. of the United Stutru by unconstitutional
SEc. 7. Any person whose employ-
ment :Is suspended or terminated under
the authority granted to heads of
partments and n.gencles by o1· In accord-
ance with the said act of August 26, 1950,
or pursuant to the sald Executive Ot·der
No, 98:35 or nny ot11er security o1· loyalty
program relating to officers or employ.
ees of tho Government, shall not be
or restot·ed to duty or l·eem-
ploycd in the sume deprtl'tment or
agency nnd shall not bo J'eemploycd in
nny othe1• deportment or ng-ency,.unless
the bend of the department or
concet·ncd finds that such l'Cinstatcment,
restomtlon, m· reem11loyment :Is cleat·ly
consistent with the interests of the
national security, which finding shall be
mndc a part of the records of such de-
partment or agency: Provided, tllat no
llerson whose employment has been ter-
minated unde1· such authority tllcL·c-
means,
<4> Advocacy of use of force or vio-
lence to ove1'throw the government of
the United Sta.tes, or of the alteration of
the form of government of the United
States by uticonstitutlonal means.
(5) Membership ln. or affiliation or
sympathetic association with. any for-
eign or domestic ussocin.•
tion, movement, group,. ot• combination
of persons whlch is totalitarian, Fascist,
Communist, ot• subversive, or which
adopted, or s11ows, a policy of advocating
or the commission or nets of
force o1· violence to deny otl'lcr persons
their rights under the Constltutlon of
the United Sta.tes, or which seeks to nltel'
the form of government of the United
States by unconstitutional means.
<G> Intentional, unauthorized disclos-
ure to any person of security informa-
tion, o1· of other lnfOl'mation disclosure
Case 5:13-cv-00982-OLG Document 25-2 Filed 11/22/13 Page 4 of 5
2492
of which is prohibited by lnw. or willful
violation or disregard of securlty rcerula-
tlons.
(7) Performing or attempting to per-
form his duties, Ol' otherwise acting, so
as to serve interests of another gov-
elnment In Pl'Cference to the interests
of the United States.
(b) 'l'he investigation of persons en-
tering or employed In the competitive
service shn.ll primarily be the l'esponsi-
billty of the Civil Service Commission,
except in cases in which the head of a
department Ol' agency assumes that l'e-
sponsibility pursuant tQ law or by agree-
ment with the commission. The Com-
mission shall fm·lllsh a. full investigative
:report to the department or agency con-
cerned. ·
Cc> The investigation of persons <in-
cluding consultants, however employed),
entering employment of, or employed by,
the Government other than in the
petitlve service shall pl'iP\a1'1lY be the
l'esponsibllity of the employing depart-
ment or agency, Departments a.nd
agencies without investigative facilities
may use the investigative facUlties of the
Civil service Commission, and other
partments and agencies may use such
facUlties under agreement with the com-
mission.
(d) There shall be promptly
to the Federal Bureau of Investigation
all investigations being conducted by any
other agencies which develop informn.-
tion indicating that an individual may
have been subjected to coercion. inftu-
ence, or Pl'eSSUl'e to act contrary to the
interests of the national security, or
formation relating to any of the matte1·s
described in subdivisions <2> through ('7)
of subsection <a> of this section. , In
cases so refel'l'ed to it, the Federal Bu-
reau of Investigation shall make a full
field investigation.
SEc. 9. <a.>. There shall be establ!.shed
and maintained in the Civil Service Com-
mission a secul'ity-investigntlons index
covering all pe1·sons as to whom security
investigations have been conducted by
any department o1· agency of the Gov-
ernment under this Ol'der. The central
index established and maintained by
the Commission under Executive Order
No. 9835 of March 21, 1947, shall be made
a part of the security-investigations in-
dex. The security-investigntions index
shall contain the natne of each person
Investigated, adequate identifying infor-
mation concerning each such person, and
a reference to each department and
agency which has conducted an lnvestl-
ga.tlon concerning the pe1·son involved
or has suspended or terminated the em-
ployment of such person under the au-
thor1ty granted to heads of departments
and pgencics by or In accordance with
the said act of August 26, 1950.

THE PRESIDENT
(b> The heads of all departments Bnd
agencies shall furnish prQrnptly to the
Civll Service Commission information
appropriate fot• the establishment 1111d
maintenance of the security-investiga-
tions index.
<c> The l'epot·ts and other investiga-
tive material and information at!Velopl'd
by investigations conducted pursuant
to o.ny stnLute, order, or pt•og1'am de-
scJ•ibed in section 7 of this ordet· shall
t'ehl.ain the propetty of the investigative
agencies conducting the invcstigatlons,
but may, subject tQ considerations of the
national security, be retained by the de-
portment or -agency concet·ned. such
reports and othe1· investigative material
and information shall be maintained in
confidence, and no access shall be given
thereto except, with the consent of the
investigative agency concerned, to otheL·
departments and agencies conduct.ing
security Pl'OCl'ams under the authorlt.y
granted by or in accordance with the said
act of August 26, 1950, as may be a·equired
fot• the efficient. conduct of Govel·ument
business.
SEc. 10. Nothing in this order shall
be construed as eliminating o1· modifying
in any way the requirement for any in-
vestigation o1· any determination as to
security Which may be required by law.
SEc. 11. On and after the effective date
of this order the Loyalty Review Board
established by Executive Order No. 9835
of March 21, 1947, shall not accept
agency findings for review, upon appeal
or otherwise. Appeals pending before
the Loyalty Review Board on such date
shall be to final determination in
accordance with the provisions of the
said Executive Order No. 9835, as
amended. Agency determinations favor-
able to the officer or employee concen1ed
pending before the Loyalty Review Board
on such date shall be acted upon by such
B9ard, and whenever the Board is not
in agreement with such favomble deter-
mination the cn.se shall be re!llllnded to
the department or agency concerned for
determination in with the
standards and procedw·es established
PUrsuant to thiS order. Cases pending
before the regional loyalty boards of the
Civil Service Commission on which hear-
ings have not been Initiated on such date
shall be l'efel'l'ed to the department or
agency concerned. Cases being heard
by regional loyalty boards on such date
shall be heard to conclusion, and the
determination of the :board shall be
forwnt·ded to tl1e hend of the depart-
ment or agency concerned: Provided
that If no specific departl:llent or agcnc;
is involved, the case shall be dismissed
without prejudice to the appllcant. In-
vestigations pendlng in the Federal Bu-
reau of Investigation or the Civil Service
Conunlss!on on such date shall be com-
pleted, and the reports t.hereon ShEI.ll be
made to the appropriate department or
ugency,
SEc. 12. Executive 01'der No. 9835 of
March 21, 1947, us amended, ls he•·eby
revoked. For tho uur]loscs descl'ibed in
section 11 he1·eof the Loyalty Review
Boal'd nnd regionulloyalty boal'cla of
the Civil Service Commission shall con-
tinue to exist and fllnctlon for a purlod
of one hundred and twenty days f1•om
the effective date of thJ.s ol'der, and the
Department of Justice shall conthme to
furnish the info1·mn.tion described In
paragraph 3 of Part III of the snid EK-
ecutlve Onlcr No. 9835, but directly to tlle
head of ench department and agency,
SEc. 13. The Attorney General is
quested to 1·ender to the heads of depart-
ments and agencies such advice as mny
be requisite to enable them to estnbllsh
and maintain an appropriate
security program,
SEc. 14. Ca) The Civil Service Com-
mission, with the continuing advice nnd
collabomtion of representatives of such
departments and agencies as the Na•
tional Security council may designate,
shnll make a continuing study of the
manner in which this o1·der is being im-
plemented by the . departments and
agencies of the Government the
pose of detel'mfnlng:
( 1) Deficiencies in the department and
agency security programs established
under this order which are inconsistent
with the interests of, or directly or indi-
rectly weiken. "the national security.
< 2 > Tendencies in such programs to
deny to individual employees fair, im-
pr,rtlal, and equitable treatment at the
hands of the Government. or lights un-
der the Constitution and laws of the
United States or this order.
Information affecting any department
or agency developed or received during
the course of such continuing study
shall be furnished immediately to the
head of the department or agency con-
cerned. The Civil Se1:Vice Commission
shall 1·epart to the National security
Council, at least semiannually, on the
results of such study, and shall l'ecom-
mend means to correct atll' such defi-
ciencies or tendencies.
<b) All departments and agencies of
the Government are dil·ected to cooper-
ate with the Civil Service Commission
to facllltate the accomplishment of the
responsibilities assigned to it by
tion (a) of this section.
SEc. 15. This   shall become
tlve thirty days nfter the da.te hereof,
DWIGlll' D. Els£NH:OWER
THE WroTE HOUSE,
April 27, 1 !153.
[F. R, Poe. 63-3'70'; Filed, .Apr. 27, 1053;
4:04 p, m.)
Case 5:13-cv-00982-OLG Document 25-2 Filed 11/22/13 Page 5 of 5
EXHIBIT 33
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 1 of 29
81ST CONGRESS}
ftd Session
SENATE
{
DocpMENT
No. 241
EMPLOYMENT OF HOMOSEXUALS AND OTHER
SEX PERVERTS IN GOVERNMENT
INTERIM REPORT
SUBMITTED TO THE
COlLMITTEE ON EXPENIHTURES IN THE
EXECUTIVE DEPARTMENTS
BY ITS
SUBCOMMITTEE ON INVESTl6ATIONS
PURSUANT TO
S. Res. 280
(81st Congress)
A RESOLUTION AUTHORIZING THE COMMITTEE ON
EXPENDITURES IN THE EXECUTIVE DEPART·
MENTS TO CARRY OUT CERTAIN DUTIES
DECmonm 15 (legislative day, NOVEMBER 27), 1960.-0rdered to be printed
UNITED STATES
GOVERNMENT PBIN'l'l:NG OFF!Olll
WASHINGTON : 1960
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 2 of 29
COMMI'.rTEE ON EXPENDITUHES IN THE EXECUTIVE
DEIPARTMl'}NTS
JOHN L. McCI,EI,LAN, Arkansas, Chairman
. JAMES 0. EASTI,AND, Mississippi JOSEPH R. McCARTHY, Wisconsin
It. HOEY, Noret Carolina IHVING M. IVES, New Yorl£
HERBHHT"lt. O'CONOR, Maryland KAltL E. South Dakota
HUBEU'l' H. HUMPHHEY, Minnesota CHASE     ltlaine
EDWARD L. LEAHY, Rhode Island ANDlU<nV F. SCHOEPPEL, Kan!lll.!.l
WILLIAM BENTON, Connecticut AH.'l'UUH H. VANDENBEUG, Mlcbigll.ll
WALTER L. REYNOLDS, Oierk
!NVESTIOATIONS SUHCOl\fliHTTEE
CLYDE R. HOEY, North Carolina, Ohalrmrna
HERBERT R. O'CONOR, Maryland KARL E. MUNDT, South Dakota
JAMES 0. EAS'l'L.AND, Mississippi MAHG.ARET CHASE SMITH, Maine
JOHN L. McCLELLAN, Arkansas .ANDHEW F. SCHOEPPEL, Kansas
FtU,NCU.I D. FLANAGAN, Ohtel QouMei
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 3 of 29
CONTENTS
Introduction _____________________________________________________ _
Sex perverts as Government employees ____ ---- ______ -----------------
General unsuitability of sex perverts----------------------------·
Sex rerverts as security risks.--- ______ ---_. _______ .., __ • ___ ---_--·
Extent o sex perversion in Government------------------------------
Handling of sex perversion problem in Government--------------------
The rules of Government regarding tho employment of sex perverts __
Methods used to prevent sex perverts from obtaining Government
employment and to remove them from Government jobs. __ .• _._
The necessity of thoroughly investigating cases of sex perversion in
Government .• _____ :.. __ .. ______ ._ •••• _.------ ____ -----.--_-_--
Failure to obtain police records. ________________________________ _
Lack of review procedures. ____________ --- ___ • ________ ----------
Handling of sex perversion cases by the legislative branch _________ _
Handling of sex perversion cases in the District of Columbia________ •
Deficiencies in the present criminal statutes of the District of
urnbia •• ----------------------------------------------------
Action by local authorities in sex perversion eases.----------------- Conclusion _______________________________________________________ _
m:
S. Doc., 81-2, vol. 11--111
Pace
1
3
3
4
6
8
8
9
11
14
15
15
18
19
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 4 of 29
81sT CoNGRESS}
IJd Session
SENATE
{
DoctTJOlNT
No. 241
EMPLOYMENT OF HO:MOSEXUAI.JS AND OTHER
SEX PERVERTS IN GOVERNMENT
DECEKBE8 15 (legislative day, NoVEMBER 27), 1950.-0rt'leret'l to be printed
Afr. HoEY submitted the following
INTERIM REPORT
[Pursuant to S. Res. 280, 81st Cong.]
Made to the Committee on Expenditures in the Executive Departments by its
SUbcommittee on Investigations
INTRODUCTION
The Senate Investigations Subcommittee of the Committee on Ex-
penditures in the Executive Departments was directed, under au-
thority of Senate Hesolution 280 (81st Cong., 2d sess., adopted June
7, 1950), (see Appendix I), to make an investigation into the employ-
ment by the Government of homosexuals and other sex perverts. This
resolution was the result of preliminary inquiries made earlier this
year by a subconunittee of the Senate District of Columbia Subcom-
mittee on Appropriations composed of Senator Hill of Alabama an!l
Senator "\Vherry of Nebraska. The reports and testimony of that
subcommittee were of considerable ·vnlne to the InvestigatiOns Sub-
committee in the conduct of this inquiry.
An investigation on a Government-wide scale of homosexuality and
other sex perversion is unprecedented. Furthermore, reliable, factual
information on the subject of homosexuality and sex perversion is
somewhat limited. In the past, studies in this field, for the most part,
were confined to scientific studies by medical expert.c:; and  
The criminal courts and the police have had considerable expenence
in the handling of sex r,erverts as law violators, but the subJect as a
personnel problem until very recently has received little attention
from Government administrators and personnel officers.
The J>rimary objective of the subcommittee in this inquiry was to
determme the extent of the employment of homose:s:uals and other sex
perverts in Government; to consider reasons why their employment
by the Government is undesirable; and to examine into the efficacy of
the methods used in dealing with the problem. Because of the com-
plex nature of the subject under investigation it was apparent that.
1
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 5 of 29
2 EMPLOYMENT OF HOMOSEXUALS IN GOVERNMENT
this investigation could not be confined to a mere personnel inquiry.
'I'herefore, the subcommittee considered not only the security risk and
other aspects of the employment of homosexua1s, including the rules
and procedures followed by Government agencies in handling these
casesi but inquiries were also made into the basic medical, psychiatric,
socio ogical and legal phases of the problem. A number of eminent
physicians and psychiatrists, who are recognized authorities on this
subject, were consulted and some of these authorities testified before
the subcommittee in executive session. In addition, numerous medi-
cal and sociological studies were reviewed. Information was also
sought and obtained from law-enforcement officers, prosecutors, and
other persons denling with the legal and sociological aspects of the
problem in 10 of the larger cities in the country.
The subcommittee, being well aware of the strong moral and social
taboos attached to homosexuality and other forms of sex perversion,
made every effort to protect individuals from unnecessary public ridi-
cule and to prevent this inquiry from becoming a public spectacle. In
carrying out this policy it was determined at the outset that all testi-
mony would be takei1 by the subcommittee in executive session.
Accordingly, all witnesses appearing before the subcommittee testified
in executive hearings. In the conduct of this investigation tho sub-
committee tried to avoid the circus atmosphere which could attend.
an inquiry of this type and sought to make a thorough factual study
of tho problem at hand in an unbiased, objective manner.
It was determined that even among the experts there existed con-
siderable difference of opinion concerning the many facets of homo-
sexuality and other forms of sex perversion. Evon tho terms "sex
pervert" and "homosexual" are given different connotations by the
medical and psychiatric exports. For the purpose of this report the
subcommittee has defined sex perverts as "those who engage in unnat-
ural sexual acts" and homosexuals nre perverts who mny be broadly
defined ns "persons of either sex who as adults enga·go in sexual activl·
ties with persons of the same sex." In this inquiry the subcommittee
is not concerned 'With so-called latent sex perverts, namely, those per-
sons who knowingly or unknowingly have tendencies or inclinatiOns
toward homosexuality or other types of sex perversion, but who, by
the exercise of self-restraint or for other reasons do not indulge in
overt acts of perversion. This investigation is concerned only with
those   ~ · h o engage in overt acts of homosexuality or other sex
perversiOn.
'l'he subcommittee found that most authorities agree on certain
basic :facts concerning sex perversion and it is felt that these facts
should be considered in any discussion of the problem. Most authori-
ties believe that sex deviation results frorn psychological rather than
physical causes, and in many cases there are no outward characteristics
or physical traits that are positive as identifying marl{s of sox per-
version. Contrary to a common belief, all homosexual males do not
have feminine mannerisms, nor do all female homosexuals display
mnsculino characteristics in their dress or actions. The fact is that
many male homosexuals are very masculine in their physical appear-
ance and general demeanor, and many female homosexuals have every
appearance of femininity m their outward behavior.
O(\nera11y speaking, the -overt homosexual of both SI.'Xes can be di-
vided into two general types; the active, aggressive or male type, and
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 6 of 29
EMPLOYMENT OF HOMOSEXUALS IN GOVERNMENT 3
the submissive, passive or f<•mnle type. The passive type of male
homosexual, who often is effeminate in his mannerisms and appearance,
is attracted to the masculine type of man and is friendly and congenial·
with women. On the other hand the active male homosexual often has
a dislike for women. He exhibits no traces of femininity in his speech
or mannerisms which would disclose his homosexuality. This active
type almost exclusively attracted to the passive type of homosexual
or to young men or boys who are not necessarily homosexual but who
are effeminate in general appearance or behavior. 'l'he active and pas·
si ve type of female homosexual follow the same general patterns as
their male counterparts. It is also a !mown fact that some perverts
are bisexual. This type engages in normal heterosexual relatiOnships
as well as homosexual activities. These bisexual individuals are often
married and hnve children, and except for their perverted activities
they appear to lead normal lives.
Psychiatric physicians generalJy agree that indulgence in sexually
perverted practices indicates a personality which has failed to reach
sexual maturity. The authorities ngree that most sex deviates respond
to psychiatric treatment and can be cured if they have a genuine
desire to he cured. However, many overt homosexuals have no real
desire to abandon their way of life and in such cases cures are difficult,
if not impossible. The subcommittee sincerely believes that persons
nffiieted with sexual desil:es which result in their engaging in overt acts
of perversion should be considered as- proper chses for medical and
psychiatric treatment. However, sex perverts, like all other persons
who by their ove.rt nets violate mol'nl codes and lnws and the accepted
standards of conduct, must be treated as transgressors and dealt with
accordingly.
SEX PERVERTS AS GOVERNMENT E:MPLOYEES
'l'hose chnrged with the responsibility of operating the agencies of
Government must insist that Government employees meet ncceptnble
standards of personal conduct. In the opinion of this subcommittee
hemose>xmtls nnd other SC'X perverts are not proper persons to be em-
ployed in Government for two reasons; first, they are generally un-
suitable, and second, they constitute security risks.
m:XEIUI. UNSUITABILI'I'Y Ol!' SEX l'JmVImTS
0\'ert acts of sex perversion, indnding acts of homosexnnlity, con-
stitute a crime undC>r our Federal, State>, and municipal statutes and
persons who commit such acts are lnw violators. Aside from the
criminality nnd immorality involved in sex perr<>rsion such behavior
is so contrary to the the normal accepted slamlards of social behavior
that persons who <>ngnge in such activity nrc ]ooked upon as outcasts
society gcnemlly. The social stign1n nttnched to sex perversion
IS so great that mnny go to great lcnp:ths to conceal their per-
verted tcndPnciPs. This situation is evidenced by the fact that perverts
are frequently victimized by bln.clunailers who threaten to expose their
sexual dcviat'ions.
Law enforecm<'i1t office-rs have informed the sulJcmnmittee that there
are gnngs of who mnke n   practice of preying upon
the homosexual. 1 he modus operandi m these homosexual black-
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 7 of 29
4 EMPLOYMENT OF HOMOSEXUALS IN GOVERNMENT
mail cases usually follow the same gt>.neral pattern. The victim, who
is a homosexual, has managed to conceal lus perverted activities and
usually enjoys a good reputation in his commul)ity. 'l'he blackmailers,
by one means or another, discover that the victim is addicted to homo-
sexuality and under the threat of disclosure they extort money from
him. These blackmailers often impersonate police officers in carrying
out their blackmail schemes. Many cases 'have come to the attention
of the police where highly respected individuals have paid out sub-
stantial sums of money to blnckmnilers over a ]on" period of time
rather than risk the disclosure of their homosexual nctivities. The
police believe that this type of blackmail racket is much more extensive
thnn is generally lmmvn, becnnse they have found that most of the
victims are very hesitant to bring the matter to the attention of the ·
authorities.
In further considering the general suitability of perverts as Goy-
ernment employees, it is generallv believed that those who engage in
overt acts of pei·version luck the en1otional stability of normal persons.
In addition there is an abundance of evidence to sustain the conclusion
that indulgence in ads of sex perversion weakens the moral fiber of
an individual to a degree that he is not suitable for a position of
responsibility.
Most of the authorities agree and our investigation hns shown that
the presence of a sex pervert in a Government agency tends to have a
corrosive influence upon his fellow employees. These perverts will
frequently attempt to entice normal individuals to enguge in perverted
practices. This IS particularly true in the case of young and impres-
sionable people who might come nnd<'r the influence of a pervert.
Government officials have the responsibility of keeping this type of
corrosive influence out of the agencies under their control. It is par-
ticularly important that the thousands of young men and women who
are brought into Federal jobs not be subjected to that type of influence
while in the service of the Govermnent. One homosexual can pollute
a Government office.
Another point to be considered in whether a sex per-
vert is suitable for Government employment is Ius tendency to gather
other perverts about him. Eminent psychiatrists have informed
the subcommittee that the homosexual is likely to seek his own kind
because the pressures of society are such that he fe·els uncomfortable
unless he is with his own kind. Due to this situation the homosexual
tends to surround himself with other homosexuals, not only in his
social, but in his business life. Under these circumstances if a homo-
sexual attains a position in Government where he cnn influence the
hiring of personnel, it is almost inevitable that he will attempt to place
othet· homosexuals in Government jobs.
SEX I'ERYl-:R'l'S AS SECURITY RISKS
The conclusion of the subcommittee that a homosexual or otl1er sex
is a security risk is not basrd upon mere conjecture. That con-
clusion is predicated upon a careful reYiew of the opinions of those
best to matters o\ in   namely,
the mtelb&ence agencies of the Government. lestnnony on tlus
phase of the inquiry was taken from representatives of the :H'ederal
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 8 of 29
l:tMPLOYMENT OF HOMOSEXUALS IN GOVERNMENT 5
Bureau of Investigation, the Central Intelligence Agency, an'd the in-
telligence services of. the Army, Navy and Air Force. All of these
agencies are in complete agreement that sex perverts in Government
constitute security risks.
The lack of emotional stability which is found in most sex perverts
and the weakness of their moral fiber, makes them susceptible to the
blandishments of the foreign espionage agent. It is the experience of
intelligence experts that perverts are vulnerable to interrogation by
a skilled questioner and they seldom refuse to talk about themselves.
Furthermore, most perverts tend to congregate at the same restau-
rants, night clubs, and bars, which places can be identified with com·
parative ease in any community, maldng it possible for a recruiting
ngent to develop climdestine relationships which can be used for es-
pionage purposes.
As has been previously discussed in this report, the pervert is easy
prey to the blach:mailer. It follows that if blackmailers can extort
money from a homosexual under the threat of disclosure, espionage
agents can .use the same type of pressure to extort confidential infor-
mation or other material they might be seeldng. ·-A classic case of this
type involved one Captain Uaedl who became chief o£ the Austrian
counterintelligence service in 1912. He succeeded in building up an
excellent intelligence net in Russia and had done considerable damage
to the espionage net which the Russians had set up in Austria. How-
ever, Russian agents soon discovered that was a l1omosexual
and shortly thereafter they managed to catch him in an act of per-
Yersion as the result of a trap they had set for that purpose. Under
the t.hreat of exposure Raedl agreed to furnish and he did furnish
the Russians with Austrian military secrets. He also doctored or
destroyed the intelligence reports which his o,wn Austrian agents were
sending from Russia with the result that the Austrian and German
General Staffs, at the outbreak of W'orld '\Var I in 1914, were com-
pletely misinformed as to the Russian's mobilization intentions. On
the other hand, the Russians had obtained from Raedl the war plans of
the Austrians and· that part of the German plans which had been made
available to the Austrian Government. Shortly after the outbreak of
the war Captain Raedl's traitorous acts were discovered by hiu own
Government and he committed suicide.
Other cases have been ·brought to the attention of the subcommittee
where Nazi and Communist agents have attempted to obtain infor-
mation from employees of our Government by threatening to  
their abnormal sex activities. It is an accepteu fact among intelligence
agencies that espionage organizations the world over consider sex
perverts who arc in possession of or have access to confidential mate·
rial to be prime targets where pressure can be exerted. In virtually
every case despite protestutions by the perverts that they would never
succumb to blackmail, invariub1y they express considerable concern
over the fact that their condition might become known to their friends,
associates, or the public at large. 'l'he present danger of this security
problem is 'vell il1ustrated by the foHowing excerpt from the testi·
mony of D. :Milton Ladd, Assistant to the -Director of the Federal
Bureau of Investigation, who appeared before this subcommittee in
Executive session:
The Communists, without principles or scruples, hnve n program of seeking
out weaknesses of lenders in Goycrnrnent and industry, In fact, the FB'I bas In
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 9 of 29
6 E!MPLOYMENT OF HOMOSEXUALS IN GOVERNMENT
its possession Information of unquestionable rcHabiUty thnt orders have been
issued by high Rul-lslnn intelllgen<.-e officials to their agents to secure details of
the private lives of Go'\'cmment otncinls, their weaknesses, their associates, and
in fuct e,·ery bit of info1•mntion regnruing them, hoping to finu a chinl;: in their
armor and a weakness upon whl<!h they might cnpltnllze nt the   Ume.
The subcommittee in pointing out the unsuitability of perverts for
Government emfloyment is not unaware of the fact that there are
other patterns o human behavior which also should be considered in
passing upon the general suitability or security-risk status of Govern-
ment employees. There is little doubt that habitual drunkards, persons
who have engaged in criminal activities, and those who indulge in
other types of infamous or scandalous personal conduct are also unsuit-
able for Government employment and constitute security risks. How·
ever, the subcommittee, in the present im·estigation, has properly
confined itself to the problem of sex perverts.
EXTENT OF SEX PERVERSION IN GOVERNMENT
It is not possible to determine accurately tho number of homosexuals
and other sex perverts in the Government service. The only known
perverts are those whose activities have been brought to the attention
of the authorities as the result of an arrest or where some other specific
information has resulted in the disclosure of their perversion.
Not even the experts are in agreement as to the incidence of homo-
sexuality and other se:'\ perversion among the general population and
to attempt to arrive at an estimated figure as to the number of perverts
in the Federal Government ,.,-on ld be sheer speculation and serve no
useful purpose. 1Vhilc most authorities agree that the incidence of sex
perversion follows a rather constant pattern throughout our entire
social structure, regardless of education, wenlt11, or social position, it
clearly does not follow that the same relative number of perverts
should. be found in the :Federal service as are found outside of the
Government. In this regard we must consider the fact that homo-
sexuals and other persons with arrest records or other known indica-
tions of unsavory character are largely eliminated from a great many
Federal position's in such agencies ns the Atomic Energy Commission,
the Federal Bureau of Investigation, the State Department, certain
branches of the Treasury, and other sensitive jobs where all applicants
are thoroughly investigated prior to   Furthermore,
some check 1s made of all Government employees pnor to or soon after
their appointment and this would tend. to eliminate many undesirables.
In considering the extent of homosexuality in the Government, the
subcommittee has confined itself, as far as it has been reasonably possi-
ble, to those cases where specific information has led to the conclusion
that a person is a pervert, or at least a likely suspect. It reali:r.ed
that there are bound to be some unknown perverts in Government, be-
cause in any organization as large as the Federnl Government lt
logical to assume that there '\ViH be perverts whose clandestine activi-
t · may never be discovered. However, it is expected that the num-
ber of perverts in Government can be kept to a minimum if the prob-
lem is handled r>roperly.
The subcommittee has attempt('d to arrive at some id<'a as to the
f'Xtent of sex among Government emplovecs by obtaining
informntion from the personnel records of aU agencies
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 10 of 29
EMPLOYMENT OF HOMOSEXUALS IN GOVERNMEN'l' 7
and the police records in the District of Columbia. Due to the man·
ner in which personnel records are maintained it was found that any
effort to obtain statistics from these records prior to January 1, 1947;
would necessarily involve a prohibitive cost und that the fragmentary
information obtained from such records prior to that date would be
of Jittle or no value to this investigation.
An individual eheck of the Feclernl agencies revealed that since
.January 1, 1947, the armed services and civilian agencies of Govern-
ment have handled 4:954 cases involving charges of homosexuality or
other types of sex perversion. It will be noted that the bulk of these
cases are in the armed services as is indicated by the fact that 4,380
o£ the lmown cases in Government involved military personnel and
574 iiwolved civilian employees. Howe,·er, in consiclering these sta-
tistics it is pointed out that the incidence of homosexuality and other
forms of sex perversion is usually higher in military organizations or
other groups where large numbers of men (or women) live and work
in close confinement and are restricted in their normal social contacts.
Furthermore it must be borne in mind in relation to the larger nu-
merical figures of the military departments that the armed services are
numerically several times larger than any civilian agency of govern·
ment. Another important consideration in druwing conclusions from
these statistics is the fact that the military services, unlike most other
Government agencies, traditionally have been aggressive in ferreting
out and removing sex perverts from their ranks and this is bound to
maim for a larger number of known cases in the services. Attached
as appendix II is a brenkdo'\vn of the statistics- gathered from the
armed services and the attached appendix III is a br(mkdown o£ simi-
lar statistics obtained from the civilian agencies of Government.
In considering the statistics it will be noted thnt two types of action
are taken in sex perversion cases in the military
namely, removal after general court martial or removal by means other
than general court martial. Usual1y in the latter cases the accused is
allowed to resign in lien of court martial. Information is not available
from the militai:y establishments as to the number of cases in which
snspeeted persons were cleared of the charges and restored to duty.
These statistics indicate that of the total 4,380 military removals since
,January 1, 1947,470 persons have been separated as the l'csult of gen-
eral court martial nml 3,910 have been separated by means other than
general court martial. An effort was made also to obtain the number
of ciYilian employees of the armed services which hnve been separated
from the services· since .Tamwry 1947 and it was found that because of
the system of these SPt·vices the cost of obtaining SH<'h infonna-
t ion would he prohibitive. It will be noted in the footnote of nppcndix
II that 42 civi I inns arc known to have been separated from the armed
services at various times since .Tnnnary 1, 1950. these statis-
tics on eivilian employees of the armed services are very fragnwntary
an<l incomplete and for that r<•nson only a passing reference is being
mafl<' to tlwm in this section of the report.
An exnmination of the statistical data gathered from the civilian
agcneic;;; of Gov(•rnment (see App£>nclix III) indicat-es that  
m\r.v 1, 11H7 thronfrh October iH, l!H.lO, 57:! mses hnve b£>en handled
in these agf'ncies. Of that nmnber 207 hnve hcf'n dismisRcd from the.
Govcnmwnt Rf'l'vicc ancl lun·c r0si:nwd. In R5 cases it was <l<'ter-
mined by the employing agency that the facts did not substantiate the
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 11 of 29
8 E:M:PLOYMENT OF HOMOSEXUALS IN GOVERNMENT
charges and the persons involved were retnined. In addition investi·
gntion is pending in 00 cases in which no final determination has been
made as yet.
It is significant to note that it was about Aprill of this yeal" that the
empl_o:yment of sex perverts was given widespread
pubhc1ty as the result of prelnnmary studies by the Senate Appro.
priations Subcommittee. Shortly after that time records of persons
arrested in the District of Columbia on charges of sex perversion were
made available to the various Government agencies and since that
time there has been a marked increase in the number of cases hamllecl
by the Government departments. Excluding the military and civilian
pm·sonnel of the armed services the statistics reveal that out of a total·
of 574 lmo\Yn cases involving employees in all civilian agencies Of
Government only 192 cases were hantlled in a period of over 3 years
prior to April 1, 1050. However, 382 cases have been handled since
that time. "\Vhen it is considered that 133 of the cnses handled prior
to Apri11, 1950, involved employees of the ECA and the State Depart-
ment this means that only 59 perversion cases were handled by all
other civilian agencies of 'the Government prior to the time that the
Congress began its inquiries early this year. These figures clearly
indicate that many of the civilian ngene1es of the Government were
either negligent or otherwise failed to discover many of the homo-
sexmtls in their employ until after this situation was brought to light
as the result of congressional action.
On the other hand an examination of the statistics on military per-
sonnel shows that 3,245 persons were separated from the military
services prior to April1, 1050, and 1,135 persons have been separated
since that time. These figures indicate that the military est.nhlish-
rnents over a period of years have followed a rather uniform and con-
stant pattern in ferretmg out and removing these persons from tho
services while most of the civilian agencies of Government have taken
action in the majority of cases only in the past few months.
'fhe subcommittee compiled these statistics on a Government-wide
basis in the belief that this was the best method of aniving at some
factual basis as to the extent of homosexuality and other types of sex
perversion in Government. The subcommittee is aware thnt in some
mstnnces the statistics furnished are not entirely complete but the
cases reported for the period covere,l, nn.me1y, Jaminry 1, UH7, through
October 31, 1050, nl'e upon nil of the reasonably avn.ilnb1e fncts
and are. not predicated upon sketchy spot checks, estimates, or
speculntwn.
IIANDLING OF THE SEX IN

THE HULES OF   m:G.\HD1XG 'l'UE OF Sl-:X PEH\"F.HTS
The rf'gulutions of the f'iYil.-Rervicc Commif-=sion for mnnv years
have provided that criminal, infamous. dishonest, immot•al or noto-
riously disgmceful roJHlnct, which includes homosexuality or other
types of sPx }X'nersion, are snflieient {!l'onn<ls for <lenving appoint-
nwnt to n Governnwllt position or for the l'<'monll of It pei·son from
the FPdc>ral RN'\'ice. Fmthermore, Hn<ler the civil service r<'gulntions
(Ch. 81-21, Federal Personnel :Manual), specific procedures have been
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 12 of 29
OF HOMOSEXUALS IN GOVERN:MEN'f 9
set up under which unsuitable Federal employees who are subject to
the civil service regulations shall be removed from the Government:
These civil service regulntions are applicable to over {)0 percent of the
civilians employed in the Federal Government and the remaining
civilian employees who are not subject to the rules of the Civil Serv·
ice Commission are covered by agency regulations which are similar
to those of the Commission. In addition to the rules and regulations
of the Civil Service Commission, the armed services have
and adopted their own regulations for the of this proo1em
among military personnel. As was previously pomted out in this
report, the armed services have traditionally taken a firm and agressive
attitude toward the problem, but until early this year, each service was
handling the problem in its own way. In December 1949, the Depart-
ment of Defense effected standard procedures for the handling and
disposition of homosexual cases among military personnel. Since
that time each of the services has issued regulations based upon these
procedures and the problem is uow beil}g handled uniformly in all of
the military services. ..
  USED TO PRI<}\'ENT SEX PERVERTS FUOl\1 OBTAINING GOVERNl\IENT
El'dl'LOYl\!EN'l' AND TO REMOVE 'l'HE.M FROM GOVERNMENT JOBS
In reviewing the methods and procedures in the handling of the
problem of sex perversion in the Government, two factors must be
considered. First, consideration must be given to preventing such
persons from obtaining Government employment and, second, the
methods used in detecting and removing perverts who are already in
the Government service should be e.xamined. Under present pro-
cedures all applicants for Government :positions are screened by the
Civil Service Commission soon after their appointment. 'Vhile these
applicants arc not subject to a full field investigation, their
fingerprints are checked against the files of the FBI to determine
whether they have a prior arrest record, and other name checks are
also made. As a result of this screening process, the Civil Service
Commission notified in the event the applicant has a police record
of sex perversion; and, if such a record docs exist, further investiga-
tion is conducted to determine the complete facts. A spot check of the
records of the Civil Service Commission indicates that bet·ween Jan-
nary 1, 10,17, and August 1, 1050, approximately 1,700 applicants for
Federal positions were denied emplo,vment because they had a record
of homosexuality or other sex perversion.
1
4
"'m·thermore, in most of the sensitive agencies of the Government,
including the Atomic Energy Commission, the State Departm<'nt, nnd
the FBI, all npp1iennts are subjected to a full field investigation.
Needless to say, this type of investigation should eliminate mo::;t sex
perverts and other undesirables from positions in these agencies. How-
ever, it must he borne in mind that as a practical matter even the most
elaborate nnd costly system of investigating upplieants for Govern-
ment positions will not prevent some sex perverts from finding their
way iuto the GoYcrnment service. Considering the fact that it is not
practical to make a complete preemployment investigation of every
Government employee, it is belieYed that the present system of check·
ing applicants is fHteqiHtte: and. if the emploving ngeiwies wiH make
it a standard policy to refuse employment to 'those i>ersons \vho have
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 13 of 29
10 EMPLOYMENT OF HOMOSEXUALS IN GOVERNMENT
a background of perversion, the number of such perverts who get into
the Government service can be kept to a minimum.
On the other hand, the subcommittee lias found that many civilian
agencies of government have taken an 'entirely unrealistic view of the
problem of sex perversion and have not taken adequate steps to get
these people out of government. I{nown peryerts and persons sus-
pected of such activities have been retained in some Government
agencies, or they have been allowed to leave one agency and obtain
employment in another, notwithstanding the regulntions of the Civil
Service Commission and the rules of the agencies themselves. There
are several reasons why this situation existed. In many cases the
fault shmuned ft·om the fact that personnel officers and other oflicinls ·
were acting in out right disregard of ('Xisting rules, and they handled
the problem in accordance with their individual feelings or personal
judgnwnts in the mntter. To fnrthl'r confuse the prob1em, there was
considerable ignorant•e and wide diffC'rence of opinion among  
ernment oflicials ns to how personnel cases involving sex perverts
should be handled. Some officials undoubtedly condoned the employ-
ment of homosexuals for one reason or another. This was particularly
in-those instances where the perverted activities of the employee
were carried on in such a manner as not to create public scandal or
11otoriety. Those who adopted that view bused their concluskns on
the false pt·emise that what a Government employee di(l outside of
the office on his O\VB time, particularly if his actions did not involve
his follow employees or his work, wns his own business. That con-
elusion nuty be true with regard to the normal behavior of employees in
most types of Government work, but it does not apply to sex perversion
or any other types of criminal activity or similar misconduct.
There also appears to have been a tendency in many Government
ngencies to adopt a head-in-the-sund attitude toward the problem of
J?erversion. Some agencies tried to avoid the problem either by
makmg no real effort to investigate charges of homosexuality or by
failing to take firm and positive steps to get lmown perverts out of
Government and keep them out. In other cases some agencies did get
rid of but in an appnrent effort to conceal the. fact that they
had such persons in t.heir employ, they eased out these perverts by one
means or another in as quiet a manner as possible and circumvented
the established rules with respect to the removal or dismissal of un-
suitable personnel from Gonrnment positions. As a result of this
situation a sex pervert would he forced out of one department. and in
many instanf'es he would promptly obtain employment in another
public agency. Such cases oecmTe<l beeause the pervert was mmnll,v
n11owed to resign and the l'<'fll reason for his resignation 'Wa:, not noted
in his regular personnel file. nor was the Civil Service Commission
notifiPd of the nctua1 reason for the •·esignation. In order to prevent
exactlv that t ,·pe of abuse. the ci\'il sen·ice regulations. for a. number of
'ears,· have tirovided that when an employee resigns or is dismissed
from an agency the real reru::on must be noted hi his personnel file
nnd the Civil Service Commission must also be notified. This acts as
a double ched{ in thnt the regular personnel file must be forwnnled to
any new agPncy to which the employee might transfer nnd the deroga-
info1·mation is also curried in the central files of the Civil Service
Coin mission.
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 14 of 29
EMPLOYMENT OF HOMOSEXUALS IN GOVERNMENT 11
A glaring example of this Iatter.situat.ion involved the 01 homo-
sexuals who left the State Department between January 1947 and
January 1050. In most of those cases these known homosexuals. were
allowed to resign for "persona 1 reasons" and no information was
placed in the regular personnel files of the State Del)artment indicat-
ing the rE>al reason for the resignation; nor was the C1vi1 Service Com-
mission informed of the true reason for the resignation. The actual
fncts involved in the remoYal of these individuals were entered in cer-
tain confidential files of the States Department. Due to the manner
in which these cases '\Yere mishandled, 23 of those 01 State Depart-
ment employees found tlwir way into other departments of the Gov-
ernment. The Civil Service happened to uncover 6 of these 23 C!lses
as the result of independent but no notification was
given to the Commission by the State Department concerning the real
reason for the dismissal of any of these persons until 1\fareh of this
year. At the pl'esent time 22 of these homosexuals have been removed
from the ngcn('ies to Yrhich they transferred after leaving the S!nte
Department. In one case the individual inYolved 'iYas retained in the
new agency after n rccom:;iderntion of the fads in his case.
-- The CiYil Commission does make periodic inspections
of pm·som1cl files in the various Gon'rmnent ngencies for the purpose
of determining whether civil ser\·ice r<'gulations are being violated
such as wus done in these 23 car;es. Hec<'nt!y the (:ommiHsion expanded
i he operations of this inspection senice and anticipates that more
intcnsiH('d insp('etion in the future will this type of violation.
The Commission has assured the subcommittee thnt it will mnkc every
<'ffort to prevent Yiolntions of the rul('s in the future and that a't
the p1·esPnt time the State Dcpn rtment n nd oi her ngenciC's n re not i fri ng
the Cmnmission rmd are properly recording the dismissals of' sex
pcrYe1·ts in their personnel files.
As !!as be<'n previously staled, the l'<'g'llintions of the Civil Service
Cmmmssion prodcle that certain procedures must he followed bv
Government agencies in r<'moving sex   or other umlesirabfo
chil service rmploypes from the GO\'ernment. In pssence the rf'<ru-
1ntions provide that the employee must be informed in writin(r of tho
charges against him: that he mnst be allmved a reasonab]e time to
file an answer; and that if the employee nns'.vers the charges, his an-
swers must be considered by the agency and he must be furnished v..ith
a written decision in his caHe. 'Vhile this procedure give the employ(!e
an opportunity to know nncl answer the charges against him, the
subcommiHee is convinced that unless the pers()ns who actually ud-
minir.:;ter these procedures are in possession of suffici£>nt facts· upon
which to draw up the charges and to make their final decisions, the
public interest will not be p1;otected adequately.
'l'IU: NECESSITY OF 'l'IIOROUGlJl,Y INVES'fiOA'l'TNG CASES OF
l'EHVEHSION IN 00\'EHN:.uJ<;N'l'
Ru1es, and procedures arc of little value in dealing with
sex: perverts m Government unless fuH and complete facts which can
be established

are for the
re\ 1ew of the agencies m each spemfic case. 1 he only effective way
to handle sex perversion cases in a Government agency is to make surB
that every reasonable complaint is thoroughly investigated. Many of
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 15 of 29
12 EMPLOYMENT OF HOMOSEXUALS IN GOVERNMENT
these cases fit·st come to the attention of a Government agency as the
result of an arrest on a morals charge. In such a case the investigation
should not be confined to a mere review of the arrest record. While
it is not deemed advisable to set forth in this report a detailed outline
of the investigation that should be made in sex perversion-cases, there
are certain investigative steps that should be followed out in these
cases. In this r<':gard the subcommittee has found that many persons
in and out of Government believe that evidence tending to prove or
disprove homosexuality or other types of sex perversion is difficult,
if not im1Jossible to obtain. That IS not a fact. On the contrary the
subcommittee has found that in most of these cases concrete informa-
tion can be adequately developed by experiencPd   using .
accepted investigative techniques. Examinations by medwal psychia-
trists experienced in this field can be helpful but there is evidence
that such tests are by no means conclusive. Some psychiatrists have
been successful in detecting homosexuality and other forn1s of sex
perversion by means of psychiatric tests, but they have been most
successful in those cases where information concerning the patient's
life and activities has been made available to them as a result of col-
lateral investigations. _
Most of the large Government departments have trained investi-
gative staffs which are capable of making investigations in these sex
cases and many of the smaller agencies which do-not have such staffs
can refer these cases to the Civil Service Commission or obtain advice
and counsel from the Commission on the investigative steJ?S to be taken
in these cases. In spite of the im{'ortance of_n thorough mvestigation
in these cases, the subcommittee found that a number of the 41 Gov-
ernment agencies which were checked were unaware of the necessity
of making such an investigation. A few agencies had little or no idea
as to what should be done in these cases, and indicated that they
wou]d have the inquiry made by personnel or legal officers or other
administrative officmls of the agency. Such a hit-and-miss method of
placing the responsibility for these investigation3 in the hands of per-
sons with little or no investigative experience is not the proper way
to handle cases of this serious nature. Those officials responsible for
making the decisions in these cases must fortify themselves with ada·
quate facts in each individual case.
FAILURE TO OnTAIN POLICE RECORDS
One of the chief sources of information on sex pervert.c; is to be
found in the arrest records of law-enforcement agencies. The lack of
proper liaison between law enforcement agencies in the District of
Columbia and departments of Government has resulted in many known
sex perverts being retaine<i in Government jobs. For a period of
approximately 3 years prior to April 1050 the Metropolitan Police
Department and the National Park Police are known to haYe arrested
1,200 sex perverts in the District oi Columbia and 457'of these perverts
indicated that they were Government employees at the time of arrest.
By April and :&lay of this year, when the Civil Service Commission
was finally furnished with these police records only 198 of those pre-
viously arrested on morals charges were still in the employ of the
Goverrunent. This discrepancy can be accounted for in two ways.
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 16 of 29
EMPLOYMENT OF HOMOSEXUALS IN GOVERNMENT 13
Some persons arrested indicated that they were employees of the Gov-
ernn;tent, when, in fact, they were not, and others left the Gov-ernment
serv1cc between the time of their arrest and the time the police records·
made available to the Civil Service Commission. 'l'he military
serviCes 'Ye.re the .only of   whi.ch
regular luuson With the police authorities m the D1str1ct of Colnmbm
for the purpose of obtainmg information concernh1g the arrest of their
personnel on perversion charges.
Adequate procedures have now been established to correct tllis re-
grettable situation which existed up until April of this year. At tl1at
time the FBI obtained all available police records in the District of
Columbia of persons who had been charged with perverted sex offenses
and this information was furnished promptly to t11e Civil Service
Commission and the other agencies of Government. 'l'he FBI also
began furnishing to the Civil Service Commission the criminal records
of persons currently arrested by the police throughout the country
on charges of sex perversion who were lmown to be Government em-
ployees. Upon receipt of that information the Civil Service Commis-
sion transmits the data to the employing agency and later checks up
with the agency to determine what, if any, act10n has been taken in
each case. -
In view of the fact that the police departments in the District of
Columbia and elsewhere fingerprint persons arrested for sex perversion
and forward these prints to the FBI, the present system of channeling
this arrest information on Government employees from the FBI
through the Civil Commission to the employing agency means
that Government agencies are notified promptly ":hen a Government
employee is arrested here or in other parts of the country for perverted
sex activities. Under these circumstances the agency will have an
opportunity to mnke an immediate investigation and will be in a posi-
tion to tal<e the necessary administrative action in each individual case.
LACK OF REVIEW PROCEDURES
In view of the very serious consequences of (lismissnl from the Go,•-
ermnent based on charges of sex perversion, the subcommittee is of
the opinion that reasonable safeguards should be set up for the
proteetion of the individuals involved in these cases. Under :present
procedures certnin categories of Federal have a r1ght to
appeal to the Civil-Service Commission in the event they arc dis-
missed from an agency as sex perverts or for any other reason. How-
ever, no present machinery exists by which persons without veterans'
preference or civil service status can appeal dismissals from the de-
partment or agencies of Government. The subcommittee believes
that every person dismissed from the Government as n sex pervert
should have the right to appeal the findings of the employing ngency
and these appeals should be handled in a uniform manner.
On the other under the Federal employees loyalty program,
any person who is found to be disloyal by. an agency
has the right to appeal to the Loyalty Revtew Board. Tlus Review
Board has the power to review the entire case. It is believed that the
ends of justice would be better served by setting up a similiar type of
review in cases involving the removal of sex perverts from the Fed·
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 17 of 29
14 EMPLOYMENT OF HOMOSEXUALS IN GOVERNMENT
eral Government. Ho,vever, slwnld any such review mnchi_nery be
set up it is further recommended that the Review Board be g1ven the
authority to subpena witnesses and records, powers the Loyalty
Heview Board does not have nt present. It might be parctl-
theticalJy at this point that homosexual or other sex perversiOn cnses
are not handled under the Federal emp]oyees loyalty program. :rhe
ngency loyalty hoards the Lo.):nlty Revjew are author1zed
to consider ouly that evidence bcarmg on an employee's these
boards have no power to act upon charges of sex perversiOn or other
matters reflectin!' upon a person's suitability for Fcderltl employment.
Considering fact that each agency rmd department of Govern-
ment primarily responsibJe for the hiring and fh·ing of its own per-.
sonnel tl1is subcommittee does not propose to set forth or recmmmmd
any detailed blueprint for the handling of the problem of sex per-
version in Go\'ermHent. However, our hns disclosed
certain shortcomings in the present methods of handling the problem
and it is hc>lieved that the foHowing recommendations should he con-
sidered in the future hand1ing of this problem:
1. All reasonable comp1aints of s0x perversion shonld be thoroughly
investigated by qua1ifie<l investigators. Those ngencies withot1t
trained· investigative staffs should request investigations by the Civil
Scnice Commission, or some other investigative agency.
2. The pre::·wnt rules nnd procedures of the Civil Service Commis-
sion, coneel'!ling the employment and disc·harge of sex perverts should
be enfot·ced and carried out by nH agencies of Government.
3. Consideration should be ginm to the establishment of a board of
review oul:-;ide of the employing agency so that nH persons who are
ordered dismissed on charges of sex perversion may appeal the find·
ings of the employing agency.
HANUIJ!::\0 01'' SEX l'J·;nnmSION C.\SES UY THg       BlUNCH
Genem1iy speaking the subcommittee fonnd that the same short-
comings and deliuquencies existed in the handling of this problem
by the legislative lmmch ns were found in the executive branch of
Government. As the rl'sult of this situation there were cast's where
legislative employees who hnd been arrested on charges of sex per-
version were able to remain in their jobs. However, since the initia-
tion of this investigation all known perverts in the legislative agencies
hn\'e either been removed or the cases nrc being given active considem.-
tion. 1\'ith the exception of the General Accounting OHice and the -
Uo\'el'Hment Printing Oilice, which come under the general provisions
of the Civil Service Commission although they arc in the 1egis1ative
branch of the Gonmunent, the legislative branch has adopted no defi-
ni(i.' !•I'O(;edm·es for the handling of sex perversion cnses.
E111ployees of the Library of Congress, the Botanical Gardens, nnd
the employees of both Houses of Congress, are subject to the general
jurisdiction of the Senate Committee on Hules and Administration or
the Committee on House Administrntion. Arrangements have been
made to hnve the Department of Justice furnish these committees with
information coming to the attention of the FBI concerning the arrest
of legislative in these departments in order that investiiYa·
tions cun be made in euch cnse nnd proper administrative action
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 18 of 29
EMPLOYMENT OF HOMOSEXUALS IN 15
It is expected that this arrangement win make it possible for these
t·wo congressional committees to handle properJ:v any future cases of
sex perversion which might be discovered in these legislative depart-
ments.
HANDLIXG Of\ SEX I'ERY'ERSION CASES IN THE
DISTIUCT OF COLUMBIA
Because of the largo concentration d Federal employees in "'nsh-
jngton, D. C., and vicinity, the subcommittee made specific inquiries
into the handling of sex perversion cases by the authorities in the
District of Columbia. A study was made of the numner in which these
<:ases were handlt'd by the poiicc, the prosecutors, and the courts of
the District. This study t·evenled that these cases '"<'re not being
huncHed properly and as a direct result of this investigation some of
the deficiencies found to exist have been corrC'eted. Furthermore, the
present criminal statutes of the Dh't rict of Columbia on sex perver-
sion and related matters were fonnd to be inadequate and proposed
amendments to the Criminal Code of the District o:f Columbia lm vc
been drawn up by the subcommittee.
.IN' THE I>ImSF!N'l' CRL\H}\AL OF Tim DISTRICT OF
COLU:l\IHIA.
At the present time acts of sex perversion including Jwmos<'xunl ac-
tivities are punishnble. in the District of Columbia as sodomy (22 D.
C. 302), attempted sodomy under the general attempt statute (22 D.
C. 103), solicitation for immoral purposes (22 D. C. 2701), indecent
exposure (22 D. C. 112), or under the disorderly conduct statute (22
D. C. 1107). Other sex offenses are punishnb1c under other sections
of the District of Columbia Code:' In cfl'ect this m(>ans that any lewd
or obscene net of sex pe.rversion, except thosn cases involving children
under tho of·lG yenrs, which does not urnount to sodomy, attempted
sodomy, solicitation for immoral purposes, or indecent exposure, can
be prosecuted only as an act of disonlcrlv conduct for which the max-
immn penalty is now a fine of $25. The· fact is that sex perverts, and
homosexuals'in particular, indulge in many obscene and indecent nets
which nrc no,,. punishable only as disorderly conduct. As a result of
this statutory situation most of the homosexuals who are apprehended
for lewd or 'indecent acts committed in the District of Columbia are
charged only with disorderly conduct. If such nets nrc committed in a
national park in tho District of Columbia, the offender could be
charged with a vio1ntion of the rules and regulations of the National
Parks Service which   prohibit the co1mnission of such ob-
scene or indecent acts m the parks under a penalty of $500 fine or 6
months in jail or both (sec. 3.25, Uules and Regulations, National Park
Service, .F'cdera] Hcgister, .Juno 7, 1050). However, as a practical mat-
ter the subcommittee has been mmble to find any cases in recent years
involving lewd or indecent acts in the national parks of the Distdct of
1
A<lultery (22 D. C. 201) ; Incest (22 D. C. 1001) ; prostitution (22 D. r.. 2701 through
2722); rllJJe (22 D. C. 2801): a!!sault wllh intl'nt to commit rnpe (22 D. C. liOl): sellu<'llon
122 D. C. eiO.J) : !mlecent Pl'bllcaUons {22 D. C. 2001) ; treatment of sex psycoi>Il.tbs (22 D. C.
:.loOl through lllHl ),
S. Doc., Sl· 2, Y(ll. 11-112
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 19 of 29
16 EMPLOYMENT 01? HOMOSEXUALS IN GOVERNMENT
Columbia which have been prosecuted under the national park regula-
tions.
In order to correct this statutory deficiency the subcommittee has
drafted u.. proposed nmendment to the Criminal Code which will make
it unlnwfnllo commit any lewd, obscene, or indecent act in the District
of Columbia under penalty of not more than $iJOO fine or imprisonment
of not more than 0 months
1
or bot.h. This amended section of the code
would strengthen the existing indecent exposure statute (22 D. C.
1112)
2
to P!'Ohibit indecent exposures any place in the District of
Jumbia. Under the present statute, it is impossible to prosecute
cent exposure cases occurring in residences and other places not
merated in the statute. This proposed bill which con.tains all of the
amendments and additions recommmendeu by the subcommittee is set
forth in full appendix IV.
At the present time the prosecution of indecent exposure cases is
handled by the Corporation Counsel of the District of Columbia.
However, under the proposed statute these indecent exposure cases,
as weH as cases iny_olving other lewd and obscene acts, will be prose·
cuted by the office of the United Stutes attorney. 'l'he subcommittee
believes, and the Corporation Counsel and the United States attorney
agree, that these sex offenses should be handled in the office of the
United States attorney, particularly in view of the fact that all other
types of sex offenses which are handled under the recently enacted
Sex Psychopathic Act are now prosecuted by that ofl1ce. l:>ln.cin{; the
prospective responsibility for all major sex offenses under the smgle
jurisdiction of the United States attorney should result in a more
uniform administration of such cases.
The penalty in the proposed statute coYering indecent exposure and
obscene or indecent acts was set at a fine of $500 01; 0 months' imprison-
ment, or both, heca,use that same penalty now is in effect for the
commission of obscene or indecent acts in the national parks in the
District of Columbia under the national   rules and regulations.
If this amendment is made law, the penalties for the commission of
decent acts in the District will be the same whether the crime is com-
mitted in the District proper or the national pm·k areas. At the
present time if a person commits an obscene or indecent net in the Dis-
trict of Columbia he is subject to a fine of only $25 under the dis-
orderly conduct statnte while if he committed the same net in a na-
tional park area in the District he would be subject to a fine of $500
or imprisonment for 6 months, or both. Needless to say, there is no
logical rea.son for these discrepancies in the existing criminal laws.
1
It shaH not be 1nwful for any person or persons to make nny obscene or ln!'lerent exp01mre
of his or her person or their pm sons In fill)' street, 1\\'enue, nlley, road or highway, rJpen
spnc<.>, llllblie square, or otlwr puhlic pluce or Inclosure, In the District of Columbia. or to
mak!! any such obscene or tn!lcccnt exposure of [ll:'l'son in any dwelling or other bull!llng
vr other place wherefrom the same may be se!'n In any street, nvcnue, alley, road or hlghway
1
0[11:'11 SJI!lCe, public squnr!', or pulolle or prlvn te bull«llng or lnelo:mre. under p<-nalty oi
imprisonment for not more than 00 days, or a fine of not morE) than $250, for !'neb and
every such olfense.
Any person or persons who shnll mnke nnr obsrone or Indecent exposure of hts or her
person or their persons, as described In suiJsec. (a), lmowlng he or she or they are In the
prestmce or n chilli under the nge of 16 years, shall he punished by lmprlsonm<.>nt of not
more thnn 6 months, or tlne<1 in amount not to exceed $500 (ns nmended, li>'Jptember 26,
1942, 56 Stat. 760, ch. !565; June 9, Hl48, 62 Stat. 346, ch. 428, p, 101).
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 20 of 29
EMPLOYMENT OF HOMOSEXUALS IN GOYERNMENT 17
It is further recommended by the subcommittee that the present
sbttuto prohibiting solicitation for immoral purposes (22 D. C. 2701)
8
be amended to mal{e it more effective in dealmg with homosexuals and
other sex preverts who solicit persons for humoral purposes. It has
been the experience of the prosecutors in the District of Columbia that
one of the big loopholes in the ('Xisting solicitation statutes rises from
the fact that under the present statute the person solicited must be
invited-
to nccompnny, go with, or follow blm or hl'r to bls or her residence, • • •
for the purpose of prostitution or any other immoral or lewd purpose, • • •
The fact is that in many instances persons are solicited for lewd or im-
moral purposes under circumstances where the proposed lewd act is
to be committed at the place of solicitation rather than at some other
place, as is necessary for prosecution under the present statute.
Another weakness in the present statute arises from the fact that the
solicitation for immoral purposes must occur in one of the places
specified in the statute. It has been the experience of the police and
prosecutors that solicitations do occur in places not specified in the
statute and for that reason cannot be prosecuted. The suggested
amendment which is set forth in section 3 of the proposed bill (see
appendix IV) will make it unlawful to solicit for immoral purposes
.in any place in the District of Columbia.
The subcommittee further recommends that tl1e present disorderly
conduct statute (22 D. C. 1107) be amended to increase the penalty
from a fine of $25 to a fine of $100 or 90 days' imprisonment or both.
The authorities in the District of Columbia feel that the ends of jus-
tice will be better served by this increase in the penalty of the existing
general disorderly conduct statute.
In considering'these proposed amendments to the Criminal Code of
the District of Columbia, the subcommittee conferred with representa·
tives of the municipal court for the District of Columbia, the Police
Department, the United States attorney, and the Corporation Counsel.
These officials who are charged with the enforcement, prosecution,
and judicial determination in sex eases are in complete accord with
the proposed changes in the law and agree with the subcommittee that
these amendments will materiaHy strengthen the sex laws of the Dis-
trict of Columbia and will make for more uniform and· just
tion of tl1e laws.
1
It sbnll not be lnwfnl for any penon to fnvtte, .;ntlee, perRund<', t>r to address for the
purpose of im·Hing, enticing, or pet'IIUII!Hn" nny (lcrson or IlCrl!OD!I 16 yenr11 of age or over,
In or upon nny avenue, stroet, rond, blghwa:v, open space, alley, public square, enclosure,
rmhllc building, or other-public plnce, «tore, shop, or reservation or at any JIUblie gathering
or assembly In the District of Co!tuubln, to accompany, go wltb, or follow him or l1er
to his or her rmdtlence, or to nuy other house or bnlltllng, enelosnre, or other place, for the
purpose of prostitution, or nny other fm.mornl or lewd pUt'JJolm, under 11. penalty of not more
than $100 or lmprlMnment for not more than 90 days, or both. And it shnll not be lawful
for any person to ln,·lte, entice, or Jlersuade, or address tor the purpose of inviting,
enticing, or persnndlng nny such person or persons from any dcor, window, porch, or portico
ot any hoU!!<! or building to enter nny bomse, or go with, accompqny, or follow him or her
to any place wlmtever, for the purpose of prostitution, or 11111 other Immoral or lewd
purJ)ose, umter the like pennltle11 herein provided for the !!Arne conduct In the 11treet, avenues.
roads, highways, or alleys, public   open spaces, PlldOimres, public bullc!lngl! or other
public places, stor<'s, shopR, or ri!':<Pr\·ntlonn or nt any public gatherings or n11sembllea. (All
nml!nded, June 0, 1948, 02 Stat. 346, eh. 428, p.102.)
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 21 of 29
18 EMPLOYMENT OF HOMOSEXUALS IN GOVERNMENT
ACTION BY LOCAL A U'l'IIORl'l'IES IN SEX l'ImYERSION CASES
Two separate police departments operate in the District of Colum-
bia, namely, the Metropo1itan Police Department, which has general
jurisdiction, nnd the National Park Police, who nre charged with
policing the national parks in the areu. 'l'hese natJonal parks
many of the smaller parks in the do,vntown urea of 'Vashmgton wh1ch
are ft·cqmmted by homosexuals and other sex perverts. A survey
covering the police records for the past 31;2, years up to August 1050
revealed thnt n. totul of 1,H!30 ]mown or suspected sex perverts wero
apprehended by the two police departments during that perio;l. 0:11y
10 percent, or 2Gl of thmm 1,330 cases were ever brought to the attentwn
of the pro::::ecutors or dinposed of in thQ coul'ts. Of the remaining
1,078 cases, collateral was forfeited at police stations in GUS instances,
35() persons were released outright., :14: cases were turned over to the
or other and the are. not a lable
m 20 cases. In a great maJol'lty of those 608 cases m wh1ch forre1tures
\Verc mnde to the po1ice, the arrested for engaging in penerted
sex activities were charged by tho police with disorderly conduct and
collateral of   or less was forfeited. Euch day the police rccoru of
these forfeitures was filed in routine manner with the clerk of the
Municipal Court for the District of Columbia. This practice, how-
ever, applied only in the District of Columbia branch of the :Municipal
Court in cases ";ithin the prosecutive jurisdiction of the Corpornton
CounseL Forfeitures in eases in the United States branch of the
Municipal Court tU'e permitted only at the discretion of the court.
, 'With rc>gard to the forfeiture of collaternl in this type of case, it
appears thnt over a period of yenrs the police have been tuki11g collat-
eral of $25 or less m disorderly conduct and oth(!r cases involving
minor criminal violations. unacr these circumstances the police in
their discretion were making all determinations with regard to each
case in which forfeitures were made. 'l'his procedure completely by-
passed the prosecutors and the courts and in e1fect meant that no repre-
sentnth·e of the Corporation Counsel or the United States attorney or
the 1\Innicipal Court for the District of Co1umhia macle any review
?f lhe facts or took part in any prosecutive or judicial determinations
m these cases. A suncy of the Jaws and procedures of several other
large cities rcvcnled that the Dh;trict of ColumlJia was the only jm·is·
diction wh<'rein forfeitures were al1owed in caseB of this nature involv-
ing H<'X violations without having the facts and the circumstances of
Paeh nrr<'st reviewed by the prosecutive or judicial authorities, or both.
It: was fonnd that ns a result of this practice were charged
w1th dlf:orderly conduct and \!ollnternl wus forfeited to the police,
although the facts ns they aptJeare<l on the arrest records indicated that
i,l some instances more sel'ious crimes snch as "solicitation for im-
moral purposes'' and sodomy or attempted sodomy had been com·
mit ted. Although this undesirable practice arose at least partly as the
result of the statutory de-fects in the District of Columbia Criminal
Code, there appears to be no logical reason or no real excuse for han·
<.lling sex cases in that slipshod manner.
As soon as this situation with to the forfeiture of collateral
in thP:-:e cases wns discoYPl'Nl by t w subcommittee, tlu: matter was
brought to the attention of lion. George P. Burse, chief judge of the
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 22 of 29
OF HOMOSEXUALS IN OOVERNMEN.T 10
municipal court for the District of Columbia. Shortly thereafter the
judges of that court met nnd on August 18, 10130, issued an order to
the prosecutors and Jaw enforcement officials of the District of Co1mn·
bia which provided that all persons charged with sex offenses within
tho District of Columbia should post a minimum collateral of $tWO
bond or $300 cash and that no forfeiture of collntornl should be made
at the police precincts in any cases involving sex offenses. That order,
which became effective on August 21, 1050, )tad the immediate effect of
correcting tho previous deficiencies in the handling of forfeitures in
sex cnses. If the proposed statutory changes are made in the District
of Columbia Criminal Code, it is   that the laws and prosecu-
tive and judicial procedures in sex cases in the District will be entirely
adequate.
The Superintendent of Police in the District of Columbia .has in·
formed the subcommittee that additional men have now been assigned
to the detective squad which handles homosexna l and similnr cases,
and further ndditions ·will be made to that squad in the near fntura
as soon as trained officers nre available. The subcommittee belie'\'es
that this added emphasis on the law enforcement aspect of the prob·
]em, together with the proposed changes in ('Xisting luws, will be most
helpful in controlling sex perversion in the District of Columbin.
CONCLUSION
There is no place in the United States Government for persons who
violate the laws or the accepted standards of morality, or who other-
wise bring disrepute to the Federal service by infamous or scandalous
personal conduct. Such persons are not suitable :for Government
positions and in the case of doubt the American people are entitled
to have errors of judgment on the part of their officials, if there must
be errors, resolved on the side of caution. It is the opinion of this
subcommittee that those who engage in nets of homosexuality and
other perverted ·sex activities are unsuitable :for employment m the
Federal Government. '!'his conclusion is based upon the fact that
persons who indulge in such degraded activity are committing not only
1 llegnl and immoral acts, but they also constitute security risks in po-
sitions of public trust.
The subcommittee found thnt in the past many Government officinls
failed to take a realistic view of the problem· of sex perversion in
Government with the result that a number of sex perverts were not
discovered or removed from Government jobs, nnd in still other in-
stancrs they '"ere quietly eased out of one department and promptly
found emp'loyment in another agency. This situation undoubtedly
stemmed :from the fact thnt there was n general dh;inc1ination on the
part of many Government officials to fnce squarely tho problem of sex
perversion among Federal employees nnd as a result they did not take
the proper steps to solve tho problem. The rules of the Civil Service
Commission nnd tho rep-ulations of tho agencies themselves prohibit
tho employment of pen·crts and these rules have been in effect for
many years. Had tho existing rules and regulations been enforced
mnny of the perverts who were forced out of Governnwnt in recent
months would have heen long since removed from the Federal service.
It is quite apparent that as a direct result of this offi·
cials throughout the Government have become much more alert to the
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 23 of 29
20 EMPl,OYMENT OF HOMOSEXUALS IN GOVERNMENT
problem of the employment of sex perverts in Government and in
recent months they have removed a substantial number of these un-
desirnbles from ptlblic positions. This is evidenced by the fact that
action has been taken in 382 sex perversion cases involving civilian
employees of Government in the past 7 months, whereas action \Vas
taken in only 192 similar cases in Uw previous 3-year period from
January 1,. 1947, to April 1, 1950. However, it appears to the sub-
committee that some Govermnent officials are not yet fully aware of
the inherent dangers invoh·ed in the employment of sex perverts. It
is the considered opinion of the subcommitt<',e that Government
cials have the responsibility of exercising a high degree of diligence
in the handling of the problem of sex l?erversion, and it is urged that
they follow the recommendations of tlus subcommittee in that regard.
\Vhile this subcommittee is convinced that it is in the public interest
to get sex perverts out of Government and keep them out, this pro-
gram should be curried out in a manner consistent with the traditional
American concepts of justice and fair play. In order to accomplish
this end every reasonable complaint of perverted sex activities on the
part of Government employees should be thoroughly investigated and
dismissals should be ordered only after a complete review of the
faets and in accordance with the present civil-service procedures.
These procedures provide that the employee be informed of the
chn.rges against him and be given a reasonable time to answer. Fur-
thermore, in view of the very serious consequence of dismissal from
the Government oi1 charges of sex perversion, it is believed that con-
sideration should be given to establishing a board of review or similar
appeal machinery whereby aU persons wbo are dismissed from the
Government on these charges may, if they so desire, have their cases re-
viewed by higher authority outside of the· employing agency. No
such appeal machinery exists at the present time.
Although 457 persons who were arrested by police authorities in
sex perversion cases in the District of Columbia during the past 4 years
indicated that they we.re employees of the Government at the time of
their arrest, information concerning the great majority of these ar.rests
did not come to the attention of the Civil Service Commission or the
other agencies of Government until April of t11is year. This deplor-
able situation resulted from the lack of proper liaison between the
law-enforcement agencies and the departments of   The
subcommittee is gratified to report that this situation has now been
corrected. Since April information concerning Government em-
ployees arrested on charges of sex p€·.rversion i 11 the District of Colum·
bia. and else\vhere has been promptly report<'d from the FBI to the
Civil Rervice Commission and the employing agencies of Government
in order that appropriate aetion mny be taken in each case.
'l'he subcomnnttee also found that the existing criminal Jaws in the
District of Columbia with regard to acts of sex perversion nrc in-
adequate and the Fmbeommittee has drawn up proposed nmenclments to
the District Criminal Code which should materially stJ·engt.hen these
laws. It '"as n1so discovered that most of the homoscx11als appre-
hended by the police in the District of Columbia were booked on
eharg(•S of disorderly conduct. In most cases they were never brought
to trjnl but allowed to make forfeitures of smaH cnsh collateral at
police stations. This slipshod method of disposing of these cases with
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 24 of 29
E:MP·LOYMENT OF HOMOSEXUALS IN     2]
little or no review by the prosecutive or judicial authorities was
rected after the subcommittee brought this situation to the attention
of the judges of the municipal court. in August 1950.
Since the initiation of this investigation considerable progress has
been made in removing homosexuals and similar undesimhle employees
from positions in the Government. However, it should be borne in
mind that the public interest cannot be adequately protected unless
responsible officials adopt and maintain a realistic and vigilant attitude
toward the problem of sex perverts in the Government. To pussyfoot
or to take half measures will allow some known perverts to remain
in Government and can result in the dismissal of innocent persons.
In view of the importance of preventing the employment of sex
perverts in Govenunent the subcommittee plans to reexamine the
situation from time to time to determine if its present recommenda-
tions arc being followed and to ascertain whether it may be necessary
to take other steps to protect the public interest.
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 25 of 29
APPENDIX I
[S. Res. 280, 81st Cong., 2d sess.]
RESOLU'I'ION
Re8olvcd, That the Committee on Expenditures In the Executive Departments,
or any duly authorized subcommittee thereof, Is authorized and directed to make
a thorough and comprehensive study and Investigation of (a) the alleged
employment by the departments and agencies of the Government of homosexuals
and other moral per\'erts, and ( b} the pt·eparedness and diligence of authorities of
the District of Golun1bln, ns well as the appropriate authorities of the Federal
Government, for the protection of life and property against the threat to security,
inherent in the employment of such perverts by such departments and ngeneies.
The committee shaH report to the Senate nt the earliest practicable date, but
not Inter than Jnnunry 31, 1951, the results of its s t u   ~ · and lnvestigntion and
such recommendations for legislation and other remedial action as it may deem
desirable.
For the purposes of this resolution, the committee or any duly authorized
subcommittee thereof is authorized to employ upon a temporary basis such
technical, clerical, an<l other assistants as it deems advisable. The expenses of
the committee under this resolution, which shall not exceed $10,000, shall be paid
from tbe contingent fund of the Sennte upon vouchers approved by the chairman
of the committee or subcommittee.
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 26 of 29
APPENDIX II
Be:c perversion cases, armed.   (military pt:wsonneZ)'
Number or sex pcrver·
slon cases handled
Method or separntlon

1an.1, 1947, Apr. 1, 11)1)0,
Total
Other than
General
through through
court
general
Mar. 31, Oct. 31,
martial
court
11100 11100 martial

1, lOi 301 1,405
• 272 11,133
1,605 300 2,004 174 1,800
Alr oroo •••••••••••••••••••••••••••••••••• 1470 435 911 24 887
Totru •••••••••••••••••••••••••••••••• 3,245 1,135 4,380 470 3,910
I Statistics on clvlllnn personnel or the nrmcd services nrc not Included In this study. Due to the system of
malntnln!ng civilian personnel 111csln tho armed services, prohibitive costs would be Incurred in obtnlnlng ·
datn conoomlng tho number of clvlllnn dlsmisr.cd ror sex perversion. Procedures are now being
worked out whereby such information will be nvnilnblc In future cases. H<nvevcr, an Incomplete examlna·
Uon or tho civilian employee files Indicates tim\ at lcMt 42 civilians are known to have been separated from
the armed services on chnrges of sex perversion r.t various times s!noo Januaryl, 1950.
• Includes a few separations resulting from rape charges.
*Air Force llgurl)ll included with Army until separation of records of these two services In Januar:IJ' 1948.
24
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 27 of 29
APPENDIX III
Se:c f)erversion statist-ics, eiviliali agencies of Government
Cnscs of sex IJ<lrvcrslon
Department or ogency Jnn. 1, Apr.l,
Totnl
Jnn. 1,
Dis· Pend- 1947 to 1950, to
1047 to
Rc·
Apr. I, Nov. I,
1,
signed missed ing
1950 1050
11150
------------------
Agriculture ...•.. ---- ............... - ... ----- 10 22 32 24 7 1
American Battle Monument Commission .••• 0 0 0 0 0 0
Atomic Encrgb Commission ................. li 3 8 4 1 3
Bureau or the udgct. ...•••••••••••••••••••• 0 2 2 2 0 0
Civil Aeronautics Donrd ..................... 0 2 2 l 1 0 0
Commerce ................................... 0 49 49 25 IG 4
Displaced Persons Commission •••••••••••••• 1 1 2 2 0 0
District of Columbia .• ---_ .. _ ................ 1 0 7 2 6 0
Economic CooiJ<lrntlon Admlnls!rntlon ....... 27 0 21 0 111 2
Exg;::rt·Import Bank ........................ 0 0 0 0 0 0
Fe crol Communications Commission .•••••• 0 3 3 1 0 2
Fedcml Deposit Insurance Corporation ...... 0 0 0 0 0 0
Fedcml Mediation And Conciliation Service .• 0 0 0 0 0 0
I<'cderal Power Commission .................. 0 2 2 2 0 0
l<'edernl Reserve System •••••••••••••••••••••• 0 0 0 0 0 0
Federnl sccurltc Agency .•••••••••••••••••••• 0 22 22 u 2 4
Fcdeml 'l'rode om mission .................. 1 0 1 0 1 0
General Office ••••••••••••••••••• a 10 13 8

1
General Services Administration ••••••••••••• 0 111 Ill 8 0 9
Government Oftlce .................. 0 2 2 2 0 0
And Home Flmmrc Ag€!nry .•••••••• 0 10 10 7 1 0
Indian Claims Commission .•..•••••••••••••• 0 0 0
() 0 0
l.nterior ..................................... _ 7 24 31 4 12 !i
Interstate Commerce Commission ............ 0 2 2 2 0
Justke ....................................... 1 6 7 li 0 1
Lahor ........................................ 2 4 6 2 3 1
Legislative Branch:
0 0
Botanical Onrdcns .•••••••••••••••••••••• 0 0 0
()
Congro..<slonal employees ................. 0 4

1 1 2
Library of ...................... 0 lli 16 9 1 li
National Ad\·!sory CCI!llmit!ce for Aero·
0 0
nnutlcs ............... --- .................. 0 0 0 0
National C'agltol Housing Authority ......... 0 0 0 0 0 0
National La or Heiatlons Board ..••••••••••. l 1 2 1 1 0
National Mediation Board .••..•.•••••••••••. 0 0 0 0 0 0
National Rccurity Council. ...... _ .•••••••••• 0 0 0 0 0 0
National Hesourccs Uonrd •••••••••• 1 0 1 1 0 0
Office ol Holl$lng Expcditor..... .. ••••••••• 0 l 1 0 1 0
Panama CnnnL .............................. 0 0 0 0 0 0
Philllpine War Damage Commission ..••••••• 0 0 0 0 0 0
Post Ollicc ................................... 2 6
18 3 2 3
Hall road HPiln•mcnt Board .................. 2 l 3 2 1 0
Ucconstruct ion r'ilmnct• Corporation .•••••••. 0 3 3 0 2 0
gxt•lmnJ:c Commb;lon ............. 0 1 1 1 0 0
Bill<'clin i'Prvlcc System ..................... 0 0 0 0 0 0
Smlthc·mlhm Institute ........................ 0 2 2 l 0 l
Stute l><·parummt. ........................... 106 37 143 15 lOG 12
Tennessee \'ull<'Y Authority .................. 1 0- I 0 I 0
'l'n:a.sury .. _ ... _ .... _ ......................... :! 20 Zl lJ6 4 3
U.S. Civil 8('n·ic<' .............. 8 10 18 12 6 0
U.S. :.rotor Cnnlers Couuuis<lon .••••••••••• 0 0 0 0 0
(J
U.S. 'l'nrilf ..................... 0 0 0 0 0 0
Veterans' A<lminf>lrn!ion •••••••••••••••••••• 4 !J7 101 '3\l !J 10
\\'nr Claims Commi>."icm ..................... 0 1 l 0 1
()
White House O!liec.......................... 0 0 0
0 0 0
------:---
'2i3j
207"1 Total .................... ····! l!J21 3821 574
llll
1 A llowrd to retire.
, Con-rs only t'l!l(lloycc:; in Uw   at Washington, D. 0.; other tlgurcs not avnllable.
• 2 &llowcd to retire.
25
Cleared
---
0
0
0
0
1
4
0
0
6
0
0
0
0
0
0
j)
0
0
2
0
2
()
10
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
0
10
0
0
0
0
(I
f3
0
0
----
8li
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 28 of 29
APPENDIX IV
A BILL To nmend the lawe relating to obscf'ne or ln<lecent exposure acts comm.!tted in
the District of Columbl11
Be it enacted by the Senate and Rouse of Representatives of the United States
ot America in Oonuress assembled, 'l'hnt section 9 of the Act of July 29, 1892,
entitled "An Act for the preservaUon of the public peace nnd the protection of
property within the District of Columbia'', as amended (D. C. Code, 1940 edition,
sec. 22-1112), is hereby amended to read as follows:
"SEc. 9. It shall not be lawful for any person or persons to make any obscene
or indecent exposure of his or her person or to commit any other lewd, obscene
or indecent net in the District of Columbia, under penalty of not more than $500
ftne, or imprisonment of not more than six months, or both, for each and every
such offense."
SEc. 2. Section 6 of .such Act of July 29, 18!l2, is amended by striking out
.. under a penalty of not more than twenty-five dollars for each and every such
otTense." un<l inserting in lieu thereof: "under n penalty of not more than $100
fine or imp1·1sonment of ninety days, or both, for each and e':'ery offense ; and
Provided, That all prosecutions under this statute shall be conducted in the
name of and for th!' benefit of tho District of Columbia by the Corporation Coun-
sel of the District of Colmnbin, or his assistants."
SEc. 3. The first section of the Act of August 15, 1035, entitled "An Act for
the suppression of prostitution in the District of Columbia", as amended (D. 0.
Code, 1040 edition, sec. 22-2701), is amended to rend us follows :
"That It shall not be lawful for any person to invite, entice, persuade, or to
address for the purpose of iuvltlng, enticing, or persuading, any IJerson or per-
sons sixteen years of nge or over in the District of Columbia, for the purpose of
prostitution, or an:'; other immoral or lewd purpose, under a penalty of not more
than $100 or imprisonment for not more than ninety days, or both."
26
0
Case 5:13-cv-00982-OLG Document 25-3 Filed 11/22/13 Page 29 of 29







EXHIBIT 34
Case 5:13-cv-00982-OLG Document 25-4 Filed 11/22/13 Page 1 of 6
cr.
....,
c .::0
>" ;t>
2
-::;:;::
 
;t>
s::
r-r1
2:
-<
,
c
0:
CD
'""'
.
j
-
Case 5:13-cv-00982-OLG Document 25-4 Filed 11/22/13 Page 2 of 6
.
'
..
UNITED STATES CIVIL SERVICE COMMISSION
WASHINGTON, D.C. 20415
The Mattachine Society
of Washington
P.O. Box 1032
Washington, D. C. 20013
L
Gentlemen:
February 2S, 1966
IN REPLY PLEASE REF£R TO
YOUR REF£RENCE
Pursuant to your request of August 15, 196S, Commission representa-
tives met with representatives of the Society on September 8, 1965,
to enable the Society to present its views .regarding the Government
policy on the suitability for Federal employment, of persons who are
shown to have engaged in homosexual acts.
The Society was extended 30 days to submit a written memorandum in
support of the positions set forth at these discussions to ensure
that full consideration could be given to its contentions and
supporting data by the Commissioners. On December 13, 196S, the
Society filed five docurr2nts,* which, along with the substance of
the September discussions, have been considered by the Commissioners.
The core of the Society's position and its recommendations is that
private, consensual, out-of-1·1orking hours homosexual conduct on the
part of adults, cease to be a bar to Federal employment. In the alter-
native it is asked that the Commission activate continuing discussions /
with representatives of the Society to take a "progressive, idealistic,
humane, forward-looking, courageous role" to elicit the holding of
objective hearings leading to the adoption of the Society's recommen-
dation.
~   *  
1
DISCRIMINATION AGAINST THE EMPLOYMENT OF HOMOSEXUALS", dated
February 28, 1963, by the Society,
11
RESOLUTIOO OF NATIONAL CAPITOL
AREA. CIVIL LIBERTIES UNION 00 FEDERAL EMPLOYMENT OF HOMOSEXUALS",
dated August 7, 1964, "A BRIEF OF INJUSTICES" by the Council on
Religion and the Homosexual, Inc., San Francisco, California,
Ju."le 1965, "WHY ARE HOMOSEXUALS PICKETING THE U. S • CIVIL SERVICE
CW111ISSION
11
, June 26, 1965, by the Society, and
11
FEDERAL EMPLOYMENT
OF HOMOSEXUAL AMERICAN CITIZENS
11
, November 15, 1965, by the Society.
THE MERIT SYSTEM-A GOOD INVESTMENT IN GOOD GOVERNMENT
Case 5:13-cv-00982-OLG Document 25-4 Filed 11/22/13 Page 3 of 6
The Commission's policy for determining suitability is stated as
follows:
"Persons about whom there is evidence that they have
engaged in or solicited others to engage in homosexual
or sexually perverted acts with them, without evidence
of rehabilitation, are not suitable for Federal employ-
ment. In acting on such cases the Commission will con-
sider arrest records, court   or records of co -
viction for some form of homosexual conduct or sexual
perversion; or medical evidence, admissions, or other
credible information that the individual has engaged in
or solicited others to engage in such acts with him.
Evidence showing that a person has homosexual tendencies,
standing alone, is insufficient to s pport a rating of
unsuitability on the ground of immoral conduct.
11
2
We have carefully weighed the contentions and of the
Society, and perceive a fundamental misconception by the Society of
our policy stemming from a basic cleavage in the perspective by which
this subject is viewed. We do. not subscribe to the view, vJ"hich indeed
is the rock upon which the Mattachine Society is founded, that •thomo-
sexual" is a proper metonym for an individual. Rnt.her we consider the
term
11
homosexual" to be properly used as a..?J. adjective to describe the
nature of overt sexual relations or conduct. Consistent with this
usage pertinent considerations encompass the types of deviate sexual
behavior engaged in, whether isolated, intermittent, or continuing
acts, the age of the particular participants, the extent of promis-
cuity, the aggressive or passive character of the individual's partic-
ipation, the recency of the incidents, the presence of physical,
mental, emotional, or nervous causes, the influence of drugs, alcohol
or other contributing factors, the public or private character of the
acts, the incidence of arrests, convictions, or of public offense,
nuisance or breach of the peace related to the acts, the notoriety,
if any, of the participants, the extent or effect of rehabilitative
efforts, if any, and the admitted acceptance of, or preference for
homosexual relations. Suitability determinations also comprehend the
impact of the applicant upon the job. Pertinent considerations
here are the revulsion of other employees by homosexual conduct and
the consequent disruption of service efficiency, the apprehension
caused other employees of homosexual advances, solicitations or
assaults, the unavoidable subjection of the sexual deviate to erotic
stimulation through on-the-job use of common toilet, shower,  
living facilities, the offense to members of the public who are re-
quired to deal with a known or admitted sexual deviate to transact
Government business, the hazard that the prestige and authority of a
Government position will be used to foster homosexual activity, par-
ticularly among the youth, and the use of Government funds and author-
ity in furtherance of conduct offensive both to the mores and the la
of our society.
Case 5:13-cv-00982-OLG Document 25-4 Filed 11/22/13 Page 4 of 6
3
In the light of these pervading requirell'.ents it is upon overt conduct
that the Commission's policy operates, not upon spurious classification
of individuals. The Society apparently represents an effort by certain
individuals to classify themselves as
11
homosexuals
11
and thence on the
basis of asserted discrimination to seek, with the help of   either
complete social acceptance of aberrant sexual conduct or absolve-
ment of any consequences for homosexual acts which come to the attention
of the public authority. Homosexual conduct, including that betl-Teen con-
senting adults in private, is a in every jurisdiction, except under
specified conditions, in Illinois. Such conduct is also considered im-
moral under the prevailing mores of our society.
We are not unaware of the numerous studies, reports and recommendations
pertaining to the cri..minal aspects of aberrant sexual conduct and the
unequal and anomalous impact of the criminal la s and their enforcement
_ ...
upon individuals, who for whatever cause, engage in homosexual conduct.h
It is significant to note, however, that the renowned Wolfenden Report,
which recommended that consensual homosexual conduct, in private between
persons over 21 years of age, be excluded as an offense under the criminal
law of England, nevertheless recognized that such conduct may be a valid
ground for exclusion from certain forms of employment. id p. 22. Whether
the criminal laws represent an appropriate societal response to such con-
duct is a matter properly addressed to the state legislatures and the
Congress. It is beyond the province of this Commission.
We reject categorically the assertion that the Commission pries into the
private sex life of those seeking Federal employment, or that it discrim-
inates in ferreting out homosexual conduct. The standard against criminal,
infamous, dishonest, immoral, or notoriously disgraceful conduct is uni-
formly applied and suitability investigations underlying its observance
are objectively pursued. We know of no means, consistent with American
notions of privacy and fairness, and limitations on governmental authority,
which ascertain the nature of individual private sexual behavior
between consenting adults. As long as it truly private, that is,
it remains undisclosed to all but the participants, it is not the subject
of an inquiry. Hhere, however, due to arrest records, or public disclosure
or notoriety, an applicant r s sexual behavior, be it heterosexual or homo-
sexual, becomes a matter o public knowledge, an inquiry may be warranted.
Criminal or licentious heterosexual conduct may equally be disqualifying,
and like homosexual conduct, may become the subject of legitilr.ate concern
in a suitability investigation. In all instances the individual is apprised
of the matter being investigated and afforded an opportunity to rebut,
explain, supplement or verify the information.
-:..e.g. SEX OH'.l!:ND&iS, Gebhard, Gagnon, Pomeroy, Institute of Sex Research
(196.5); SEXUAL BEHAVIOR AND THE LA\'l, Samuel G. Kling, Random House (196.5);
HOMOOEXUALITY AND CITIZENSHIP IN FLORIDA, Legislative Investigation Commit-
tee Report ( 1964.) ; THE AMERICAN LA\-1 INSTITUTE, HODEL PENAL CODE, Proposed
Official Draft ( 1962) ; PRIVATE CCNSENSUAL HCJl10SEXUAL BEHAVIOR: THE CRnlE
AND ITS ENFORCEMENT, Yale Law Journal, 623 (March 1961); REPORT OF THE C 1-
MITTEE CN HCl·100EXUAL OFFENSES AND PROSTITUTION BY THE SECRETARY OF STATE FOR
THE HCME DEPARTHENT AND THE SECRETARY OF SCOTLAND (\'lOLFENDEN REPORT) (1957);
A PSYCHIATRIC EVALUATICN OF OF 29 Tein:ple Law Quarterly,
273 (Spring 19.56) and SEXUAL DEVIATICN RESEARCH, valif. Legislature,
Judiciary Committee, Subcommittee on Sex Research (1952).
Case 5:13-cv-00982-OLG Document 25-4 Filed 11/22/13 Page 5 of 6
"' ' .. ..
. .
4
To be sure if' an individual applicant were to publicq proclaim that
he engages in homosexual conduct, that he prefers such relationships,
that he is not sick, or emotionally disturbed, and that he simply has
dif'ferent sexual preferences, as some members of the Mattachine Society
openly avow, the Commission would be required to find such an individual.
unsuitable for Federal employment. The same would be true of an avowed
adulterer, or one who engages in incest, illegal fornication, prostitu-
tion, or other sexual acts which are criminal and offensive to our mores
and our general sense of propriety. The self-revelation by armouncellW3nt
of such private sexual behavior and preferences is itself public conduct
which the Commission must consider in assaying an individual's sui tabil-
ity for Federal employment.
Hence it is apparent that the Commission's policy must be judged by its
impact in the individual case in the light of all the circumstances,
including the indi vidual• s overt conduct. Before any determination is
reached the matter is carefully reviewed by a panel of three high level,
mature, experienced employees, and all factors thoroughly considered.
The fairness of this result, in the light of the investigative evidence
including the applicant's statements, is subject to administrative re-
view and may also be judicially reviewed. Hence there are safeguards
against error and injustice.
We can neither, consistent with our obligations under the law, absolve
individuals of the consequences of their conduct, nor do we propose by
attribution of sexual preferences based on such conduct, to create an
insidious classif'ication of individuals. We see no third sex, no ·
oppressed minority or secret society, but only individuals; and we
judge suitability for Federal employment in the light of their
overt conduct. We must attribute to overt acts whether homosexual or
heterosexual, the character ascribed by the laws and mores of our
society. Our authority and our duty permit no other course.
B.y direction of the Commission:
Sincerely yours,
 
Chairman lacy' {j• U

Case 5:13-cv-00982-OLG Document 25-4 Filed 11/22/13 Page 6 of 6







EXHIBIT 35
Case 5:13-cv-00982-OLG Document 25-5 Filed 11/22/13 Page 1 of 2
Executive Order 13087
Further Amendment to Executive Order 11478, Equal Employment Opportunity in the Federal Government
May 28, 1998
*30097 By the authority vested in me as President by the Constitution and the laws of the United States, and in
order to provide for a uniform policy for the Federal Government to prohibit discrimination based on sexual ori-
entation, it is hereby ordered that Executive Order 11478, as amended, is further amended as follows:
Section 1. The first sentence of section 1 is amended by substituting “age, or sexual orientation” for “or age”.
Sec. 2. The second sentence of section 1 is amended by striking the period and adding at the end of the sentence
“, to the extent permitted by law.”.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 28, 1998.
Exec. Order No. 13087, 63 FR 30097, 1998 WL 279809 (Pres.Exec.Order)
END OF DOCUMENT
Exec. Order No. 13087, 63 FR 30097, 1998 WL 279809 (Pres.Exec.Order) Page 1
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
Case 5:13-cv-00982-OLG Document 25-5 Filed 11/22/13 Page 2 of 2







EXHIBIT 36
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 1 of 26
874 SIXTY FOUR'FH CONGRESS. S:r. Cus. 27-29. HH7.
of tho principal political J>arty in tho district in which the court is
held opposing tlio.t to wliich tho clerk or n. duly qualified deputy
clerk tlum noting, may belong, the clerk, or a duly qualified deputy
clerk, u.nd said commissioner each to lnce one name in said box
alte.ma:tely, without reference to part:y affiliations until the whole
number required sholl be placed there ."
Approved, February 3, 1917.
3, um.
[G.
1
• Res.
202
·1 CRAP. 28.-Joint Rosolution To ena.blo the S .retary ofthe Senate and t-he Clerk of
[Pub. nes., No.   the Bouse of Representativeo to pay the neceasa expenses of the inaugt!lal ceremo-
nies of the of the United States on Marc 1 fifth, nineteen hundred and seven-
teen.
Inauguml cemnou. Resolved by the Senate and House of Represrntatives of the United
tes. • States of America in Of!!lU'I:esS assembled, That to enable the Secretary
of the Senate and the Clerk of the Hous of Representatives to pay the
necessary expenses of the c remorues of the President of
the United States, March :fifth, ninete n hundred and seventeen,.in
accordance with such as may be adopted by the joint com-
mittee of the Senate and House of Rep esentatives, appointed under
Po.st, P· 1606. a. concurrent resolution of the two Hou es, including tlie pay for extra
police for three days, at sa per day, the e is hereby appropriated, out
of any money in the Treas:uxy not ot erwise appropriated, 535,000,
or so much thereof as may be necess , the same to be immediately
available; paYII!ent to be made upo approved by the
chairman of said joint committee.
Approved, February 3, 19i7.
Febr1UifY 5, 1!117.
[ILR.l0384.] CHAF. 29.-An Act To regulate tbe 1m lgrntton of nllens to, nnd tbe resl-
(PubUc, No.ao1.] dence of aliens ln, the United States.
Be it enacted by the Senate and H use of Representatives of the
lmmlgraUon Act. United States of America in Oongr. ss assembled, 'l'hnt the word
"Aliens" defined. "alien" wherever used in this Act s all include any person not a
native-born or naturalized citizen o the United States; but this
definition shall not be held to includ Indians of the United States
"UnltedStaEeS"
011
not taxed or citizens of the islands under the jurisdiction of the
strued. c - United States. That the term "Uni ed States" as used in the title
as well as in the various sections of t · s Act shall be construed to mean
the United States, and any waters, t rritory
1
or other place subiect
to the jurisdiction thereof, except th Isthmian Canal Zone; but if
any alien shall leave the Canal Zone r any insular possession of the
United States and attempt to enter a y other place under the juris·
diction o£ the United States, nothin contained in this Act shall be.
P lncl ded construed as permitting him to enter nder any other conditions than-
u
83
those applicable to all aliens. That the term 't seaman" as used in
this Act shall include every person s gned on the ship's articles and
employed in any capacity on oonrd a y vessel arriving in the United
E f t lu. the States from any foreign port or plac .
That this Act shall be enforced in e Philippine Islands by officers
of the general government thereof, nless and Wltil it is superseded
by an act passed by the Philippine .egislature and approved by the
President of the Unite'd States to re late immigration in the Philip-
Ante, P· MS. pine Islands as authorized in the .A.c entitled "An Act to declare the
purpose of the people oUhe· United States ns to the future political
status of the people of the Philippin Islands, and to provide a more
autonomous government for those isl nds," approved August twenty-
ninth, nineteen hundred and sixteen.
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 2 of 26
SIX'l'Y-FOURTH CONGRESS. SEsa. II. C.11. 29. 11H7. 875
SEo. 2. Thnt therr sho.ll be collectedJ nnd pnid . tnx of $8   on
for evet-y alien, including alien seamen :regiuo.rly admit cd ns pro-

Yided in this Act, entet·ing the United Stntes: Provided That chil-
8
'
dren under sixteen yeo.rs of nge who accompo.n:y.their f'-t er or their UIIder
111

mother shall not be subject to said tax. Tbe sa.1d tax shal be paid to l'DYDient.
the collector of customs of the port or cuatoml3 district to which said
c.lien shull come, or, if there be no collector such port or district,
then to the collector nearest by the master, aget;1 , owner, or Dycanier.
consignee of the vesseli transportnt10n line, or other co veyance or
vehicle bringing such a ien to the United States, or by th alien him- »:vaUeo.
self if he does not come by a. vessel, transportation lliie, o · other con-
veyance or vehicle or when collection from the master, a ent, owner,
or consignee of the vessel, transportation or ·other "onveyance,
or. vehicle bringing such alien to the United is · practicable. Lien on vesseL
The tnx: imposed by this section shall be a lien upon t 1e vessel or
other vehicle of carriage or transportation br.i:Dging. su ,h aliens to
the United States, and Shall be a debt in.favor of tlie.U 'ted States
ngainst the owner or owners of such :vessel or other ve · cle, and the
payment of such tax may be enforced by any legal. or eq itable rem- E:z:emptton.i.
edy. That the said tax shall not be levied on account.o · aliens who
en.ter the United States after a.n uninterrupted residen • of at least
one year immediately preceding such in the ominion of
Canada, Newfoundland, the Republic of Cuba,. or the Republic of
Mexico, for a temporary stay; nor on account of otherwi e admissible
residents or citizens of any possession of the 'United S ates, nor on
account of aliens in transit through the United Sta s, nor upon
aliens who have been lawfully adrilitte'Ci to the Unite States and
who later shall go in transit from one of the.Uni ed States to
another through foreign contiguous territory, and the ommissioner eandluons,etc.
General of Immigration with the approval of the Secre · ry of Labor
shall issue rules and and prescribe the con itions neces-
sary to prevent abuse of these exceptions: T at the Com-
missioner General of Immigration, under the directio or with the tries.
approval of the Secretary of Labor, by ageement wit transporta-
tion lines, as provided in section twenty-three, of this ct, may ar- PM, P· m.
range in some other manner for the payment of the ta imposed by
this section upon any or all aliens seeking admission. om
contigu<?us Provid_ec! f1f'rt.herf That said tax, levied m . the PhWp..
upon aliens entermg the Phihppme Is ands
1
shall be atd mto the ·
treasury of said isfands, to be expended tor the efit of such
isl!J,nds: Provided further, That in the cases of aliens applying for RefUild on reJection.
admission from foreign contiWJous territory and. rejec ed, the head
tax collected shall upon apphcation, upon a blank w · ch shall be·
furnished and explained to liim; be refuitded to 'the alie .
SEc. 3. That the following classes of, aliens shall be e eluded from Classes excluded en·
admission into the United States: All idiots, imbeciles, eeble-minded tfJ&ots, lnsane, ete.
persons, epileptics, insane persons; persons who have ha or more ·
attacks of insanity at any time previously; persons of onstitutional
psychopathic inferiority; persons with chronic alcoho · sm ; paupers; de-
professional beggars; vagrants ; persons afllicted wit tuberculosis '
in any form or with a loathsome. or dangerous . conta · ous disease·
persons not comprehended within any of. the foreg ing excluded
classes who are .found to be and are certified by thee mmining sur-
geon as being mentally or physically defective, such hysical defect
being of a nature which may affect the ability of sue alien to earn
a living; persons who have been convicted of· or admi having com-

mitted n felony or other crime or .misdemeanor in olving. moral • , .
turpitude; polygamists, or persons who p:r:actice :polyg my or believe
.in or ndvocute the practice of polygamy; anarchists, or persons· who
believe in or advocate the overthrow ·by force or. olence of the
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 3 of 26
876 CONGRESS. SEB. II. Ca. 20. 1917.
Government of the United States, or of 11 forms of law or who
disbelieve in or at·o opposed to o!'gnni:zed overnment, or who advo-
cate the assassination of public officials, or \'ho advocate or teach the
unlo:n•ful destruction of pl·o.perty; person who are members of or
affiliated with uny orgamzat10n entertaini 1g and teaching disbelief
in or oppositioh to organized government, or who advocate or tench
the duty, necessity, or propriety of the unl wful assaulting or killing
of any officer or officers, either of specific individuals or of officers
generally of the Government of the United States or of any other
organized government, beeause of his or their official character, or
  procur- wlio advocate or teach the unlawful des ction of property; prosti-
tutes, or persons coming into the United States for the purpose of
prostitution or for any other immoral pur ose; persons who directly
or indirectly procure or attempt to procu ·e or import prostitutes or-
persons fer the purpose of prostitution r for any other immoral
purpose; persons. who n.re s_upported by or in whole or in part
Contract labm!r!l. the proceeds of prosbtutJon; eremafter called contract
laborers, who have been inducea, assiste , encouraged, or solicited
to migrate to this country by offers or promises of employment,.
whether such offers or I;Jromises are true or false, or in consequence
of agreements, oral, wntten or printed, xpress or implied, to per-
form labor in this country of any kind, s 'lied or unskilled; persons
who have come in consequence of adve · ments for laborers printed,
published, or distributed in a foreign ountry; persons likely to
aliens r&- become a public charge; persons who ha been deported under any
of the provisions of this Act, and who may again seek admission
within one year from the date of such epo .. ·tation, unless J>rior to
their reem.barkation at a foreign port or heir attempt to be a<lmitted
d from foreign contiguous territory the S cretary of Labor shall have
  consented to their reapplying for adm · sion; persons whose tickets
or passage is paid for with tb.e money of another, or who are assisted
by others to come, unless it is affirmativ ly and satisfactorily shown
that such persons do not belong to on of the foregoing excluded
classes; persons whose ticket or passage is paid for' by any corpora-
tion, association, society, :Jll,unicipality, o foreign Government, either
directly or indirectly; stowaways, exeep that any such stowawa:r_, if
otherwise admissible, mny be adrilitted: the discretion of the :::;ec-
retary of Labor; all children under si teen years of age, unaccom-
. panied by or not coming to one or both of their parents, except that
any such children may, in the discretio of the Secretary of Lnbor,
be admitted if in his opinion they are ot likely to become a public
and are otherwise eligible.; unl otherwise provided for by
c,e ' existing treaties, persons wlio are nafves of islands not possessed
by the United States adjacent to the C ntinent of Asia, situate south
of the twentieth parallel latitude no h west of the one hundred
and sixtieth .meridian of longitude ens hom Greenwich
1
and north
of the tenth parallel of latitude sout , or who are natlves of nnv
country, province, or dependency situ te on the Continent of Asia
west of the one hundred and tenth me idian of longj.tude east from
Greenwich and east of the fiftieth me ·idian of longitude east from
Greenwich and south of the .fiftieth pa Uel of latitude north, except
that portion of said territory sjtuate between the fiftieth and the
N -mstLa exclasf sixty-fourth meridians of longitude ast from Greenwich and the
' aa twenty-fourth and thirty-eighth par els of latitude north, and no
P alien now in any way excluded from or prevented from entering.
  the !Tnited States shn11 be admitted to the United Stat-i!S. The
vision next foregoing, however, shall not apply to persons of the
following status or occupations: Go ernment officers, ministers or
religious teachers, missionaries, lawy   physicians, chemists, civil
engineers, teachers, students, authors, rtists, merchants, and travelers
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 4 of 26
SIXTY-FOURTH CONGRESS. SE8s.II:· Ou. 29. 1917. .877
for curiosity or pleasure, nor to their legal wives or their children
under sixteen years of age who shall ·them or who sub-
sequently mo.y. apply for. admission. the St.at,es
1
but !'luch to be maiD·
persons or tlie1r letpl w1Yes or foreJgn·born chlldren. wno fnll t()
maintain in the U.n1ted Stntes a status or occupation placing them
within the excepted classes shaJl be deemed to be in States· ·
eontrury to law, and f.lho.ll be. subject tp deportation as provided in Porl,p.8811.·,
section nineteen of this Act. . . . . .
That after three months from the passage of t\rls Act, in
to.the aliens who are by law now excluqed from o.dmjsgion into the moutla.
United the following .persons shnll also. be excluded,,.:from
admission thereto, to wit: . . . :. . . . · .. ·
· All aliens over· sixteen years of age, of ·rending, Itut.emtes..
'who can not read the English language; .or sqme other language: or Prrm-.
dinlectt including Hebrew .-or. YiddiSh:· Providefl;· That o.n;y, ac:J: or
·missible alien, or any alien· heretofore legally. . .
or any citizen of the United St\i.te5; may tbring in .or send for. his
father 'or· grandfather over fifty-five· :years .. of age,. his i'\Vi.fe, ..
·mother, his or his unmarried or ·Widowed .. daughter, if.-
otherwise· admissible, whether such Ca.n or :not; . and ReadiDB: tert.
·such relative sJ:tall be pennitted to enter .. ·That. for· tl(e purpose of
ascertaining whether aliens .can 'read the :inspectors shall
-be furnished with slips of preparedlunde:r· the· direction
oi. the Secretary of Labor,. each containing not ·:less' than :qor
more tlian forty: I words in ordinary: use,· printed in . p•lai..nly
type in· some one of the various or dihlects of
Each alien may designate the or•dialect in which
he desires the examination to·be made, and Shaij.He required to rea.a
the words on the slip in:such.language·ortdialect. Thnt the
Classes ·of·pi!}"SOnS exempt from ,thu opetati?n of
·the illiteracy test,- to :mt: All aliens:who
1
shnll ·prove to the satisfac-
tion of the proper   officer.or to the Seeretary of Labor ·
that they are seeking a "ssion. to ,the ·UIV.ted, States to avoid re-
ligipus persecution in the COUntry o-f their Jast·.permaneht
whether such persecution evidenced by overt acts ·or by lalVs or
governmental regulations that discriminate against the . alien or th., Ref,tlm!Dg aUm
race to which he belongs of bis.reJ!gious.f'aith; nll aliens who •
'have been admitted to the Umted,: States and who have
resided therein continuously for five years, and whCJ· return to the
United· States within six months from the date of their departure.
therefrom; all aliens in transit through!the. St.ntes; all.aliens ·
who have been ]awfully· adiDitted to· the United States and who later
shall go in ·fr?m one_ of ·the States tO ·   PoUUCll mr
1111
rJezt.
through formgn terr1tor;r: · Pr.bVitUJtl; That .nothlDg. lP
this Act shall exclnde
1
if otherwise nC:Imissible,·persons convicted; or
who admit the coirmnssion, or' who teach ·or aavocate the commis- Assisted aliens ln
sion, of an o1fense purely political: Provided further, That the pro- tnulslt.
visions of. tliis Act, relatinJ to the payments for tickets or: passage
by any corporation, assoCiation, society, municipality, or foreifPi
Government shall not apply to the tickets or of aliens m
immediate and continuous transit through the Umted States to SldUed Jabor tm-
foreign territory: ProvitledJurther, Thmtt skilled labor, portatloaspermttted;
if otherwise admissible, may be importe if labor of like kind unem·
ployed can not be found m this country
2
and the question of the
necessity of importing such skilled Jabor 1n any puticular instance
may be determmed by the Secretary of Labor upon the application·
of any person interested, such ap_Plication to be made before such
importation, and such determination by the Secretruy of Labor to ot
be reached after a full bearing· and an into the fncts 1"rofflsss
8114
ao.
of the case: Pro-tJid,ed further, That the provim.ons of this law ap-
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 5 of 26
878 .SIX'rY-FOURTH CONGRESS. S :ss. n. Cu.29. 1917.
plicnble to contract labor shall not be h ld to e:xclnde professional
nctors, artists, lecturers, singersii nunes, ministers of any religious
denomination, professors for co eges or eminaries, persons belong-
ing to any recognized learned p1·ofession, or persons eml!Joyed o.s
toobor: domestic servants: Pro'Vided further, Th t whenever tho President
or caD· shall be satisfied that passports issued b any foreign Government
oas,u · to its citizens or subjects to go to ll.OY cou try other than the United
States, or to any insular possession of t 1e United States or to the
Canal Zone, are beinJ usea for the pur ose of enabliJ!g the holder
to come to the contmental territoey o the United States to the
detriment of labor conditions therein, t e President shall refuse to
permit such citizens or subjects of the co try issuing such passports
to enter the continental territory of th United States from such
other country or from such insular po . on or from the Canal
  Zone: Proviiled fun her, That. aliens r turning after a temporary
· absence to an unrelinquished United S tes domicile of seven con-
• years may be admitted in the • scretion of the Secretary of
Labor, and under such conditions as e mn.y prescribe: Prouidetl
further, ·That nothing in the contrac labor or reading-test pro-
adulitted.. visions of this Act shall be construed prevent, hinder, or restrict
any alien exhibitor, or holder of con on or privilege for any fair
or exposition authorized by Act of Con ess
1
from brmging into the
United States, under contract such ot ermse admissilile alien me-
·cba.nics, artisans,-agents, or other empl yees, natives of his country
as may be necessary for installing or c nducting his exhibit or for
preparing for installing or conducting ·any business authorized or
permitted under any concession or pr1 which may have been
may be granted by any such fair. or oSition in there-
With, under such rules and regulnttoll$ the CommiSSioner General
of Immigration, with the approval of he Secretary of Labor, may
prescribe both as .to the· admission and eturn of such persons: Pro-
'Videa further, That the· Commissioner eneral of Imnligration with
·the approval of the Secr.etary bf Labor hall issue rules and prescribe
conditions,, including exaction of such onds as may be necessary', to
control and regulate the admission a d return of otherwise 'inad-
.missible aliens applying ·for temporary dmission: Provided further
nothiilg·in this Act shall be co ed to·apply to accredited
officials of ·foreign Governments, nor to their SUites, families, or
4. That the into t e United States of any alien
·!or of .prostitution, or fo any_ other   P!:JrPc;»se,
1S hereby forbidden; and whoever sh II, directly or mdirectly, nn-
port, . or attempt to import into the U ited States any alien for the
purpose of prostitution or for any ot er immoral purpose, or shall
hold or attempt to hold any alien for ny such purpose in pursuance
of such illegal importation, or shall k p, mnintain, control;
employ, or harbor in any house or ot er place, for the purpose of
prostitution or for .any other immor !_purpose, any alien, m pur-
suance of such illegal importation, sh m such case be deemed
of a. felony, and on conViction ereof shall be punished by im-
prisonment for a term of not more an ten years and by a fiD.e of
Iodsdlctianotcoarts. not more than $5,000. Jurisdiction f r the trial and pumshment of
the felonies hereinbefore set forth shall be in any district to or into
-which said alien is brought in p ance of s.'lid importation by
P
1
h
1
the person or accused, or m a y district in which a violation
Pat=ls c:! of any of the foregoing proVISions of this section occurs. That any
atum. alien who shall, after lie has been exc uded and deported or arrested
and deported in pursuance of the pro isions of this Act which relate
to prostitutes, procurers, or other e immoral persons, attempt
thereafter to return to or to enter the United States shall be deemed
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 6 of 26
CONGRESS. Sus. II. C11. 2g. 1017. ·879
guilty of a misdemeanor, n.nd on conviction thereof slinll c punished
by in1prisonment for a term of not. more than two y_ .rs. In all

p-rosecutions under this section the , testimony. of a hush nd ·or wife llbte. ·
Sholl be odmissible and competent evidence against ench other.
Sro. 5. That it shall be unln.wful for o.ny person; camp ty, partner- ....
ship, or corporntion; in nny manner whatsoever, to prepa the trans-
portation or in any way to induce, assist, encourage, o solicit, or ·
nttempt to induce, assist, encourage, or solicit the im ortation or
migrntbn of any contract laborer or contract lnborers in the United E%CipUalll.
States, unless suCh contract In borer or contract laborers a exempted A!JU, p. m1.
under the fifth proviso .of section three of this Act, o · have been
imported with tlie permission of the Secretary of Labo · in accord-.
a.nce with the fourth proviso of said section, and for every violation
of any of the provisions of this section the person, .rship, OOII:l-
pany, or corporation violating •_ the sniDe shall. forfeit nd pay for tor vtolaUoa.
every such offense the sum of $1,000, which ma.y be ·sue for ·and ·re-
covered by the ·United States, as debts of like .amount are now
covered in the courts of the United States.. 'For every violation of Crimlnal:proeecuUOZL
the provisions hereof the person violating the same m LY be J?rose-
cuted in a criminal action for a misdemeanor; and. o conVIction
thereof shall be punished bv a fine of $1,000, or by • prisonment
for a term of not less than- six months nor more -th twolears;
and under either the civil.or the criminal procedure m tione aepa-
rate suits or prosecutions may be brought:for each.alien thus o.ffered
or promised employment as aforesaid. -The Departme t of Justice, to !Diozm.
with the approval of the Department .of Labor, mayrfr m any fines
or penalties received pay rewardS to Government
employees who may furnish information :}eading to tb recovery of
·any such penalties, or to the arrest and.ptmi.sbfuent ·o any persop,
-as in' this section provided. · · 1 · .· : · , • · • .
· SEC. 6. That it shall be uiJ.la.wful and be deemed;o; vio ation of sec-
. tion .five of this Act to induce, assist, enoourage, or. soli b or attempt anJawSDI.
to ind.uce·, assist,. encourage, or solicit any· alien· 'to '4:! me into the· :
United States by promise· of employment through n
printe·d, published;· or distributed in my foreign. co tcy, whether
such .is true and- either the or cr.· · al penalty Pnnlsbment.
or both 1mposed by said section shall be· applicable to uch a case .. ·
SEc. 7. That it shall be for any person association,
company, partnership, corporation;· or· oth engaged in  
the busine$ of transporting aliens to or· Within- the nitea States,
including owners, masters, officers, and agents· of v Is, ·.directly·
or ind.i.rectly, by writing, printing,· oral representatio , payment of
any to an the United_. tates, allow-
ance of any rebates to an alum commg mto the .Um ed· States, or .
otherwise to solicit, invite, or or attempt to licit,. invite; P u
1
or encourage any Blien to come mto tne United Stat , and anyone on o!" v .,_
violntipg: any provisiC?n hereof shall be to r the civil '?l' supra.
· the cnmmal prosecution, or both; prescnbed by. sect1 .five of this 11Delmposed.
Act; or if it shall appear to the satisfaction of· the Secretary of.
Labor that any owner, master, officer, or of a. vess has brought
or caused to be brought to llo port of the United Sta any alien so
solicited, invited, or encouraged to come by such o er, master,
officer, or agent, such owner, master, officer, or agent all· pay to the
collector of customs of the customs district in whic tt .. ::- port of ·
arrival is located, or in which any vessel of the line BJ !Je found,
the sum of $400 for eacb and every silch ·violation; nd no .vessel Clt!llriDile wftmlelcL
shall be granted clearance pending the determination f the quesnon ·
of the liaoility to the payment of such fPie, or while th fine impoSed
remains unpaid, nor shall such fine be. remitted or funded : Pro- Depcslt to secure
1tided. That clearanc€ may bO granted prior to the de rmination of c1eeriDce.. ·
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 7 of 26
880 SIXTY·FOUR"£H CONGRESS. EBB. TI. Cu. 29. 1917.
Sbch questions upon the deposit with he collector of customs of a
LaDdlDpvtc!cled tor sum sufficient to cover such fine: PrtW ided furtluJr, Thn.t whenever
ponbtt.D' olatlont. it shall be shown to the satisfaction of the Secretary of Labor that
the provisions of this section are persi mtly violated by or on behalf
of any transportation company, it shall be the duty of said Secretary
to deny to such company the of landing alien immigrant
pBSSengers of any or all classes at Ul ·ted States ports for such a
period as in his judgment may be nee ary to insure an observance
    noUcu, of such provisions: ProvUktl fu.rtlt.er, hat thls section shall not be
· held to prevent transportation comp es from issuing letters, circu-
lars, or advertisements, confined str1ctl to the sailing of their
vessels and terms and facilities of tra 1Sportation therein: Pro-vided
further, That under sections five, six o.nd seven hereof it shall be
presumed from the fact that any pe ,n, company, partnership, cor-
poration, association, or society indue , assists, encourages, solicits
or invites, or attempts to induce, assist, encourage, solicit or invite the
importation, migration or coming of a alien from ,1. country foreign
to the United States, that the offender ad knowledge of such person's
alienage. .
SEc. 8. That any person, includin , the master, agent, owner
2
or
• a consignee of any vesSel, who shall br g into or land in the Umted
States, by vessel or otherwise, or shall attempt, by himself or through
another, tO bring into or land in the nite.d States, by vessel or other-
wise, or shall conceal or harbor, or· tempt to conceal or harbor, or
assist or abet another to conceal or rbor in any place, including
any building, vessel, railway car, conveyance, or vehicle, any alien not
duly admitted by an immigrant · ector or not lawfully entitled
to enter or to reside· withlli the U ted States under the terms of
Pnnisblftlmt. this Act, shall be deemed guilty of a · demeanor, and upon convic-
tion thereof shall be puniShed by a e not exceeding $2,000 and by
for a term n9t excee · g five years, for each and eve!Y
alien so landed or brought m or atte pted to be landed or brought m.
SEc. 9. That it shall be unlawful for any person, any
tl-ansportation company other than ilwa.y lines entering the United
States from foreign contiguous terrifory, or the owner, master, agent,
or consignee of any vessel to bring o the United States either from
a foreigt:1 country or any insular po ssion of the United States any
alien aftlicted with idiocy, insani , imbecility, feeble-mindedness,
epilepsy, constitutional psychopatbi inferiority, chronic alcoholism,
. tuberculosis in any form, or a Ioat me or dangerous contagious dis-
embarmuon ease, and if it shall appear to the satisfaction of the Secretary of
Labor that any alien tto brought t the United was aftlicted
with any of the said diseases or disa ilities at the time of foreign em-
. barkation, and that the existence o such disease or disability might
·have been detected by means of a c mpetent medical examination at
such time, such person or transpo ation company, or the master,
agent, owner, or consignee of any su h vessel shall pay to the collectDr
of customs of the customs distnct · which the port of arrival is lo-
AddltiaDal penalty. cated the sum of $200, and in ad · ion a sum equal to that paid by
such alien for his transportation m the initial point of
indicated in his ticket, to the port f a:pi va], for each and eveg vio-
lation of the provisions of this secti n, such latter sum to be delivered
by the collector of customs to the en on whose account assessed. It
· shall also be unlawful for any su person to hr .... - •o any port of
• the United States any alien a.t1li ed with any mu.at. defect othet·
than those above nam d, or :physical defect of a natul'El
AJIU, p. B75. · which may affect his ability to ea a livmg, as contemplated in seC··
tion three of this Act, and if it sha appear to the satisfaction of the
Secretary of Labor that any ali so Brought to the United States
emllad:atkna was so aJilicted at the time 9f for gno embarkation, and that the eX··
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 8 of 26
CONGRESS .. SESs.n. Cu.2D. lOlT. 881
jste,:1ce of such mental or physical defect might have been detected
by means of a competent, examination o.t such time, 'mch per-
son shall plly to the of customs· of the customs in ·
which the port of o.rl'ival is located the swn of $2G, and in addition a Mdll:lollalpenaltJ.
sum equal to thr.t p!ilid by such alien for his transportation .from tho
initial point of departure, indicated in his ticket, to the of ar-
rival, for each nnd every violation of .this proVision, such lfttter sum
to be delivered by the collector of customs to the alien for whose ac- oxcttldtd.
count nsse.o:sed.. It shall also be unlawful for any such person to AslaUcs,ete'.
bring to any port of the United States any alien who is exduded by
the provisi()DS of section three of this Act becn.use unable to read,. or .A.nte,PP·
876
• sn.
e-a:clnded by the terms of Sf:ction three of this Act as a nntive
of that por.tion of the Continent of Asia and the islands adjacent Fino u embarlmtian
thei·eto described in said section, and if it shall appear to the satis- allowed.
factimi of the Secretary of Labor that these disabilities might have
been detected by the exercise of reasonable precaution prior to the
deoarture of such aliens from a. foreign port, such person shall pay
to ·the collector of customs of the customs district in which the port AddJtlaDalpeuaJty.
of arrival is located the sum of $200, and in addition a sum equal to
that paid by such alien for. his transportation from. the initial point
of departure, indicnted in his to the port of arrival, for each
and every violation of this provisiont such latter ,91lJil to be. delivered ·
by the collector of customs to the alien . on whose account assessed .
.And no vessel shall be granted clearance papers pending the determi- Cle:arnncewlthheld.
nation of the question of the liability to the payment of such fines.,
or while the fiiles remain unpaid, nor shall such fines be r1emitted or   to seeme
:>efunded: Pr01Jided, That clearance may be granted prior to the
determination of such questions upon the deposit of a sum sufficient Not . a_wlfc:ablil to
to cover such fines:. Provided further, That nothing. COJ[ltained in exemptedClasoos.
this seetion shall be construed to subject transportation companies
to a fine for bringing to ports of the United States aliens who are
by any of the provisos or exceptionS to section three hereof exempted
:from the excluding provisions <if said section. . . · Restrt
SEc. 10. That it shall be the duty of every person, inclndlng own- end
ers, officers, and agents of vessels or transportation lines, 'or interna-
tional bridges or toll roads, other than railway lines which. ma.y enter Post P 892..
into a contract !iS provided in section twenty-three of this .Act, bring- ' ·
ing an alien to, or providing a means for an alien to come to, any sen.-
port or land border p_ort of the United States, to prevent the landing
of such alien in t.he United States at any time or place other than as l"
designated by the immigration officers, and. the failure o,f any snch ror v.l<>
person, owner, officer, or to comply with the foregoing require-
ments shall be deemed a miSdemeanor and on conviction thereof shall
. be punished by a fine in each case of. not less:than $200 more thari
$1,000, or by imprisonment for a term not exceeding one year, or by IJenanvesW..
both such fine and imprisonment; or, if in the opimon oi: the Secre-
tary of Labor it is impracticable or inconvenient to prosecute the· per-
son, owner, master, o11icer, or agent of any such vessel, a penalty of
$1,000 shall be a lien u:pon the vessel whose oWner, master,- officer, or
agent violates the proVlSions of this section, and such vessel shall be
libeled therefor in the appropriate United States court.
SEc. 11. That for the purpose of determining whether aliens ar-    
riving at ports of the United States belong to any of tho classes ex- Onve:sset.
eluded by this Act; either by reason of being atBicted with any of the
diseases or mental or physical defects or ilisabilities mentioned m
section three hereof, or otherwise, or whenever the Secretary of ..tnte. p.
875
'
Labor hn.s information &bowing tba.t· any aliens are coming
from a. countcy or have embarked at a plaee where any of said dis-
eases are prevalent or epidemic, the Commissioner General of Im-
migration, with the approval of the of Labor., may direct
91890°-VOL 39-PT l---56
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 9 of 26
882 SlXTY-FOu.RTH CONGll.ESS. Br::as.ll. Ca. t"917.
t thn.t auch aliens shn.U ba detained on bol\rd the vessel bringing them,

tuunlnmM
1
..... or in u. Uuited States immigrR.tion at 1.tion nt tho expense o£ suclt
'rcssel, as oil·cumstn.ncca ro11.Y require or justify, n. sufficient time to
•   tho immigmtion officers n.nd metl.lcn.l ofifcere stationed at such
ports to subject such o.Iiens to nn obse vntion and examination suffi.
to determine whether or not ,. belong to the snid excluded
t . olnssas by reason of a11lictcd in th 1 manner indicated: Provided,
    n l'ltnt, with n. view to avotd undue delay .n lunding pnssencor inter-
1:arence with commerce, the Commissi mer General of igrution
with the O.J?provo.l of the Secreta y of La.bor, issue such regtilu-
t3,"liS, not inconsistent with law, ,1s ma. be deemed necessary to effect
or purposes of tlus section: P1 ovided furtlter That it shall be tl1e
to boropou.ed. ,. . • t . t 't t th 'A • • G 1
..... uty of 1mnugro.n mspec ors o rcpor o e UommJssioncr enera
oi. Irtl.rn:igrntion the condition of all ve scls bringing aliens to United
Stn.tl!'s ports. .
rncltWJ S'Eo. :\to.. That the Secretary of Lab r is hereby authorized and di-
  l;. t-c l:ected ·. ') enter into negotiations, thro tgh the Department of State,
sought. with countries vessels of which brin aliens to the United States,
· with a view to detailing inspectors an mo.trons of the United States
Immigration Service for duty on vesse s carrying or emi-
between ports and ports of the United
Duuns, otc., u de- States. When such inspectors and ma rona are detailed for said duty
tall;xt. • • h f h 1 · ·
th"y shall remrun m t at part o t e vesse where llD.Dllgrant pas-
sengers are carried; and it shall be the·r duty to observe such l>nssen-
gers during the voyage and report to he immigration autlionties in
charge at tbc :eort of landing any inf ation of value in deterinin-
ing the admissibility of such passenger· that may have become lmown
LJst rrur am· to them during the voyage.
by SEc. 12. That upon the arrival of y alien by water at any port
within the United States on the N ort 1 American Continent from a
;ncJu3ed. passessfaus foreign port or a port of·the Philipp' e Islands, Guam, Porto Rico,
or Hawaii, or at any port of the sai insular possessions from any
port, from a. port in the United Stat.es on the North American
Contment, or from a of another i sular possession of the United
States, it shall be the auty of the mast r or commanding officer, own-
ers, or ·of the steamer, saili g, or other vessel having sn.id
alien on board to deliver to the imm"gration officers at the port of
arrival typewritten or printed lists or anifests made at the time and
place of er.1barkntion of such alien o board such steamer or vessel,
which shall, in answer to questions at he top of said list contain full
· l>etallsreqnlred. and accurate information as to each al en as follows: name, age,
and sex i whether married or single; ailing or occupation; personal
description (including height, compl .xion, color of hair and eyes,
and marks of identification); whether able to read or write; nation-
ality; country of birth; race; countr of last permanent residence;
name and address of the nearest rela ve in the country from which
the alien came; seaport for landing in the United States; :finol desti-
nation, if any, beyond the port .of 1 ding; whether having·a ticket
through to such final destination· y whom was paid;
\vhether in posses!":.ion .of $50, and if 1 , how much; whether going
to join a relative or friend and, if s , what relative or friend, nnd
his or her name and complete addre s; whether ever before in the
United Stntes, and if when and w ere; whether ever in prison or
almshouse or an institution or hospita for the care and treatment of
the insane; whether ever supported y charity; whether a polyga-
mist; whether an anarchist; wheth'e a person who believes in or
ad'focates the overthrow .by force or 'olence of the Government of
the United States or of all forms of I w, or who disbelieves in or is
opposed to government, or ho advocates the assassination
of public offic1als, or who advocates o teaches the unlawful destruc-
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 10 of 26
SIXTY -FOURTH CONGRESS. SEss. IT. Cli. 20. 883.
tion of property, or is 11 m®lbcr·of or nfiUif\ted withrnny
entertaining nnd tenching disbelief in ot· opposition ·to olrgrmized
govemment, or which the unlawful destruction of n;operty,
or who nclvocutcs or tenches the duty, necessity, or propde ::r of the
unlawful nssnulting 01· lcilling of nny officet• or. officers, nther of
individuals or of·officers the' Governme t of ·
Umled Stntes or of nny other orglllllzed governrilent becnu e of.his
or their oflicinl chnructer; whether coming by ·renson of nny ofl'et·,
solicitation, promise, or ngreement
1
express or implied, to perform
labor in the United Stutes; the allen's condition of henlt , mental
and physical; whether deformed or crippled, nnd if so, for 1ow long
nn.d from whnt cnuse; whether coming with the intent to :eturn to
the country whence such. alien comes after tempora.rily en aging in
laboring pursuits in the United Stntes; nnd such other items· of AddltlonnJ.
information o.s will n.id .in determining whether any such alien be- .Antt,p. s;s.
longs to any of ·the excluded m sect" on; three DeserlpUan orcltiz.en
hereof; nnd such master or commanding officer, owners, or c nstgnees pns.scngers.
shn.ll nlso furnish information in relation to the sex, nge, class of
travel, nnd the foreign port of embarkation of arriving p 1ssengers List or
who are United.States Citizens. ·That it shall further beth duty of IcavlnghomeorJ.nsWn.r
the master or com.inu.nding officer of e'\;ery .vessel taking p ssepgers porn.
from any port of the United States on the North American ,ontinent ·
to 11 foreign port or a port of the Philippine Islands, Gua , Porto
Rico, or Hawaii, or from nny port of the said insulnr poss .ssions to
nny foreign port, to 11 port of the United States .on the Nor h Amer-:
icnn Continent, or to a port of ·another insular possessio of the
United States to file with the immigration o,fficinls before eparture
a list which shall contain full and accurate information in r lation to
the following matters reQ;ard.ing all alien .passengers, an<J. a 1 citizens
of the United States or msular possessions of, the United tates de-
parting with the stated intent to reside permanently. in foreign Datallsroqnlmd.
country, taken on board: Name, age, and sex; whether m r.I;ied or
single; cnlling or occupation; whether .able to read or nation-
ality; country of birth; country of .-which citizen or subject; race;
lnst permanent residence in the United States or, insula;r p ssessions
thereof; if a citizen of the United States or of the insular p s5essions
thereof, whether native born or if native born, the place
and date of birth, or if naturalized the city or town in wh ch natu-
ralization has been had; intended future jermanent resid nee; and .
and port of last arrival in the Unite or r·posses- Citizens to
Sions thereof; and such master or commandmg officer fur- return.
nish information in relation to the sex, age, ClllSS of traye}, and port
of debarkation.of the United ;States citizens,depa.rting w a do not . · ·
intend to permanently in a foreign "c<?P.n.tt,., no aster of
any such vessel shall be granted clearance pal>ers for. hts ve el until
he has deposited such or lists with the o cials at
the port of departure and made oath th\).t they are full and complete
as to the name and other ,herem required c
each person of the classes specified ta)l:en on poara his v el; and
1
t;llillshment ror n'!&·
any neglect or omission to comply with the requirements o this p. 884. •
tion shnll be punishfll;lle as provi,ded. in section fourteen of. his Act: ·  
P1·ovided, That in the cnse of ve:;;sels makil1.g trips t ports of

gregu.
the United State:s the CoiiUllissioner General of on, with
the approval of the Secretary of Labor, muy; when expe . ent, ar-
range for the delivery of such.lists of 9Utgoing ruiens at 11 I ter date: Resld ts I In b
Provided furthe;J That it shall be the of lm.m.igratio' officials canada e:r   rlr
to the fo!foWing e;very alien residence
and citiZen len.vmg Umted Stutes py way of the C adian or
Mexican borders for in n :
Name, nge, and sex; or calling occu:Pa-:-
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 11 of 26
884 SIXTY -FOURTH CONGRESS. SEBs. Il1. Cu. 29. 1 o 17.
tion; whether able to rend or write; country of birth;
country_ of \Vhich citizen or aubjeot; race; last pcrmnmmt residence
in the United States; intended future rcsidenf'..e; and time
nnd port of last arrival in the United States; alnd if u. United States
Lbu
1
u citizen, whethm· nutive born or nnturnlized.
  ar- SEo. 13. That all aliens arriving by water' 11t the ports of the
United States shall be listed in convenient groups, the nnmea of
. those coming from the same locality to bo nssCimblcd so far o.a prac-
ticable, o.nd no one list or manifest sltn.ll con!?-in more than thirty
Idoo1.1llcauoo Uolrot. narmes. To euch alien or head of a fn.:.n i 'Y shaf! be given a ticket on
which shnll bo written his name, a number or letter designating the
list in which his name, and other items of information required by
this Act
7
are contained, and his rnunber on said list, for convenience
., · of identification on arrival. Each list or maJllifest shall be verified
by the and the oath or affirmation ilf the muster or com-
manding officer, or the first or se<' n.l below hfm in command, taken
before an immi!rration officer at the 'PO.rt of nrtival, to the effect that
he has caused the of said vessel sailinF. therewith to make a
physical and mental examination of each of, said aliens, and that
from the report of sairl surgeon and from own investigation he
believes that no one t t said aliens is of any M the classes excluded
from admission into the United States by seqtion three of this Act,
..!rite, p. 675·
and that nlso according to the best of his lmpwledge and belief the
information in said lists or manifests concerning each of said aliens
or BUrgeon or named therein is correct and true in every That the surgeon
of said vessel sailing therewith shall also sign each of said lists or
manifests and make oath or affirmation in -like manner before an
immigration officer at the port of arrival, his professional
experience and qualliication.S as a physician , and surgeon, and that
he has made a personal examination of each of the said aliens named
therein, and that the said list or manifest, at:cording to the best of
his knowledge and belief, is full, correct, and true in all particulars
by othsr relative to the mental and physical condition of said aliens. If no
surgeon sails with any vessel bringing the mental and
ical examinations and the verifications of lists or manifests shall
be made by some competent surgeon employtd by the owners of the
said vessels, and the manifests shall be v rified by such surgeon
before a United States consular officer or ot er officer authorizeu to
during voy- administer oaths: Provided, That if any cbapges in the condition of
age. such aliens occur or develop during the of the vessel on which
they are traveling, such changes shall be notell on the manifest before
N u r Jlsts the verification thereof. •

0
SEc. 14. That it shall be unlawful for th{1 master or
officer of any vessel bringing aliens into C?J carrying aliens out or
the United States to refuse or fail to del.iiver to the immigration
officials the accurate and full manifests or· statements or in forma-
Penalty
1
r
1
tion regarding. all aliens on board or on board such vessel
etc. or re nsa ' required by this Act, and if it shall appe$r to the satisfaction of
the Secretary of Labor that there has been a refusal or failure,
· or that the lists delivered are not accurate nnd full, such master
or commanding officer shall to the coiDector of customs at the
:port of arrival or departure the sum of $1@ for each alien
mg whom such accurate and full manifest 9r statement or informa-
tion is not furnished, or concerning i:.ne manifest or state-
ment or information is not prepared and s)vorn to as prescribed by
Cleaz:BDCe wtthbeld. this Act. No vessel shall be granted pending the deter-
mination of the question of the liability Ito the payment of such
fine, or while it remains unpaid, nor shall such firie be remitted or
to securo refunded: PrCYUided, That clearance may be grunted prior to the
cklarince. determination of such guestion upon the deposit with the collector
of customs of a sum sufficient to cover such ifuie.
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 12 of 26
SIX'fY-IfOURrrll CONGUESS. SEBs.II •. 'Js(20. 1017.
885
SEc. 15. Thn.t. upon the nrrivo.l nt a port M tho lJ tited of  
u.ny ,·essel bringing llliens it shall be the duty of tho rnopet· im.mtgra- omvlne by wntor.
tion· o0ici11ls to go or to send b.sshd.u.nts to tho .vessel anrJ
there inspect ull such aliens, Qr snid immigration offici Is ma.y order o.
tempomry rcmovol of such aliens for e::t.- mination t a
time and pluce, but such temporru.y rem'oval sball no be constdered.
u landing, nor sh11ll it relieve ':'essels, the trO:nsportatioi lines, masters,
ugcnts, owners, or consignees of the \"essel upon wb.icl said aliens are
brought to any port of tbe United States from any .of the obligations
which, in case such aliens rcmai,1 ·on: board, ·would nder the pro-
Yisions of this Act bind the.snid vessels; tro.nsportatiq lines, mn.sters,
ngents, owners, or consignees: Pro'vicled, That wb re removal is at hnml-
made to premises owned or controlled by the Unit d States, said grontlltaUona.
vessels, trnnsportation lines masters, agents,· ownerS' or consianees
and each of them, shall, so long o.s detention there 1 sts, be relieved
of responsibility ·for the sRfekecping of "slich alie . Whenever a Paymentorexperum.
tempornry removal of aliens is made the vessels or, transportation
lines which brought them o.nd the masters, agents
2
• and
consignees of the vessel upon which they arrive sblall pay au ex-
penses of such removal and all expenses du ·ing Subsequent
detention, pending decision on the aliens' eligtbil.ii y to enter the
United States and until they o.re either allowed to 1 nd or returned
to the care of the line or to the vessel which brou(Tht them, such
expenses to include those of maintenance, medical tr atment in hos-
pital or elsewhere, burial in the event of death;· and transfer to the
vessel in the event of deportation,· excepting only· here they arise Post, p. rm.
under the terins of any of the provisos of section• ighteen hereof. Poulshmentrornon-
AD.y_' or failure to ply .with shn.ll compl.lll:.lce.
pumshed m the manner speci.f;ied m section eighteen f. th1s Act! ·,
SEc. 16. Tho.t the physical and mental·examiliiltio of all arri\7ing  

aliens shall be made by medical officers of the Unite States Public He:ilth.
Health Service who shall have had at least two year ' experience in
00
cera.. .
the   of their profession: sin<;e receiving· the · ew.ee doCtor
of medicme, and who shall conduct all medico.l·ex mmations- and
shall certify, for the information·o£ the im.Iiligrntion officers and the
' I
boards of special inquiry hereinafter provided for, and all physi-
cal o.nd mental defects or diseases observed·by said m dical officers in
any such alien; or, should medical officers of the Unit d States Public BycJvflsurgeQllL
Health Sernce be .not o. vailable, civil surgeons of no less than four
years' professional experience mo.y be. employed in. ncb emergency
for such service upon such terms as niny be prescrib d by the Com-
General of Immigration, under I dire<:t or with the Number
approval of the Secretary of Labor. All ahens ·arrl mg at ports of eto. neeess:uy.
the United States shall be examined by not less than two such medi..:.
cal officers at the discretion of the· Secretary of Lnbor, and under such _
administrative regulations as he -may. prescribe and under' medical
regulations prepared by the Surgeon General of tb United"States E:mm!nntf f
Public Health Ser.vice .. Medical officers of. the·Unite States Public or
Health Service who have had especial training in t e di:ignosis of
insanity and mental shall ·be detailed for du or employed
at all ports of entry des1gnated by the Secretary of• abor,· and such
medical officers shall be provided with suitable fncifties for the de-·
tention and examination of nil arriving aliens in iV om insanity or
mental defect is suspected, and the services of inter reters shall be A •
provided for such examination. Any alien certified· for insanity or to mediCal
mental defect may appeal to the board of medico.! officers of the
United States Public Health Service, which shall be on'Vened· by the·
Surgeon General of the United States Public Heal.h ·Service. and
said alien may introduce before such I boo.rcl one exp rt medicai wit-
ness at his own cost and expense. That the inspect on, other than Jmmi-
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 13 of 26
886 CONGRESS fh:sa. II. Cz:z. 29. 1017.
tho physical nnd mcntnl c:s:nminntion of aliens, includin{!' those seek-
ing ndmission or readmission to or t .cJJri \'ilege of passmg thl'Ough
or in the United States, n the exnminntion of aliens
nrrested \nthin tho United States unc er this Act. shaH be conducted
.:.umber

 

 
States shn be exnmmed by at least two imm1grunt inspectors nt the
1
discretion of the Sccretnry of Lnbor nnd under such regulntioDB as
etc.,
0
he mny prescribe. Immigrant inspe tors nre hereby authorized and
empowered to bonrd and search for aliens nny vessel, railway co.r, or
any other or Yehicle in hich they believe aliens are be-
ing jnto the united States. 'nid inspectors shall hnve power
to administer oaths and to take and consider evidence touching the
. right of any alien to enter,.reenter, pass through, or reside in the
1
,unWun t flllso United Stntes, and, where such acti n mo.y be necessary, to make a
ovfdOilce. QJl or written of such evidence; an any person to whom such an
oath has been administered, under he prm·isions of this Act, who
shall knowingly or willfully give fa e evidence or swear to any false
statement in any wny affecting or in elation to the right of any alien
to admission, or readmission to, or o pnss through, or to reside in
Vol. 35, p. 1111.
the United States shall be deemed 'lty of perjury and be punished
ns provided by section one hundrea and twenty-five of the Act ap-
proved March fourth, nineteen hun red and nine, entitled "An Act
A11lda
118
uir d to codify, revise, and amend the pe nllaws of the United States."
from c All aliens coming to the United S a tes shall be required to state
under oath the purposes for which t ey come, the length of time they
intend to remam in the United St tes, whether or not they intend
to abide in the United States pe manently and become citizens
thereof, and such other items of i formation regarding themselves
as will aid the immigration officia in whether they
to any of th.e _cla el?umerat.ed m three
Power to secure evl· hereof. Any conumsswner of lgrntwn or mspector m charge
dCllce, eto.
shall also have power to require by subpoona the attendance and tes-
t]mony of witnesses before said · spectors and the production of
books, papers, and documents touchi g the right of any alien to enter
Enr t b <lis- reenter, reside in, or pass through t e United States, and to that end
Y may invoke the aid of any court of the United States1 and any dis-
trict court within the which investigations are being
conducted by. an immigrant inspec or may, in the event of neglect
or refusal to respond to a subpoon issued by any commissioner· of
immigration or in..c;pector in charg or refusal to testify before said
immigrant inspector, issue an requiring such person to appear
before said immigrant books, papers, and
ments if demanded, and testify; a d any failure to obey such order
Punui t
1
h. of tha court may: be punished by he court ns a contempt thereof.
That. any including emplo ees, officials, or .agents of trans-
portation compnnies, whll shall as ault, resisti prevent, impede, or
. mterfere with any immigration o cial or emp oyee in the perform-
ance of his duty under this Acts all be deemed. Q'Ui]ty of a misde-
meanor, and on conviction thereo shall be by imprisonu
d d
1
ment :for a term of not more than ne year, or by n. fine of not more,
en Y than $2,000, or both; and any pe son who shall use any dend'y or
dangerous weapon in resisting an immigration official or employee
in the of his duty s all be deemed guilty of a felony
· Dotenuouordoabtrui and shall, on conviction thereof, e. punished by impriso!lDlent for
cases.. not more than ten years. Every 1hen who may not appear to the
examining immigrlmt inspector at the port of arrival to be clenrly
and beyond n doubt to In ld shnll be detained for examina.··
or upecml in- tion in relation thereto by a boar of special inquiry. In the event
re- of rejection by the board of spec
1
n 1 inquiry,. in a.ll cases where. au
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 14 of 26
SIXrl'Y-FO"Q"RTH CONGRESS.. SEBs. IT. Ou. 20. .l-917. 887
nppeal to the Secretory of Lnbor is permitted by this Act, alien
shall be so informed nnd shnll have the r!ght .to
counsel or other ndyiser on such appeal. The· decision of n1n imm1- or fAvor!)·
grant inspector, if favorable to the admission of: nny allen,' shall be
subject to chnllcnge by nny other immigrant inspector nnd chal-
lenge shnll opemte to take the nlien whose right to is, so.chnl-
before n board of specinl inguiry for its invesiigation, · Doo.rd!J r lat
SEo. 17. Thnt bonrds of special mquiry sl1all be appointed by the qutry.
0 8
pac. !»",
commissioner of immigration or inspector in. charge at various · · · ··
·ports of arrival as mo.y be necessary for. the prompt qeter:tninntion
of nll cnses of immigrants detained at such ports under the provisions
.of the lo.w. Each board shnll consist of members, who shall BeteeUon, etc.
be selected from such of the immigrant officials in the na the
Commissioner Genernl of Immigrntion
1
with the approvall of the
Secretary of Lttbor, shall from time to tune desigt!ate.ns qup.lified to
serve on such boards. When in the opinion of the Secretary. of Labor Tompornry boo.rds.
the of o. permanent board of special inquiry for service
at any .sen or ln.nd border port is not warranted, regularly  
bonrds may be detailed.from other stations for temporary :aervice at
such or, if be impracticable, of .
authonze the creation of bonrds of speCial. mqmry by Igra- . ·
tion officials in chnrge at such ports, nnd. shall detel"mine wlhnt Gov-
olficials or other persons shnll eligible for on such , ..
boards. Such boards shall have authority, to determme whether an  
.nlien who hns been duly held shall be nllowed to land or .shnll be ' · - ,
deported. All hearings before such boards shnll be nnd
n.part from the public, but the immigrant ·may. have one friend or
.relative present under such regulations as may be.prescribEfd by the
Secretary of Labor .. Such boards shall. keep a complete permanent
record of their proceedings nnd ·of all such testimony may be
produced before them; and the.decisions of o.ny two members of the.
board shnll prevnil, but either the n.lif'n or an:r l1lember of
the said board may appeal through the commJssioner of nmpigr.ation
ot the port of arrival and the Commissioner. General of Imtp.igraiion
to the Secretary of-Labor, and the takinrcr of Stich appeo.lshall operate
to stay any action in regard to the fina 'disposal of.nny. alilen whose
cnse is so appealed until the receipt by the commissioner· .of li.mmigrn-
tion at the port of nrrival of such decision which shall be, rendered
solely upon the evidence adduced before the·board of-special inquirv.
In every case where an alien is excluded from ·admission into the   or e:o:cluslon
United States, under· any In'v or treaty now existing or hereafter
mnde, the decision. o£ a board of special mquiry adverse to'the 'admis-
sion of such alien shall be final, unless reversed· on a.ppenl to the
Secretary o£ Labor: P.rovided, That, the a.lioarld d£ spe-
cial inquiry shall be based upon the certificate of the ·examining medi-

' ·•.
l!al officer n.nd, except ns provided .in section twentyrbne shall ' · ·,.
be final as to the rejection of aliens .affected 'With tuberculo$is in any
form or with a loathsome or d'angerous contagious disease, or with
nny mental or physical disability which· would bring such aliens Ante, P-S7
5
:-
within nny of the Clnsses excluded from· admission to· tbe United
StntesundersectionthreeofthisAct; :· ' 'I
11
·' r .• :: ' ., '
_. · ·SEa. 18. That all aliens to thig _country in :Violation of law Illegally
shall be immediately sent back, iii accorru:riodations o£ snme clnss
in which they arrived, to the country· whence they cnnie, . . ·,'
on the iri the · the.
of Labor ls· not prncttcnble or proper. The
cost oi their rnamteliance whlle on land, 1as weU. as the expetse of the
return of such nlienSj 'shnll be Dome by the owner· o:f; of the
:Vesse)s Which they ,came.'   it snnll be un}fl;Wfu}
for nny master, purser; person m· charge,. n·gent, owner,. or tons1gnee · . · . '
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 15 of 26
888 SIXTY-FOUitTH SEss.II. Cu. 20. 1017.
of any such vesSel to refuse to recciv(e bnck on board thereof, or on
bon.rd of any other vessel owned or by the snme
such aliens; or to fail to detain them thereon; or to refu.se or foil to
return them in the manner aforesaid
1
to tho foreign port from which
they came; or to fail to po.y the cos of their maintenance while on
lnnd; or to make o.ny charge for the return of any such alien, or to
take nny security for the payment of such charge; or to tnko nny
t ";i consideration to be in case t 1e alien is landed; or knowingly
il.llew. or
11
or
8
to bring to the United Stntes at any time within one year from the
date of deportation any. alien rejecte or arrested and deported under
any provision of this Act, unless pr or to reembarkation the Secre-
tary of Labor hns consented that su alien shall reapply for admis-
vlolo- sio!J, llS by section three her ofi and if it shall appear to the
uons. satisfactiOn of the Secretary of Lab r that such master, purser, per-
Am P
885
'son in

agent, owner, or consi nee has violated any of the fore-
e, · • gqing proVIsions, or any of *e pro · sions of section fifteen
such master, purser, person m cha ·ge, agent, owner, or consignee
shnlll?ay to the collector of customs of the district in which the port
of nrr1val is located, or in which an vessel of the line may be
the sum of $300 for each and e't"ery iolation of any provision of said.
Cleamncowithheid. sections; and no vessel shall have lenrance from any port of the
United States while any such fine i unpaid, nor shall such fine be
to secure remitted or refunded: Provided, Th t clearance mo.y be granted prior
rleanmce. to the determination of such g_uestion upon the deposit with the col-
by other lector of customs of a sum sufficient to cover such fine. If the vessel
ve& • by which any alien ordered deporte came has left the United States
and it is impracticable for any rea ·on to deport the alien within a
reasonable time by another vessel wned by the same interests, the
cost of deportation may be paid by 1e Government and recovered by
civil suit from r;.ny agent, owner, or onsignee of the vessel: Provided
Detentionaswitness. further, That the Commissioner G neral of Immigration, with the
approval of the Secretary of Labor, may suspend, upon conditions to
be prescribed by the Commissioner General of the de-
portntion of any aliens found to ha e come in violation of any pro-
vision o£ this Act if, in his t, the testimony of such alien is
necessary on behalf of the United S ates Government in the prosecu-
tion of offenders against any pro · ion of this Act or other laws of
?iiBlntanaDce. the United States; nnd the cost of aintenance of any person so de-
tained resulting from such susp on of deportation, and a witness
fee in the sum· of $1 per day for ea day such person is so detained,
may be paid from the appropriatio for the enforcement of this Act,
or such alien may be released unde bond, in the penalty of not less
thnn $500, with security approved y the Secretary of Labor, condi-
tioned that such alien shall be pro uced when required as a witneSs
and for deportation. No alien ce ified, as .provided in section six-
.A.,me, p. sss. teen of this Act, to be suffering om tuberculosis in any form, or
from a loathsome or dangerous co tagious disease other than one of
quarantinable nnture
1
shall be pe itted to land for medical treat-
Exception. ment thereof in any nospitn.l in th United States, unless the Secre-
tary of Labor is satisfied that to re se treatment would be inhumane
or cause unusual hardshif or su:ffe 'ng, in which Cllse the alien shall
be treated in the hospita . under t e supervision of the immigration
officials at the expense of the vesse transporting him: Provided fur-
ther, That upon the certificate of a examining medical officer to
0
e ens. effect that the health· or safety of an insane alien would be unduly
imperiled by immediate deportati n, such alien may, at the expenSE!
of the appropriation for the enfo cement of this Actl be held for
treatment until such time ns such lien may, in the of such
E:occln.slou or com· medical officer, be safely deported: Provided further, That upon thEI
  certificate of an examining medi al officer to the eff'ect that a re-
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 16 of 26
SIXTY-FOlJRTH CONGRESS •. SF.sa. Il; On. 20 ..
nlien is helplc5s from siclme$, mentnt {.ll' phyaicn.l di mbility,
or infancy, if such nlien is ne:;ompnniqd by another -11lien wh pro-
tection or gunrd.innship is requi t•ed by such. l'ejected lllieh,·. uch · oc-
compnnying nlien mny nlso be excluded, and the. .D)nsoor, ngei)t owner:,
or eons1gnee of the vessel in which such nlien s.nd .accom nmying
alien are brou&ht shall be required to retu1·..i said n.Jien o.n accom-
panying alien m the snine mu.nner t1s vessals nre; reqllired tti returtl
8&9
othor rejected aliens. · . · . . . ·
1
I ' • D u
· SEc. 19.:;.1Thnt at nny time within fh•e after entry, a 1y alien
who nt the time of entry wns a member of orte or nioJ;e of th: classes Cla.s:wo.trected.
excluded by law; n.nv alien who shall have, entered lor wl o rnhnl}
be found in the United States in ·violation of this Acthor in iolption
of IUlJ other law of the Unired States; any alien w o at a y time ·Allllrch.Ltts, eto.
nfcer entry sli'nll be found ndvocnting or teaching the u bwful
destruction of or advocating or. teaching or the · · ·
overthrow by force or violenca of the Government of the United
States or of all forms of law or the assassination of·
nny alien who within five years after entry becomes a publi
from causes not affirmatively shown to hliv¥- arisen subse uefltrto
landing; except as hereinafter provided, any alien. who is ere after emtvJcts, ete.
sentenced to 1IDprisonment for a term of one. year. or morlbecause- · ·
of conviction in this country of a crime involving moral t tpitude,
committed within five years after the entry of the alien to th · United
States, or who is hereafter sentenced more than. once to sue a tHm .
of imprisonment because of conviction in this colintry 'of crime ·
involving moral turpitude, at any time after en ry.; any   pro-
alien who shall be found an inmate of or connected with the annge-
ment of a house of prostitution· or ·practicing prostitution a er suuh
alien shall have entered the United States, or who. shall receive,
share in, or derive benefit from any part of· the earning. of· any
prostitute i ariy alien who 'manages or is employed ·by, in, o in ·con-
nection w1th any· house of frostitution or· music or dance hall
other place of -amusement or resort. habitually :frequElnted b prosti-
tutes, or where prostitutes gather, or who in any way a ists :my
prostitute or protects or· promises to protect from 1\l'rest an prosti-
tute; any who shall import or attempt to import an person
for the purpose of prostitution or for any other immoral · urpose;
any alien who, after being exCluded and deported or arre ed an'd
·deported as a prostitute, or as a procurer,· or as having b en con-
nected with the business of prostitution or importation for. restitu-
tion or other immoral purposes in any of the ways her inbefore
SJ?ecified, shall return to and enter the United States; any a ·err coil- Antt, Jl. &78.
VIcted and imprisoned for 2 violation of any of the prov of
section four hereof; any alien was br wh .:admits
the commission, prior to entry, of a felony or other crim or mis-
demeanor moral turpitude; at any time within t ee years YeBDI
after entry, any alien who shall have entered the United tri.tes by ·
water at any time or place other. than as designated by · igration
officials, or by land at any place other than one desigx:tated a. port
of entry· for aliens by the Commissioner Ganeral of · gration,
or at any time not desigJ:Iated by immigration officials, or w o Pnters
without inspection, shall, upon the ·warrant of the Seer tary of
Labor, be taken into custody nnd depor.ted: Provided, That he mar- t
riage to an American citizen of a female of the sexually immoral e:telusion orr:maies,
classes the exclusion or deportation of which is prescribe by this
.Act shall not invest such female with United States citiz nship if
the marriage of such alien female shall be so1e..TI1D1zed fter her
arrest or after the commission of nets which· make· her liable to de-
portation under this Act: Provided furtner, That the pro "sion of EtrectorponJons.
this-section respecting the deporto.tion.of aliens convicted o
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 17 of 26
890 SIXTY-FOURTH CONGRESS. CH.29. 1917.
I
involving moral tm·pitude shall not 11 )ply to one who has been
pardoned, nor shall such deportation e made or directed if the
court, or judge the1·eof, sentencing such alien for such crime shall,
at the time of Llposing judgment or passing sentence or within
thirty days thereafter, due notice h11vin first been given to repre-
sentatives of the State make a recomm ndation to tlio Secretary of
Labor that such alien shall not be deport d in pursuance of this Act;
nor shall any alien convicted ns o.fores id be deported until after
the terminatiOn of his imprisonment: rovided further
1
That the
:Utrr. provisioDB of this section. with the ex :eptions hereinbetore noted,
shall be npElicable to the classes of nl ens the.rein mentioned irre-
spective of the time of their entry: into he United States: Provided
insUlllr fu1·the1/' That the provisions of this se tion shall also apply to the
cases o aliens who come to the mainlnn of the Uniled States from
of proot ou the insular possessions thereof: Provid d further, 'l'hnt any person
who sball be arrested under the pro · ions of this on the
w:-ound that he has entered or been fo nd in the United i::States in
violation of any other law thereof whic imposes on sucli person the
burden of proving his to enter or emain, and who sliall fail to
· establish the existence or the right cl · ed, shall be deported to the
  Secie- place specified in such other law. In e ery case where any person jg
.ordered deported from the United St tes under the provisions of
this Act, or of any law or treaty, the decision of the of
r d Labor shall be final.

0
e- SEc. 20. That the deportation of ali s provided for in this Act
shall, at the option of the Secretary f Labor, be to the country
whence they came or to the foreign p rt at which such aliens em-
barked for the United States; or, if su .embarkation wns for foreign
contiguous territory, to the foreign port at which they embarked
for such territory i or, i:f such aliens en ered foreign contiguous terri-
tory from the Uruted States and later entered the United States, or
if such aliens are held by the countrv from which they entered the
United States not to be subjects or ci ·· ens of such country, and such
country refuses to permit their reen , or imposes any condition
-upon reentry, then to the ountry of which such aliens ·
are subjects or cttizens, or to the coun in which they resided prior
to entering the country from which t ey entered the United States.
H deportation proceedings are instit ted at nny time withln five
years after the entry of the alien, su h deportation, including one-
·half of the entire cost of remo¥nl tot e port of deportation, slinll be
nt the expense of the contractor, proc rer, or other person by whom
the alien was unlawfully induced to nter the United States, or, if
that can not be done, then the cost f remo,nl to the port of de-
portation shall be at the expense of he· appropriation for the en-
forcement of this Act, and the depo ntion from such port shall be
nt the expense of tha owner or owne of such vessels or transporta-
tion line by which such aliens respec "vely cnnre, or if that lS not
practicable, at the expense of the oprintion for the enforcement
of this Act. I£ deportation procee · s nre instituted later than five
years after the entry of the alien, or, if the deportation is made
by reason of causes arising subsequent to entry
1
the cost thert?of shall
be payable from the appropriation f r the enforcement of this Act.
A failure or refusal on the part of t e masters, agents;. or
era. etc. consignees of vessels to comply with the order of the ljecretnry of
Labor to take on board, gtJ.ard safely nnd transport to the destina-
tion specified any alien ordered to be deported undt>r the provisions
.tnu, P. 887. of this Act shall be punished by the i position of the penruties pre-
dant scribed in section eighteen of this Act: Provided, That when in the
tot' opinion of the Secretary of Lnbor the mentnl or physical condition
al.!eD.. of such alien is such as to require pe ·sonal care and attendance, the
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 18 of 26
SIXTY-FOURTH CONGRESS. SEBs.II,, ,CH. 29:. !1011. 891
snid Secretnry sholl when necessary 'em,Ploy li suitable perso foi• th11t
purpose, who shall nccoml?nny. such allen to his or her .finn destinn·
tion, nnd tho expense inctdent to such sex:-vice shaH be de in
the same manner ns the expense of deportmg the accompa ted nhon .
is defrayed. Pending the final disposal of the cilse.of an alien 5o

tn]ten into custody, he mny be released under a bond in th penalty
of not less thnn $500 with security approved by the Sec .etllry of
Labor, conditioned that such alien shall be produced whenfrequired
for n. hearing or henrings in regard to·the cliarge.upon whi h he has
been tnken into custody, and for deportation if he shrill be found .to
be unlnwiully within the United States. . 1.
SEo. 21. That any alien liable to be excluded because likely to C:::.fll:
become a public charge or because of physical disability o her than
tuberculosis in any form or a loathsome or. dangerous c ntagious
disease mn.y, if otherwise admissible,.nevertheless·be admit ed in :the
of the Secretary of Labor upon the giving of suitable
and proper bond or undertaking, .approved by said Sec ·etary, in
such amount and containing such conditions as he may p · scribe, to
the United States and to all States, Territories, counti s, towns
1
municipalities, and districts thereof, holding the United tates nn<t
all: States, Territories, counties, municipalities,, an districts A rca.m In
thereof harmless against such alien becoming n public charge. ·In .
lieu of such bond) such alien may deposit in .cash ·with the
of Labor such amount as the Secretary. of Labor may requ re, ·which
11mount shall be deposited' by said Sec'retary ·in the: Uni ed· States
Postal Savings Bank, a receipt therefor to be given th& p rson fur-
nishing said sum; showing the fact object of its receip and ·such Interest, etc.
other iirlormntion as said Secretary may deem·advisable.- I accru-
ing interest on said deposit during the time same shall be h ld'in the
United States· Postal Savmgs Ba.D.k. shall be- paid 'to: the ·p rson fur.:.
Dishing the sum ior deposit. In·the· event. of such.- alien ·b coming a
public charge, the Secretary of Labor ·shall dispose of sa d deposit
in the same manner as ii same bad ·been collecte'd under bond o.s
provided in In tha event of the perinarient eparture Retomofdeposit.
from the United States,· the or the deat of such
alien, the said sum' shall be returned to the by · hom fur.:.
nisJied, or to legn!   Th·e: 'of · ch_
shall be a cons1derat10h for the: gtvmg of· such: bond, un ertaking,
or cosh deposit. Suit ma.y be· brought thereon in the Till e' nna by Sulton bond, etc.
the proper law o:ffi.c·ers' ·either of the Umtt!d States Gave nment or
of any State, Territory, county, · toWii,"-or. ihlinic pality ·in
which such alien becomes a public -, " .·.,. . . ' . . .
SEc. 22. That whenever an ·alien =shall   oeen 'natu nlized of
shall have taken up' hls permanent: reSidence ·in tl1is · cot try,'' and contagious
th'eren.fter shall send'ior'his wife m: npnor. childr'en to .. joi him, and .· .· ·, . · .
snid wife or any of, said minor chil<lreiFshall be found to ,e affected -
with' any contagious disorder, 'such ':wife 'oi
1
Jiiliidr childi' shall be deten-
.held, under such reguJiltioils qs .the· Secretnry.'df Labdr
scribe, until it shall_be whether'the disbrder -wil be easily - '
curable or whether they cari be permitted.f(j danger to ..
  ·persons; a.b.d they .n<?t 'pr de:ported
until such facts hiiVe been ascertamed · and· If. 1t shall' be' 'd teriilined   per-
that the disorder is easily curable and :!lie .husband dr fitthe or oth'er
responsible person is willing to
they mn.y be accorded treatment hospital'until .cdred ·a d·tnen be
admitted, o'r if it shall_ be deten:tiin'ed 'thaftbey·coir be -pe mitted'to
In!ld. without to   'they otp PrwUo.
!J.e, t1J}.le:be son· send- Famlllee or natumJ.
fpr. Wife J?.mor _chlldJ;'ep wde, . whom lzed eltlzeus.
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 19 of 26
892 SIXTY-FOUB.TH SEBs. II. Cu. 29. 1017.
I
ra8!'U:\\lODt to llll.tu· married ot• a minor child born

ent to such husband or father's
· naturalization sho.ll be admitted wi out detention for treatment in
.Prior l.horoto. hospital, and with respect to a wi'f to whom married or a minor
child born prior to such husbnnd or father's naturalization the pro-
visions of this section shall be obser ed, even though such person is
unable to pny the expense of trent ent, in which case the expense
shall be pa1d from the appropriation for the enforcement of this Act.
CommJ.ssJooer OCD· SEc. 23. That the Commissioner G neral of Immigration shall
form all his duties under the direc ion of the Secretary of Labor.
Under such he sball have of the administration of
all laws relating to the immigration f ahens into the United States,
and shall have the control, directio , and supervision of all officers,
Admin.lstmtlve resu- clerks, and employees appointed the eunder; he shall establish such
!atlou:J, etc. rules and regulations, prescribe sue forms of bond, reports, entries,
and other papers, and shall issue fro time to time such instructions
not inconsistent with law, as he sh deem best calculated for carry-
ing out the provisions of this Act and for protecting the United
States and migrating thereto from fraud and loss, and shall
ha. ve authority to enter into contra t for the support and relief of
such aliens as may fall into distre or need public aid, and to re-
move to their native country, at a y time within three years after
entry, at the expense of the appro riations for the enforcement of
this Act, such as fall into diStress or need public aid from causes
arising subsequent to their entcy nd are desirous of being so re-
!or border moved; he shall prescribe rules for he entry and inspection of aliens
coming to the United States from o · through Canada and Mexico, so
ns not unnecessarily lo delay, impe ··e, or annoy persons in ordinary
travel between the United States a d said coWltries, and shall have
power to enter into contracts with transportation lines for the said
! to securo fD.. purpose. It shall be the duty of th Commissioner General of Immi-
stnt.es. gration to detail officers of the · · gration Service from time to time
Abroad.
' as may be necessary, in his judgme t, to secure information as to the
number of aliens detained m the p nal, reformatory, and charitable
institutions (public and private) f the several States and Terri-
tories, the District of Columbia, a d other territory of the United
States, and to inform the officers f such institutions oi the provi-
sions of law in relation to the depo tation of aliens who have become1
public charges. He may, with the approval o£ the Secretary of La··
bor, whenever in his judgment su h action may be necessary to ac··
complish the :purposes of this A t, detail immigration officers for
Publ.fu Health ofli- serVIce in foreign countries; and, pon his request, approved by •
cem. Secretary of Labor, the Secreta of the Treasury mn v detail medi--
cal officers of the United States uhlic Health Service for the per·-
Dutl r b- formance of duties in foreign co tries in connection with the en-
llouen forcement of this Act. The duti of commissioners of immigration
and other immigration officials in charge of districts, ports, or sta-
tions shall be of an administrativ character, to be prescribed in de-
tail by regulations prepared under the direction or with the approval
ror of the Secretary of Labor: Pro · ed, That no person, com"Eany, or
passea== CODtf&- transportation line engaged in c rrying alien passengers for hire
aOlU from Canada or Mexico to the nited States, whether by land or
water, shall be allowed to land ny such passengers in the United
States without providing suitabl and approved landing_ stations,
conveniently located, at the po' t or pomts of entry. The Com-
missioner General of Immigrati n is hereby authorized and em-
powered to prescribe the conditio s, not inconsistent with law, under
which the above-mentioned Iandi u stations shall be deemed suitable
P
1
f::!tr tar naucom· within. the _meaning of this t. Any :person,   or
. portation line landing an ahen p ssenger m the Umted States Wltll-
out compliance with the_requirem therein set forth shall be deeme:d
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 20 of 26
SIXTY-FOURTH CONGRESS. SESs. II. On. 29 1917. 893
t.o have violated section eight of this Act, and upon con iction shall ..t.nt.t,p.sso.
be subject to the penalty therein prescribed: Provided f rther, Thnt

   

for the purpose of making effective the provisions of his section
to the of from £rau4 and loss, Pod 895.
proVlSl'lDs of sectiOn thirty of th1s Act, relatmg to the · IstnbotiOn • p.
of aliens, the Secretary of Labor shall establish and mai 1tain immi-
grant stations nt such interior places as may be nee ry, nnd, in
the discretion of the said Secreto.ryt.aliens in transit fr m ports of
landing to such interior stations shall be accompanied b immigrant Dbcrlm1natlam In
inspectors: Provided further, That in prescribing rules md making Jtlle!, etc., rorbldden..
contracts for the entry and inspection of aliens a.pplyi.D for admis-
sion from or through foreign contiguous territory, due re shall be
exercised to avoid any diScriminatory action in of foreign
· transportation companies transporting to such territot aliens des-
tined to the United Sta.tes, and .all such tra.IlSJ?ortatio companies reg-
shall be required, as a condition precedent to the mspeeti n or exami-
vation under such rules and-contracts at the ports of sue contiguous
territory of aliens brought thereto by them, to submit to and comply
with all the requirements of this .Act which would appl were they eon
bringing such· aliens directly to seaports of the United States, and, tlng
from and after tpe taking effect of this Act, no alien pplying for COiillguoas
admission from foreign contiguous "territory shall be ermitted to
enter the United States unless upon proving that hew brought to
such territory by a. trnnsportation company which had mitted to
and complied with all the requirements of this Act, or that he
t-ntered, or has resided in, such territory more than mo _;years prior
to the date of his a{lplication for admission to the U: ted States.
SEc. 24. That i.mm1grant inspectors and other immi tion officers,
clerks, and employees shall hereafter be appointed an eir compen- tmdercivil oelaw.
sation fixed and raised or decreased from time to time by the Sec-
retary of Labor
1
upon the recommendation of the C mmissioner
General of Immigration and in accordance with the rovisions of
the civil-service Act of J anua.ry Sixteenth, eighteen undred and P.
403
"
eighty-three: Provided, That said Secretary, in the e orcerilent of ror enlore-
that portion of this Act which excludes contract laborers and induced etc.,
and assisted immigrants, may employ, for such purp and for
detail upon additional service under this Act when not so engaged,
without reference to the provisions of the said civil-se · ce Act, or to
the various Acts relative to the compilation of the Offi · al Register,
such persons as he may deem advisable and :from tim to time fix,
raise, or decrease their compensation. He may draw ually from sslsrles
the appropriation for the enforcement of this Act $1 0,000, or as
much thereof as may be necessary, to be expended fo the salaries
and expenses of persons so employed and for exp4 incident to AJxow:tt:ing..
such employment; and the accounting officers of the T easmy shall
pass to the credit of the proper disbursing officer expen · tures from
. said sum without itemized account whenever the Secre ry of Labor
certifies that an itemized account would not be for the interests
of the Government: Provided further, That nothing her in contained  
shall be construed to alter the mode of ap{lointing co "ssioners of Tm:re11t, etc.,
immigration at the several ports of the Umted States as provided by n VaL 28. p. :m.
the sun.lry civil appropriation Act approved Augus eighteenth,
hundred and nmety.:four, or the official status f such com·
heretofore appointed.
SEc. 25. That the district courts of the United Sta s are hereby
invested with full of causes, civil: and cri · arising ete.
under nny of the proVISlons of tbts Act. That It shall b the duty of
the United States district attorney of the proper distric to prosecute
every such suit when brought by the Umted States un er this Act.
Such prosecutions or suits may be instituted at any place in the
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 21 of 26
894
:
SIXTY-FOURTH CONGRESS. SEB/s. II. Cu. 20. 1917.
United Stutes nt which the 1•iolation may o
1
cur or at which the per-
compromises ro- son charged with such violation may be found. Tbnt no suit or
mlcted.: proceeding for a 'riolation of the provision; of this Act shall be set-
tled, compromised, or discontinued withou the consent of the court
in which it is pending. entered of record, ith the reasons therefor.
sb\tiOil SEc. 26. That all exclusive privileges of xchanging money, trans·
oL portins. passengers or baggage, or keepino- eating houses, and all
..t 'P.
325
• other like privileges in connection with any United States immigrant
station, shall be d.isposed of to the lowes responsible and capable
bidder, after public competition, notice of such competitive bidding
having been made in two newspapers of circulation for a
period of two weeks, subject to such con 1tions and limitations as
the Commissioner General of Immigratio , under the direction or
with the approval of the Secretary of Lab r, may prescribe, and all
receipts accruing from the disposal of pri 'leges shall be paid into
the Treasury of the United States. No sue contract shall be awarded
d!tOXI=ts forbid- to an alien. No intoxicating liquors shall e sold at any such immi-
gration station.
SEc. 27. That for the preservation of e peace and in order that
  arrests may be made for crimes under t e laws of the States and
Territories of the United States where t e various immigrant sta-
tions are located, the officers in charge of such stations, as occasion
may require, shall admit therein the pr per State and municipal
officers charged with the enforcement o such laws, and for the
purpose of thjs section the jurisdiction o such officers and of the
local courts shall extend over such stations
'::: ';! SEc. 28. That any person who lmowin ly aids or assists any an-
feJan:r. archist or any person who believes in or advocates the overthrow
by force or violence of the Government of the United States, or who
disbelieves in or is opposed to organized government, or all forms
of law, or who advocates the assassination of public officials, or who
is a member of or affiliated with any or anization entertain.ing or
i.eaching disbelief in or opposition to org ized government, or who
advocates or teaches the duty, necessity, or propriety of the unlawful
assaulting or killing of any officer or offic rs, either of specific indi-
viduals or of officers generally, of the overnment of the United
States or of any other orgn.nized._governm nt, because of his or their
official character, to enter the United S ates, or who connives or
conspires with any pE>rson or persons to allow, procure, or permit
any such anarchist or person aforesaid o enter therein, shall be
deemed guilty of a felony, and on con vi tion thereof shnll be pun-
ished by a fine of not more than $5,000 o by imprisonment for not
Punishment.
more than five years, or both.
AJd.IDgentryofallei13 .An h kn · l 'ds · 1· h d
advocating destruction y person w o owmg y a.1 or ass1 s any a 1en w o a vacates
dtpropeny,etc.,amJs.. or teaches the unlawful destruction o:f pr to enter the United
States shall be deemed guilty of a. misd mor and on conviction
thereof shall be punished by a fine of n , mOL'e than $1,000, or by
imprisonment for not more than six mo ths, or by both such fuie
and imprisonment.-
SEc. 29. That the President of the U ited States is authorized,
mthorlzed.. in the name of the Government of the U ited States, to call, in hiS
· discretion, an international conference, t assemble at such point ns
may be agreed upon, or to send special co · ioners to any foreign
to be CQil-o country, for the of regUlating b international agt"eem.ent,
subject to the adVIce and consent of the S nate of the United States,
the immif.ation of aliens to the Unite States; of providing for
the mentu., moral, and physical exn.minati n of such aliens by Aineri-
can consuls or other officers of the Unite States Government at the
ports of embarkation, or elsewhere; of securing the assistance of
foreign Governments in their own territ ries to prevent the evasion
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 22 of 26
SIXTY-FOURTU CONGRESS. SEBs.II. Cn.2r· 895
of the laws of the. United States g6vArning immigr 1tion to the
United Stntes ;, of entering into internationol a n.s
mny be   tojrevent the immigration of. aliens w .o, 'under the
laws of the Unite States, aro ur may be excluded from entering
United States, and of reguluting any matt.ers :perta· ting to such .·.
immigration. · · · · · · · · · ·
SEo. 30. That tuere shall be maintained a division of information

Dlvl-
in the Buren u of Immigration; and the Secretary of Labor sf'.nll n In
pr-ovide such clerical nnd other assistance as may .be ecessary. · It
0
ua-
shnll be the duty of said division to promote n distribution Doty, etc..
of aliens admitted into the United States· nmong the s veral States
and Territories desirir.g Correspondence shall be had
with the proper offidu.Is of the States and Territories, ·a d said divi-
sion shall gather from all available sources. useful · ormation re-
garding the resources, products, and physical characte sties of en.ca
State and Territory
1
and shall publish such infm:matio in different
languages and distl"l.bute the publications among all a "ttecl aliens
at the immigrant stations of the United States and o such other
persons ns may desire the "iaaile. When any State or erritory up-
points and maintains an agent or agenw to represrnt it at any of Prlv:lleges allowed.
the immigrant statioru: of the United States, such agen sh.all, under
I-P.gulations prescribed by the Commissioner General of mmigration,
subject to the approval of the .Secretary of Labor, b ve access to
aliens who have been admitted to the United States fo · the purpose
nf presenting, either orally or in Wliting, the speCial inducements
offered by such State or Territory to_ nlien8 to settle· th rein. While tt tmmlgra-
on duty at any immigrant station such agents shall be all re ons.
the reg11lations prescribed by the Commissioner Genera of · gra-
tion, who, with the approval of. the Secretacy of :La or, may, ·for
of any such _deny t.o the agent uilty of such
v10latJ.on any of the privileges granted. · ·. · .
SEc. 31. Tltat any person, including the ag t, consignee,
or master of any vessel arriving in the United Sta from any
port or place, who shall lriiowingly sign On the hip's articles, ete.
or bnng to the United States as one of the crew of su h vesse1 any
alien, with intent to permit suc:a alien :',o land in the· nited states
in v!olnt.ion the In 'Ys and treaties of the United Sta regulating
the liDIDlgration o£ aliens, or who shall falsely and lmo ·mgly repte-
senG to the immigration authorities at the port of 11 . val that nny
such alien is a bona fide member o£ the shall e liable to a
penalt.y not exceeding $5,000, for which sum the sai vessel shall Libel proceedlnp.
be liable and may be seized and proceeded by a.y of libel in
any district court of the United States having juri iction of the
offense. · .
SEc. 32. That no alien excluded from admission in o the
States by any law, convention, 'lr treaty of tl}e Uni States regu- toiBDd.
]atinG" the iiJ:ur; igration Df ·aliens, and employed. on board any vessel
arrivmg in the United States from any foreign port 1 r place, shall
be permitt2d to land in the United States, except 'porarily for · Yedlcal tft:ltmentaJ-
medical treatment, or pursuant to prescnl>e by the Sec- lowed. ·
retn.ry of Labor providing for the ultiniate removal or eportation of
such alien from the United States, and the negligent 'ailure of the Pemiey rcr vfol:a..
owner, agent, consignee, or master of such vessel to de nin on board thms ..
any such alien after notice in writing by the immigra ion officer in
charge at the port of arrival, and to depot t: such alie , if required
by such immigration officer or by the Secretary of Lnbo , shall render
such vwner, ager.t, consignee, or master liabJa to a pe alty not ex-
ceeding $1,000, for which sum the said vessel shall be li tble, and may IJbd
be sened and J?roceeded against by way of libel in any district court
of the United States having jurisdiction of the offense.
I
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 23 of 26
896 SlXTY-FOUHTH CONGRERS. Sull:l.ll. Cu. 29. lf-11.' .
.   33. That it shnll he unlo.wfuliHlid bo dCC'iiiCd n violntiOIJ of the
tnwtut. preceding section to I?"Y off or discho.l'Sill un_y nlhm employed on board
nny vesrol arriving m t.he United frow uny forcigi1 port ('r
place, unless duly udmitted pursuant tlo the luws nmi of tlw
por- Unitt!d St.ntes regulating the of uliens, Provided, T!wt
mlttod. in cuso nny such.ulien mtends to resliip on boat·d uny other vr>ssel
hound to llny foreign port or plnce, shall be allowed to lund for
the purpose of so reshipping, under e(uch regulations ns the Secre-
tary of Lnbor mny prescribe to uliens not ndmissible under
any lnw, or trenty :from permanently in the
United Stntes
1
and may be paid off, :discharged, and permitted to
remove his effects, nnJ.thing in such or treaties or in this Act
Nouc., roquirod. to the contrary notwithstanding, protided due notice of such pro-
posed nction be given by the master ior the seaman himself to the
principal immigration officer in at the port of arriYal.
DoportDtlon or innd- SEa. 34. That any alien seaman shall land in a port of the
m I s s I b 1 0 s Ulegnlly u . d s h . . r f 1 . A h 11 b d d
lnoded. rute tates contrary tot e prov1sto s o t us ct s n e eeme
to be unlawfully in the United States
11
and shall, at any time within
three years thereafter, upon the of the Secretary of Labor,
be taken into custody and be ore a board of special inquiry
Exponses. for examination as to his s for admission to the United
States, and if not admitted said alierjt seaman shall be deported at
..ink, P· SQO. the expense of the appropriation for Act as provided m section
twenty of this Act.
Employing dtseased, SEa 35 That it shnll be unlawful fb. r any vessel car..-ulng pnssen-
• • '
vesScJswwmiui. gers between a port of the United and a port of a foreign
country, upon arrival in the United
1
States, to haYe on board em-
ployed thereon any alien nffiicted idiocy, imbecility, insanity,
epilepsy, tuberculosis in any form, loathsome or dangerous con-
ta&ious disease, if it appears to the of the Secretary of
Labor, from an examination made medical officer of the United
States Public Health Service, and is certified by such officer, that
any such alien was so affiicted at the t' e he was shipped or
and taken on board such vessel and tha the existence of such affiiction
might have been detected by means of a competent medical examina-
Fino!mpos&d. tion nt such time; and for every suchlalien so afflicted on board any
. such vessel at the time of arrival the otner, agent, consignee, or mas-
ter thereof shall pay to the collector f customs of the customs dis-
Detention ror treat- trict in which the port of arrival is loc lted the sum of $50, and pend-
ment. ing departure of the Yessel the alien s nil be detained und treated in
hospital under supervision of immigr tion officials at the expense of
Clearance withheld. the vessel; and no vessel shall be ranted clearance pending the
determination of the question of the ability to the payment of such
brouisf. to fine and while it remains unpaid: Pr vided, That clearance may be
secure granted prior to the determination of uch question upon the deposit
Remission or fino. of a sum sufficient to co'\"er such fine Provided further, That such
fine may, in the discretion of the Seer tary of Labor, be mitigated or
remitted. '
 

SEa. 36. That upon arrival of any vessel in the United States from
livered on arrlval rrom any foreign port or place it shall be lthe duty of the owner, agent,
abroad. consignee, or master thereof to deliv* to the principal immigration
Contents. officer i-rl charge· of the port of arriva lists containing the names of
all aliens employed on such vessel, st ting the positions they. respec-
tively hold in the ship's company,! when and where they were
I"espectively ship.J_)ed or engaged, and those to be paid off
and discharged m the port of arrival; or lists containing so much
of such information ns the Secretary of Labor shall by reaulntion
Dle[!'Jlly prescribe; and after the arrival of alny such vessel it shall be the
duty of such owner, agent, or master to report to such
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 24 of 26
SIXTY-FOURTH CONGRESS- SEBa.II .. 0J:I.20. 1917 . 897
. munigt'lltion officor, in writing, ns soon' as discovered, o.ll, cnses in
which nny such nlicn hns illegally landed froin the vessel, giving a
description of such nllen, together with any information likely to
!end to his llJ!prebeusion; nnd before the departure of any S\llcb vessel oororn dopar·
1t shall be t.he duty of such owner, agent, or to ContAmt.:J.
delivor to such immigration officer a further list the
. names of nil alien emJ>loyees who were not employed thereon at the
timo of tho arriYn.l 'but who will leave port thereon at time of
her- depttrtrre, and n.lso tho names of those·, if any, who bnve been
puid off and discharged, and of those, if any, who ho.ve, deserted Fin Imposed tor
1
or landed; and in case of tbe failure of ..such owner, agent, ra.uW:.
or muster so b deliver either of the so.id lists of such alien$ arriving
and de:pn.rting, respectively, or so to report such cases of desertion
or landing, such 'Jwner, agent, consignee, qr m11ster shall, if required
by the Secretary of Labor, pay to the collectQr of of the
customs district in which the port of nrriyal js loca,ted the sum of
$10 for each alien concerning whom coi.rect lists- are not delivered withhold.
or n. true report is not mad,e as n bove requit:ed; and no s\(lch vessel
shall be granted clearance the of question
of fhe liability to the payment of such fine, and, in the event such
fine is imposed, while it remains unpaid; nor shall such fine be remit- PrwL!o
ted or refunded: Pro''Viiled, That clearance mal. be granted _prior
1
Deposlt to securo
to the determination of such question upon deposit of a sum sufficient c eamnce.
to cover such fine. .
SEc. 37. That the word "person" as used in this Act shall be con- "Person," construed.
strued to import both ::plural and tP,e singular, as the case be, and c u tc
shall include corporations, companies, and associations. When con-  
struing and enforcing the provisions of tbis' Act, the . act, omission,
0
cers, agents, etc.
or :failure of any director, oip.cer, agent, or employee of any .corpora-
tion, company, or association acting wi,thin scope of his employ-
ment or office shall in evel'J. case be deen.ac'i to. be act, omission,
or failure of such corporatiOn, company, or assoCiatiOn, as well as
that of the person acting for or in behalf of such co;rporation, com-
pany, or association.
SEc. 38. That this Act, except as otherwise provided in section ID. effect May 1,1917.
· three, shall take e"ltect and be enforced on and after May 1lrst, nine- Lows repealed.
teen hundred and seventeen. The Act of March twenty-sU:th, nine- Vol. 311, p. 263.
teen hundred and ten, amending the Act of February twentieth,
nineteen hundred and seven, to regulate the immigration of aliens Vol.
34
, p. ll98.
into the United States; the Act of.
hundred and seven, to the nmmgrat1on of ahen$ mto the
United States, except section thirty-four thereof; the Act of March
third, nineteen hundred and three, to regulate the immi!Fation of
nliens into the United. States, except section thirty-four thereof; 1221.
and all other Acts and parts of are Prolli.w.
hereby :t:epen.led on after the.taking e:ffect of ·this Act: 'l'rovzded; Cblneseexclosionnot
That this Act shall not be construed to. repeal,.alter, or amend exist- affected. -
ing laws relating to the immigration or exclusion of Chine$e 12ersons
or persons of Chinese descent, except as provided in sectioill mneteen
hereof, nor to repeal, alter, or amend section six, chapter jfour hun-
dred and fifty-three, third session F"rlty-eighth Congress 'approved
February sixth, nineteen hundred and five, nor to repeal* alter, or Vol.
amend the Act approved Augu_st .second,. eighteen .hundred and 35, p. S&.
entitled ''An Act to regulate the o£ nassengers
by sen.," and amendments th.ereto, except as section eleven 1' c:Ung tt to.
hereof: Provided fu7'the7', That nothing contained in this Act shall ons,e '
be construed to affeet al?-y prosecution,


or any uct, thmg, or matter, civil or done or
existmg at the time of the taking e:ffect of this Act, exceptt as men-
918900-voL 39-Pr 1---57
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 25 of 26
898
P!WR&a by tho BollSO
ol RoplllStlnlllllves.
SIXTY-FOURTH CONGRESS. S1j.tJa. II. Cus. 20, 30. Hn 7.
tioned in the third proviso of section IJ/inetecn hereof; but us to aU
such prosecutions, suits, nctions, proceedings, nets, things, or matters,
the lu.ws or ptlrts of luws repealed or by this Act ure hereby
continued in fo1·ce and effect.
w.
MP CLA.mr,
Speaker oft te Hoose of Representatives.
· os. R. MARsHALL
Vice President qf the United States and
· President of the Senate.
IN THE HousE oF !REPRESENTATIVEs
THE UNITED STATEs.
' February 1, 1917.
The President of the United States aving returned to the House
of Representatives, in which it origina ed, the bill (H. R.l0384) "To
the of aliens to, .nd the residence of aliens int
the United States,
1
with hia objectio thereto, the House proceedea
in _pursuance of the Constitution to re onside.r the same ; and,
Resolved, That the said bill pass, t o thirds of the House of Rep-
resentatives agreeing to pass tlie
Attest: SoUTH TRIMBLE
Clerk.
IN THE SENATE OF THE UNITED STATES.
Februaxy 5, 1917.
atePassage by the Sen- The Senate having proceeded, in p ' uance of the CoDBtitution, to
· reconsider the bill (H. R. 10384) ent tled
11
An Act to regulate the
of aliens to, and the res dence of aliens in, the United
States," returned to the House of Re resentatives by the President
of the United States, with his objecti ns, and sent by the House of
Representatives to the Senate with . the message of the President
returning the bill, · I •
Resolved, That the bill do pass, twp-thirds of the Senate agreeing
to pass the same.
Attest: .TAMEs M. BAKER.
Secretary.
February 6
1
1917. CH.AP. 30.-.A.n Act Authorizing the estern New York and Pennsylvania
(S.
753
.] Railway Company to reconstruct, maintain, d operatG a bridge across the Allegheny
[Public, No. 302.] RiverJ m the town of Allegany, county of Ca ugus, New York.
Be it enacted by the Senate and B e of_ Repre8erdatives of the United
State8 of America in Congress assemb , That the Western New York
andPenns}lvaniaRail- and Pennsylvania Railway Compan , a railroad corp_oration orga.n-
  ized and existing under the laws oft eStates of New York and Penn-
A.lltgany, N. • sylvania, be, and it is hereby; auth rized to reconstruct, maintain
7
and operate a and appro!ah thereto across the Allegheny
· River, on the location of the exist· g structure and suitable to the
interests of navigation, in the to of .Allegany, county of Cat-
eoastrocuon. ta.raugus and State of New York, · accordance with the provisions
Vol.
34
• p.
84
• of the Act entitled "An Act to r ate the construction of bridges
over navigable waters," approved
1
March twenty-third, nineteep.
hundred and six. 1
Amandmant. SEo. 2. That the right to alter, 8Jllend, or repeal this Act is hereby
expressly reserved. I
Approved, February 6, 1917.
Case 5:13-cv-00982-OLG Document 25-6 Filed 11/22/13 Page 26 of 26







EXHIBIT 37
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 1 of 13
79 STA1'.] PUIJLIC LAW 69·236-0C1;. 3, 1965
Public Low 89-236
AN ACT
•J•o Ulllt>Utl the Inuulgrntlou nnd NntluaHllity Al·t, atud f1Jr .,uwr IIUr(II)Ht'H.
Be it enacted by tile Renflte and !Iou11e of ReJn'eJie1lfati•ve.ll of
lJnited of Am.erica in (}ong'l'eBIJ aNsembled, 'l'hnt section :lOI of
the ond Nationnlity Act (6G Stttt. 11n; 8 l'.H.C. l ltd)
he o.mende(J to read as follows :
"SEC. 201. (u.) Exclusive of speci.nl ianmigrnntH defined an section
lOI{n.) (27), and of the immediu.te relatives of Uuited Htates citizens
specified in subsection (b) of this sectiott, the num.lxn· of ttHeus who
may be issued immigrnnt visnsor· who muy otherwise ncquil·e the stutuH
of u.n alien hLwfully ndmitted to the United States fo1· permanent reHi-
dence, ot• who muy, pursuant tv sootion 203(a) (7) enter condit.ionally,
( i) shall not in any of the fit-ot three quarters of tlny tb(:td _yeur exceed
a total of 45,000 and (ii) shall not in any year ex:t"eea n total of
170,000.
"'(h) The •immediate r·e]ntives' l'efe1-red t.o in subseetion (a) of this
section shall mean the childt·e.n, spouses, u.nd J>nrents of u citizen of the
St11tes: Pt·o,vitled, That in the cuse of parents, Sllch citizen
must be at teo.st twenty-one years of uge. The immediate relatives
specified in this subsection who aro otherwise qualified fo1· admission
as immigruntssh1tiJ 00 !\.dtnitted o.s such, without to the numeri-
cal limitut ions in this Act.
"(c) During the period from .htly 1, Hl65., through June 1968,
the annual quota of any quota area shall be the snme as that which
existed for thn.t at•ea on June 30, 1965. The Sec.retary of State shall
not later t hnn on the sixtieth day immedin.tely following the date of
enactment of this subsection n.nd again on or before September I, Ul66,
and September I, 1961, determine and proclaim the amount of quotu
numbers which remain unused nt the end of the fiscal yetlr ending on
.June 30, 1965, June ao, 1966, nnd June 30, 1967, respectively, a.nd are
available foJ• distribution pm"Sunnt to subsectiou (d) of this section.
"(d) Q11otn. numbers not issued or otllerwise usmf during the pre-
vious fiscn 1 year, ns detennined in nccord11-nce wit.h subseet.ion (c)
hm·eof, shnll be transferred t(J nn immigration pool. Allocation of
llltmbe."B from the roo) and from national quotns shu.ll not togethel'
t>"e-eed in any fisca yena· t.he numerical Jimitn.tions in subsection (n)
of this section. The pool shn.ll be mnJe n.vni1nble to
immiga•nnts otherwise admissible u11der the ])l'ovisions of this Aet who
n.re unable to obt.nin prompt issuance of 11 visn due to
overHubscriptioll of their quotlls, or snbquotus us detennined by the
Heca·etnry of Stttte. Visns n,nd eonditionn}   shull be alJocnted
from irnmigl'lltion pool ·within t.he • limitations ond in
the urdea· of JJriol'ity Hped fl('d in "!edion 20::1 Wlthout regtu·d to the
quot.tL to ·whic a the ulien ia •
44
(e) The poHl und tl1e quotas of quotn. tu·ens slmll
.Juno 00, 1908. Thereu ftN· imru nclrniABihle undcw
the proviHions of tb:is Act wtw n.re subjeC't to tlw Hmitn.t,ionA
of rmbooction (n) of this Re.c·Hon slUL11 be ltdmitted in • with
the ,vet•etmtage limitn.t.ions and in the ot•der of prim·ity specified in
sectaon 203."
Sro. 2. SootifJn 9.02 of tlae Immigration nnd Nu.tionnlity Act (60
Stn.t. 1"'/.U· 8 U.S.C. 1152) is amended to •·ead nFJ follows:
U(a.) No pot•sou ahnll receive. any p1·efel't pa·iorjty or be dis-
criminated against in the ieeuance of an immigrant visn been use of hie
l'ncei sexJ. nntionality. p)nce ol birth
1
or plara o:f • exceJ,t as
AfleO ficf.LIIy provided in section 101\a) (27')1 section 20l(bh and soo-
hon 203 P-r01Jidei, Tho.t the toto.l number oJ immig1•unt visas and the
911
Octoluer J. 1965
(H. R. 2580)
ImmisraHon
Act,
nr'tle n<lmll'-nt s.
Po" r, p. 9 Hi.
04
lmmedlot<." reln-
t iVP 5
1

Jl'or"'llotf1 1!1.\nte•,
Nt.unl!lf'lcnl Hrnl•
tnt1on11,
P• 916,
Po,. I, P• 91:2,
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 2 of 13
912
Intra.
Po,t, P• 916.
Ante. p. !J ll.
Vl••••
lion,
PUULIC LAW 89·236-0C'l'. 3, 1965
nutnbea• o:l conditionnl entries made nvnilablo to ntttives ot auay aingle
foreign etn.te under p.._raga·llphs ( 1) tht"ough ( 8) of section 203 (
aba.ll not: 20,000 111 uny fiscal ye11r: P1•o-uli1ecl/1l'i•tlte'1'
1
'l'ha.t the
fot•egoing proviso slmll not. opernte to reduce the number of bmni·
gt•ttnts wlto mny be admitted undm• tho quota of nny quota. nrAn befo1·e
,June 80, 1068.
"(b) Each independent country, self··govel'ning dominion, tnlnl-
dfl.ted tet•ritot•y, n-nu tel't'itory undet• the interuntionul trusteeship sys-
tem of the Un"Jted Nations, other than the United States and its outly·
ing possessions shall be treated ns a foreign state for tbt-
pttl'(>Qses of the numerieu.l limitation set forth in the proviso to sub
Hectton ( o.) of this section when approved by t.he Sect·etn.ry of State.
A 11 other inhabited ln.nds sha11 be attributed to ll foreign stnte specified
by tlte Secretary of For the pun>oses of this Act the foreign
state to which an immigrant is chn.rgen.ble s11all be determined by birth
within such foreign state except that (1) nn alien child, when accom-
panied by ltis aben or parents, may be charged to the snme
foreign st.ate ns the accompnnymg pat•ent or ot either
p'L:rent if such parent hn.s 1·ece1ved or would be qualified for an immt-
grant visa, if necessary to prevent the separation of tbe child from the
uccompanying parent or parents, and if tlle foreign state to which such
pa.rent has been or would be chargeable has not exceeded the numerical
1 imitn.t.ion set forth in the proviso to subsection (a) of this section for
t.bat. fiscal yen.r; ( 2) if an alien is chargeable to a different foreign
state from that of h1s accompanying spouse, the foreign state to which
s11ch a1ien is chargeable mny, if necessary to prevent the separation of
husband a.nd wife be determined by the foreign state of the n.ccom-
pnn,Ying spouse, (j such spouse has received or would be qualified for
nn Immigrant vistt. and if the foreign state to which sucli spouse hns
hP..en or would be chargeable has not exceeded the numerical limita-
tion set forth in the proviso to subsection (a) of this section for that
fiscal Y.ear • ( 3) an a Hen box-n in the United States shall be con!;idered
ns having been born in the country of which he is n. citizen ol' subject,
or if he is not a citizon or subject ol n.uy country then in the last
foreign country in wl1ich he had his re.sideJice as determined by the
consulmr officer; (4) an alien bo1•n within o.ny foreign state in which
neither of his parents was bont and in which neither of his parents
had a. t•esidence ut the time of such n.1 ien 's birth may be charged to the
foreign stnt.e of either parent.
"(c) Any immiqrant born in a colony or other component or depend-
ent. area of B fore1gn state unless a special iuunil.(rnnt as provided in
.;eetion 101 ( (27) or an immedinte relative of a United States citizen
specified in section 201 (b), shall oo chat·geab1e, for the purpose of
Jimitat.ion set forth in section 202( a), to the fot•cign state, except tlmt
the number of persons hom in any such colony or other component or
tlependent nren overseas from t.he foreign state to the
cign stnte in any one fiscn.l year sl•n11 not exceed 1 per centum of the
mnx:imum number of immigrant visas avo.iln.ble to such foreign state.
"(d) In the of BJ!Y Clut.uge in the territol'inl limits of foreign
Hto.tE"s, the Secretary of State shn11. upon reeognition of such change
lssuo inst.J•uctiollB to nll diplomatic and consulnr offices.';
Sr.c. 3. Section 203 of the Imtnigt•ation rntd Nationality Act. (66
Stnt. 11lS; 8 U.S.C. 1tiS3) ig nmendeil to ren.d as followa:
HSEo. 2011. ( u.) Aliena who ttre subtect to the numeril'lll 1hnitn.tione
Kpacifled in sectioh 201 (a) ahnll be nilotted visne or their comlitionul
entry   aM tlte M.Be tnn.y
•• ( t) Visne shn II oo flrst made avo.ilttble, in a n11mber not to e1rcooc.l
20 per centtttn of tlte number spedRcd in section 201 (a) (ii) t to
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 3 of 13
79 PUDLIC LAW 89-236-0CT. a, 1965
quo.lified ihlmig_!"RJJts ,.,,.ho n.re the unmarried sons ot• daughters of
citizens of the United Sto.tes.
u(2) VisnfJ slln.ll next be nan.de avR.ilahle, iu: n number not to exceed
20 per centum of the number specified in section 201 (n.) (ii}, plus nny
visas 11ot required for the classes specified in }Jarngraph ( 1), to qunh-
tied immigrants who arc the spouses, unmnrl'ied sons o1· unmn.rried
daughters of nn alien lo.wfuiJy udm itterl for perrnnnent residence.
"(3) Visas shall next be made av11iln.ble, in t\ number not to exceed
10 per centum of the number specified in section 201(a} (ii), to quuli-
fied immigrants who are memliet·s of the professions, or who bec11use
of their exceptional ability in t.he sciences ot· the nrts ,.,.in substnntiu.lly
'benefit prospectivtely the nutionul economy, cultural int-et·ests, or
we]fn.re of the United States.
" ( 4) Visas shuJI next be mnde nvai)u.ble, in ll numbPr not to exceed
10 per centum of the number specified in sectioh 20l(u) (ii), plus nuv
visus not for the c1usses specified in ptlrugruphs ( l) t.hrou•rh
(3), to qunhfied immigrtlnts who nre the nmrried sons m· the
daughters of citize11s of the United Stntes.
" ( 5) Vi:stts shull next be made avnilnble, in ll nun1uer not to ex•:eed
2"! per centum. of the number Jn 201 ( u) ( ii), plus nny
v1sus not requued for the cJns.ses specified m paragraphs ( 1) through
( 4), to qun.lified im•nigrunts who nre the brdthers or sisters of citizens
of the rnited States.
''(6) Visas shull next be m1tde n\·nihtble, in ll number not to exC'eed
10 per eentum of the number specified in section 201 (u) ( ii), to quali-
fied immigrants who 1tre CllJ>tl.ble <>f performing specified sk11led o•· un-
skilled ltLbor, not of a temporo.ry or seusonul for which n short-
nge of emploru..ule 11ncl willing pez"Sorls exists in the United Stutes.
'' ( 7) Cond1t ionnl entries shull next be mnue u.vnilnble by the
J1ey pursunnt to stlch regulatt ions as he ma.y prescribe uud in
n number not to exceed 6 per centum of the number spe('ified in sect ion
(u) (ii), to uliens who satisfy 11.11 Immigrntion nnd Naturnliz1ttiou
Sen·ke oflice1· 1\'f tUl exntntnn.t.ion in amy non-Communist or non·Com-
munist-domitmted country, (A) that ( i) because of )'eJoec:ut iou or fenr
of perseeution on neeount of race, religion, or J>ohticnl opinion they
hnve fled (I) f1·om nny Conununist or eountry
or urea, m· (II) from n.ny country within the gener·ul arel\ of the J\1 jd.
die n.nd (ii) nre ua1thle ot- unwilljug<to retun1 to sueh ('Otmtr.Y or
ureu. on lU'<'otillt of rnce, reHgion, or fJOlitacul opinion, n.nd (iii) nrH not
tu\t.ionnJs of the C'Olmh·ics or ureas in which their nJ,plieu.tion for f'OH-
ditimmJ en'try is or (B) thnt they IU'e per::;ons U(Jrooted by
("l•.tn.strophic: nnturnl (•ulnmity us defined by rthe whn tLre
unn.ble to •·eturn to their usw11 plnce of 1tf, Hie. J4"'m· the pm·pose of the
foreg;oing the term 'J!Pnernl of the Middle me,'.llB the tlre'"
hetwP..en nnd indmlinp; (1) l....ihytL on the Turkev on the
ncwth, (3) PtLkisto.n on the euBt, nnd (4) Srllldi Arabia. und Et.hiopiPo
!m the south: P'ra·u;ded, Thnt   ':isus in n number not
m,r nnc-hulf number spee1fim m pm·ltgru{>h mny be mnde
f\\'11 iln.hle, in lieu of of n him nnm Jer
4
1.o Htwh 1tli(>nH
wl1o been c·ottt.inuollfdy physi<'ally in the 1Tnilf('d Statc•s
for n pel'iod of 11l lensl two yeua·s prior to applJcndon for udjm;fmNlt
of stntus.
" ( 8) Visas u.uthorized in any fiscul year, leas those required for is·
Btan.n<'e to t.he cl RHSCB in pllrngrn )Jhs ( 1) th rougJ 1 ( 0 ) n nd
the number of condit10nt\l cmtries n.nd vnmA mode nvttilnble purRun.ut
to parogrn.ph (7) shall be mll(le avnilnb1e t.o (JUn.lified
strictly in the chronological ()relet· in which they quulify. Wnit-
mg Jist.s of npplic.nnls shn.ll be mnintn.ined in n(•cordnnce with reguln-
tions prescrilied by the Secret.ary of Stn.te. No immigrunt vis11 Hhu1J be
Anle, p. 911.
Conditional
.. ntrles,
913
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 4 of 13
914
66 Stat. Ui6J
71 Stlat. 539.
e usc a tot.
Poat, p. 915.
Post, P• 9 16,
P• 9 ll.
to C::on-
llreae.
I UBC U25 ..
&221,
PUBLIC LAW 89·236-0CT. a, 1965
(19 STAT,
issued to a nonpre:ference immigrant under this paragraph, or to 11n
innnigt:unt wit.li a preference under parugmph (3) or (6) of tlais
subsectionJ until the consu]ar officer is in receipt of n. detennination
made by t.ne Secretary of Labor pursuant to tl1e provisions of section
212(a) (14).
"(9) A spouse or cl•ild o.s clefined in section tot (b) (1) (A}, (B),
(C), (D), or (E) sbal1
1
if not otberwise entitled to an imm1gra.nt
etatus and the immediate issunnce of a "Visa or to conditionn.l entry
under puragmpha (1) through (8), be entitled to the same sto.tus
and the same order of consideration provided in subsection (b),
accomranying, or following to join, his spouse or parent.
"{b In considering applications for Immigrant visas under
sect1on (a.) consideration shall be given to applicants in the order
in whieh tlle elasses of which they are men1bers are listed in subsection
(a.J(e) Immiw;o.nt visas issued pursuRJlt to (1) through
( 6) of subsection (a) shall be Issued to eligible immigrnnts in the
order in which o. pet1tion in behalf of each such inunigro.nt is filed
with the Attorney General as provided in section 204.
" (d) Every immigrant shall be presumed to be o. non preference
immigrant until he establishes to the satisfaction of the consular officer
nnd the immigration ofticer that he is entitled to a preference status
under paragraphs (1) through (1) of subsection (a), or to a specinl
immigrant status under section lOl(a) (27), or that he is an immediate
relative of a United States citizen as B}!OOified in section 201 (b). In
the case of any alien claiming in his application for o.n immigrant visa
to be an immediate relative of a United States citizen as specified in
section 201(b) or to be entitled to preferenoo immigrant status under
paragraphs (1) through (6) of subsection (a), the consular officer
shall not grant such status until he has been authorized to do so as
provided by section 204.
''(e) For the purposes of cari'Ying out his responsibiiities in the
orderly administration of this section, the Secretary of State is author:-
ized to make reasonable estimates of the numbers of visas
to be issued du:ring any quarter of any fiscal year wit"hin each of the
cntep:ories of subsection ( n.), and to rely upon such e.c;timutes in author-
the issuance of such visas. The SecretaJ"y of State, in his dis-
l"retaon, may terminate the registration 00 R wait.ing list of any alien
who faiJs to evidence his continued intention t.o apply for a. visa in
sucl1 manner as mny be by regulation prescribed.
"(f) The Attorney General shall submit. to the a report
containing complete and detailed statement of :facts in the case of
each alien who conditionally entered the United States pursuant to
subsection (a) (1) of tl1is section. Such reports shall be submitted on
or before Jnnunry 15 and June 15 of each yenr.
"(g) Any alien who conditionally entered the Unit.ed States as a
-refugee, purstu..nt to subsection ( n.) (7) of this section, whose con-
ditional entry lute not. been terminated by the Attomey Genernl pur-
suant to such regulations ns he mo.y prescribe, who has been in the
United Stntee for nt lenst. two years, and who has not acquired permn·
nent, residence, shall forthwith ret.urn or be retl1rned to cmstody of
the Immigration and Nnturnlizntion ServiM nnd shoJI thereupon be
inspected and examined for nclmiAsion into t.he United States, nnd his
case den1t with tn accordance with the 1•rovisione of eootionR 231S, 238
1
tmd 231 o-f t1tl8 Act.
,.(h) Any atfen wbo
1
pttrFUtnnt. to eubsC!ct.ion (g) of this   jg
lonnd, upon tnspection bv the fmmigratton officer or nfter hea1•ing
before 0. apeciBl inquiry omcer, to 00 ndtnlssible Off fth immigrant tJnder
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 5 of 13
79 S'J'A't,) PUBLIC ·LAW 89-236-0CT.. 3, 1965
this .Act at tl1e time of his inspection and exaunhmtion, except for the
fnct that lte was not and is not in possession of the documents
915
bf. section 212 (a) (20), ebnll be regu.rded as lnwfuJly admitted to the  




I 11ited Stn.tes for perrnn.nctat residence ns of the dtlte of his nrrivnl." ·
SEc. 4. Section 204 of the lmmiga·ntion and Nationality Act (66 Preference or
Stut. 170; 8 U.S.C. llo4) is amended to retld as fol1ows: r .. latlve
•'Sro. 204. ( o.) At1y catizen of the Uuited St.o.tes claiming t.hat an
n.lien is entitled to a status by J•ea.son of the relationships
described in pnrnga·aphs ( 1), ( 4), or ( 5) of section 203 ( n.), or to an Ante, P·
91
7.
immediate relu.tive status under section 201(b), or any alien lawfully Art, .. ,.,.
911

admitted for permanent residence clairnin_g thnt n.n alien is entitled
too. prefe1·ence status by reason of the relationship in section
203(.a.) (2), or an,y alien desiring to be classified usn p1•eferenc.e immi-
grant under section 203(a) (3) (or nny person on behn.lf of such nn
alien), or any person desiring and intending to employ \Yithin the
United States an alien entitled to cln.ssificntiou 11S a preference immi.-
under section 203(a) (6), mnv file a petition with the Attorney
ueneral for such petition shaH be in such fonu
lLS the Attorney General L .y by regult,tions prescribe and shaH con-
tain sueh information and be supported by such documentary eYi-
dence as the Attorney General mnv req_uire. The petition shnll be
made under administered by ·any _1ndi vidual hn ving authority
to administer oaths, if executed in the United States, but, if executed
outside the {Tnited administered by a consular officer or nn
immigration officer. •
(b) After au investigation of the facts in each case, and after
('onsultation with the Secreta.t'Y of Labor with respect to J>etitions to
accord a status under section 203(a) (3) or (6)
1
the Attorney General
if he determines that the facts stated in the petition are true and
that tlte alien in behalf of whom tbe ,tletition is made is an immediate
r£-lnti ve specified i11 section 201 (b) or lS eligible for a status
under section 203 (a), approve the petition and forward one copy
thereof to tbe Department of State. The Secretary of State shall
then authorize the consular officer concerned to grant the preference
stntus.
"(c) Notwithstanding the pt·ovisions of subsection (b) no more
than two petitions may be approved for one petitioner in behalf of a ·
ehild us defined in sootion 101 (b) (l) (E) or (F) unless necessary toP
1
t,
J>revent the separation of brothers and sisters and no petition shall be
05
' P· ·
approved if the alien has previously been o.cc( .. nonquota or pref-
erence status as the spouse of n citizen of L · nited States or the
Flpouse of on alien lawfully admitted for permanent residence, by
'reason of a determined by the Attorney Genern.l to ho.ve
bPCn entered into for the purpose of evading the immigration Jaws.
" (d) The AUomey Genera] shall forward to the Cong-ress n •·eport Report to Con-
nn ea1eh npJ)roved petition for immigrant status under sections 203(a) ar.,-..
(3) or 20!l(a) (6) stnting the basis for his npprovn] and such fo.cts as
were by him deemed to he pe1·t inent in establishing the benefidary's
qua 1i fil'tLt ions for t.hr preferent.iul stat us. Sue• h reports shall be suh-
ntitted to the on t1Je o.nd fifteenth dny of euch caiendnr
month in whit•h the ConJtress iH in
Nothing- in this scet.ion shn.H be coustnaed to eJJt.itle a.n inuni-
in beJmJf of whom n. pet.ition under this RCction is approved,
to enter the Unit.ed At11.tes as n. f>re(erence immigrant undor seclion
203 (n) or ns n.n roln.t.ive urtder 201 (b) if upon ll'ia
urrival nt n port of enh·y in the United State8 he is tound not to be
ent it 1ed to such (' lnRSi flcnt ion:'
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 6 of 13
916
P•tltlcut••
Approval revo-
caUc:lll.
Ante, p. 9 15.
66 Stat. 198.
8 usc 122'5,
12:16.
"Special tmml-
jl!'ant. ••
Posl, p. 917.
116 Stot. 246,
8 USC 14JS.
1438.
PUBLIC LAW   a. 1965
[79 STA'r.
Sr.v. 6. Secliiott 201S of tho Immigra.tion and Nntl()lla.lity Act (66
Stat .• 116; 8 U .s.c, t:Uili) is untended to 1-eo.d os folJows:
''Szo. 005. '.l'he Attorney 9eneru.l tnay, at nny time, for 'vhu.t bu
dooms to be good nnd suffietent ·oovoke the opprovol of any
tJetition approved by hint under section 2CJ.I. Such •·evocation Bbnll
be effoot.i ve us of the dnte of npprovnl of any suclL petition. In no
case, however, shadl such re\·ocatton hRve effect. unless there is mailed
to the petitioner's )nsf. known address n. notice of the revocation and
unless of the :revooution is communicated through the Sooretu.ry
of Stttte to the beneficimry of the petition before such beneficiary cotn-
mellces his joumey to tlie United States. If notice of revocation is
not so given, nnd the beneficiary applies for admission to the United
Stn.tes, l1is admissibility slln.ll be determined iu tlte mnl1ner provided
for by sect.ions 235 n.ud 236."
S:&c. 6. Section 20U of t11e lmmig!'ation and N ntionn.lity Act ( 66
Stat. 181; 8 U.S.C. 111;6) is amended to read as follows:
''SEc. 206. If on immigrant. htt '\ting an immigrunt viso. is exduded
from admission to the United States and deported, or docs not RP.ply
for admissio11 before the expimtion of the vnli .. of his visn, or 1f an
nlien hnving an im:anigrnnt "\?i:sn. issued to him n.s a preference
gnmt is fouud not to be a preferenee immigmut
1
an immigrant "·isn.
or a preference immigrant visa, ns the cnse may oo, m11y be issued in
lieu thereof to nnotherqun.lified alien."
SEc. 7. Section 207 of the lmmigrn.tion and Nationality Aet ( 66
Stat. 181; 8 U.S.C.1157) is stricken.
SEc. 8. Section 101 of the Immigration and Nationality Act (66
Stat. 1 fl6 ; 8 U .S.C. 1101) is amended as follows:
(a) Paragraph (27) of subsection (a) is nmended to read as fol-
lows:
'
4
(21) The term 'special immigmnt'"means-
"(A) nn immigrnnt who WllS born in any independent foreigrt
country of the Western Hemisphere or i11 the Cu.nal Zone and
the spouse nnd children of any such immigrant, if o.-ccomrnnying.,
or following to join him: Pr011ided, That no immigrant visa shall
be issued pursu11nt to this clouse unt.iJ the consular officer is in
receipt of a det4:!rrninntion mnde by the Secretary of J .. nbor pur-
suant to the provisions of section 212( o.) ( 14-);
"(B) nn immigrant, )awfully admitted for permnnent resi-
dence who is returning from a temporl\.ry visit n.brond;
"(C) on immigrant who "'ns n. citi2Pn of the United Stutes
Bnd mny, under section 324(a) or 327 of title III, n.pply for J•enc-
qnisition of citizenship;
"(D) (i) nn who continuouslv for least two .YellJ'S
immediately precedmg the time of his application fot· ndm1ssion
to t1te United States hn.s been, nnd who seeks to enter the United
Stutes so1e1y for thP pnrpnse of currying on the vocation of min-
ister of n rnli_gious denominntiou, nnd l\·bo::;c services vre llPt>ded
by surh re1ig10us denominn.tion hnving n bonn firlP orgnniztttion
in the United Stntes i nnd ( ii) the spouse or the ehild of n ny stwh
immigrant. if or foiJowing to join him i. or·
"(E) Bn irumi,:truut who is nn employee, or tm 10nornbly
rPtired former employee, of the l1nited Stntes nh•·ond,
nnd who hns performed fnit.hful sPrvice for fl. totnl of yem-s,
or more, u11d l1is nccompnnying spouse nnd • Prmdtletl.,
1'hnt tho principal of '" tt•oJ•eib'll 8ervi4'!e (lstnblisltrn('nt, in
c!iscretion, sbnll hnve .tlte tJf
status to such nh«!u in ctrcu!'lstnnooH unci
the Sec.rotury of Stntc nptJrOl'CR Anch reconamendnhon und finds
thnt it in the nntionn mwreat to g:a·nut such status.''
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 7 of 13
19 STAT,]
PUBLIC LAW 89--236-0CT. 3, 1965
(b) Paragraph (32) of subsection (n) is amended to ren<l os
follows:
917
''(32) 'l:'be term 'profession' sbn.ll include but not be limited to "l>rQre .. ton.••
architects, engineerst l&wyers, physicians, and teachers in
elementncy or seconao.ry scbools
1
colh,ges, ucadeJnics, or seminaries."
(c) Subpnrogt·nph (1) (F) ot subsection (b) is amended to rend

osloUows:
" (F) o. child, under the age of fourteen nt the time o. petition
is filed in his behalf to o.ccord o. classification n.s nn immediate
reln.tive under section 201 (b), wbo is an orphaut beca.uoo of the Ante, P•
9 11

death or disappearance of, nba.ndonment or desertion by, or sepa-
ration or loss from, both parents
1
Qr for whorn the sole or surviv-
ing parent is incapable of :providmg the proper care which will be
provided the child if admitted to the United States and who has
m writing irA"evooably the child for emigrtltion and
n.doption1 who has been adopted abroad by a Vnited States citi-
zen o.nd llis spouse who personally saw o.nd observed the child
prior to or duri11g the adoption proceed or who is coming to
United States for adoption by a Un1ted States citizen and
syouse who have complied with the prea.doption requirements,
i any, of the residence; Prm:lded, That no
natural parent or prior adoptive parent of any such child sllall
thereafter, by virtue of such parentage, be accorded any right,
privilege, or status under this Act."
SEc. 9. Section 211 of the Immigration and Nationality Act (66 Doc-urn.,.nt .. ry
Stat. 181; 8 U.S.C. 1181) is amended to rend as follows: require-m..,ms.
"SEC. 211. (a) Exeept as provided in subsection (b) no immigru.nt
shaJJ be admitted into the United unless at the time of applica-
tion for admission he (1) has o. valid unexpired immigro.nt VlSU. or
was born to the issuance of such visa of tile accompanying
parent, and (2) presents a valid unexph-ecl passport or other suit.ttble
tra-vel document, or document of identity and no.tionn.Hty, if such
document is required under the regulations issued by the Attorney
Generu.l. With respect to immigrants to be admittf.'d under quot1\s
of quota nreas prior to June 80, 1968, no imn1igrunt visa shall be
deen1ed valid unless the is properly chargeable to the quot tL
area under the quota of wh1ch the visa is Issued.
Notwithstanding the provisions of section 212(n) (20) of this Waiver
Act in such cases or in such classes of cn.ses and under such conditions authority.
as may be by rebrulations prescribed returning resident immigrants,
defined in section lOI(o.) (B), wl10 are otherwise lUbnissible mny
be to the United by the Attorney Genernl in his
discretiQu without being required to obtllin o. passport, immigrant
dsu, reent1·,y permit or
SF.c. 10. Section 212( 11) of the Immigration nnd Nution11lity ... \ct
( fJH Htnt. 182; 8 U.S.C. 1182) is amended ns follows:
( {L) Pnrngrapl1 ( 14) is am("nded to rend as
"Aliens seeking to enter the United States, purfosc of per-
forming skilled or unski110<.1 lu.hor, unlt's.c; tlw o l .. nbor hns
determined and certified to the Secretary of Stn.te nnd to the Attorney
(ftmernl thu.t (A) there nre not workers in the rnited StntPS
who 11re willingi qunHfied, nnd nvniluhle at the time of n.ppliel\·
1 ion for n isn nnd m iH!'lion ·to th" l Tnitecl St nics n.nd 11t. the plnee w
which the nlien is destined to porfoi'Jn Ruch Hkil1ed or 1nbor,
ltnd ( ll) the en•pl,yment of snch n.liena will not afF"<'l the
nnd working conditiQns of the worken1 in tTnited
Skill'"d or un-
Bkllled laborers.
Admlssl<>n •on-
dHione.
simt1Br1y employed. 'rhf'< exclusion of aliens tmder thiu  
shall u.pply to S)Jecial immigrants defined in f:eOt ion 101 ( lL) { -.!.7) (A) Ante-, v. <) tr..
(other· tlmn the pnrents, spouac9, or· d1ildren of Pnited Stntes

Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 8 of 13
PIS
6& l!ltat. 183.
8 USC tlU.
A.lte, P• 916,
8 usc 120&,
8 usc l::Z02.
8 usc &:204.
8 usc 1251.
8 usc 1253.

euapenalon,
Ante. p. 911.
of
•tatua.
71 f!lt•t. 699.
PUBLIC LAW 89-236-oCT. a. 1965 [79 STAT.
or lawfuUy admitted to the United States for permllt1ent rcsi·
dence)t to preference muuigrant .described \n 203(a)
"( 3) and ( 6) t and to non preference umnigt'titlt. n.bebS des<:rlbed in
section 203(aJ (8) ;
1
'.
· {b) (20) is amended by: deleting the letter ''(e)"
and substituting therelo!' the letter"(a)". .. ·
(c) Paragraph (21) IS amended by delt!tmg the word "quota''·
(d) Paragraph (24) is amended by deleting the
wi'ihtn the parentheses nnd substituting therefor the follow
"other than Rliens described in section 101 (a) (27) (A) and (B). '
SEc. 11. Tho Inunlgration and Nationality Ac;:t (66 StRt. 175.; 8
U.S.C. 1151) is amended as follows:
(a) Section 22l{a) is amended by deletin.g- the words par-
ticular in whic}1 tl!e is classifiea, if
a. nonquota 1mnugrant," and subsbtutlng_tn beu thereof the words
"the preference, nonpreference, immediate relative, or special
classification to which the alien is charged."
{b 1 The fourth sentence of &ubseetion 221 (c) is amended by
the word   preceding the word "number;" the
word quota" preee the word ··-y«!ar;" and the words "o.
quota" precedirig the word "immigrant,'' and·substituting in lieu
thereof the word "nnn.
(c) Section 222(a) is amended by dele-ting the words ''pref-
erence quot& or a nonquota.   and substituting in lieu
thereof the words "an immediate relative within the meaning of
section 201 (b) or a preference or special itnmigrant".
(d) Section 224 ts amended to read as foUows: "A consular
officer may, subject to the ]imitations provided in section 221, issue
an inunigrant visa. to a special immlg'!'ant or immedio.te relntive
ns such upon satisfactory proof, under regulations prescribed
under this that the o.pplico11nt is entitled to specio.l1mmigrant
or immediate relative status."
(e) Section 241 (a) (10) is amended by substituting for the
words ''Section lOl(a) (27) (C)" tbe wonls "Section 10l(o.) (27)
(A)".
(f) Section 243(h) is o.rnended by striking out "physical per.;e..
cution" and inserting in lieu thereof "persecution on ncoount of
rnce, religion, or political opinion".
SEc. 12. SeCtion 244 of th0 Immigration and Na.tionality Act (66
Stat. 214; 8 U.S.C. 1254) is amended as follows:
Subsootion (d) is amended to read:
' (d) Upon the c.ancellntion of depertn.tion in the case of nny alien
under t.his section, the Attorney General shall record the alien's"lawful
admission for permBnent residence as of the dnte the cancellation of
of such nlien is made, and unless the o.1ien is entitled to a
special immigrant classification under sef'.tion lOl(a) (27) (A), or is
an immediate relative within the meaning of section 201(b) tlte Sec-
retary of State shn.ll reduce by one the number of nonpreference
immigrant visas authori:z:ed to be issued undel' section 203(a) (8) for
tlte fi9cal year then current." .
(b) Subsection (f) is amended by inserting after the
"entered the Unitoo StatEs as a crewma11 '' the Iangunge "subsequent
to .June 30, 1964 ;''.
SEC. 13. Section 241S of the nnd Nationality Act (66
Stnt. 211 i 8 U.S.O. 1265) is amended as follows:
(a) Suooection (b) is amended to nond :
"(b) Upon the npproval of nn applicAtion for R(ljustment anade
under subSection (n), the Attorney eba11 the nlien'y
)awful admission for )M'!rmanent residence as of the date the order ot
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 9 of 13
79 STAT.] PUBLIC LAW 89·236-0CT.. 3, 1965
the Attorney General approving the o._pplication for the adjustment
of statU& is n1ade, and the Secretary of-State shall reduce by one the
number of the preference or nonpooference visas nutl1orized to be
issued under section 203(a) within the clnss to which tl1e u.lion is """'e· P·
9
1
2

chargeable, for tho fiscal year then current.''
Subsection (c) is o.mended to read: n sts•. !i99.
'(c) The provisions of this seetion sho.JJ not be applicable to any
8
usc 1:1ss.
alien who is a native of au.y country of the Western Hemisphere or
of any adjacent island no.med in section lOl(b) {6).''
Sr.c. 1-l. Sect.it>n 281 of the Immigration Blld :Nationality .Act (66 Fen,
Stat. 280; 8 U.S.C. 1351) is ablended as foUowe:
(a) Immediately after "SEO. 281." insert "(o.) ";
(b) Pu.rab"l'R_Ph ( 6) is amended to read as folfows:
.. ( 6) For tilwg w1th the Attorney General of eiiCh pPtition under
sectloil 204 w1d section 214(c), $10,· and",· Ante, p. 915,
8 usc 1184.
(c) The following is inserted after paragraph (1), and is desigo.n.ted
subsection (b) :
• (b) The tirue and mnnner of payment. of the fees specified in para-
graphs ( 1 ) a11d ( 2) of subsection ( n) Qf this section, including but
not lin1ited to part ull deposit. or prepayment at the time of registra-
shall be prescribed by the Secretary of State."; and
(d) The parngnlph be.ginuing with the words "The fees • ,.. •" is
designated subsection (c).
SEc. 1.5. (a) Pantgmph (I) of section 212(a) of the Immigration
1llld Nationnhty Act (6{) Stat. 182; 8 U.S.C. 1182(o.)(l}) is amended
by deleting the lanfl:age '-'feebleminded" and inserting the
.. mentally rettJ.rded" in its place.
(h) Pa1-ugraph (4) of section 212(a) 0of the Immigration and
Nationality Act (66 Stat. 182; 8 U.S.C. 1182(a)(4)} is a1.t1ended by
flelt'tiiag the "epilepsy'' and substituting the words "or sexual
(le\-·iation''.
(c) Sections 212 (f}, (g), o.nd (h) of the Immigrn.tion o.nd Nation-
nlity Ad, tlS added by the Act of September 26, 1961 (75 Stat. 6M,
655; 8 U.S.C. 1182), are hereby redesignated sections 212 (g), (h),
and ( i), a.nd section 212 (g) as so l"OOesigna.ted is amended
by inserting before the words "afllict-ed with tuberculosis in any fonn"
the fo11owmg: is excludable from the United States under
(1) of subsection (n) of this section, or any and
by adding ad the end of such subsection the following sentence: "Any


nlien exl'ludnble under paragraph (3) of subsection (a) of this seetion condlUons.
l>e,:uuse of past history of mental illne.o;;s who has one of the same
family relnt.ionships a.s an prescribed in this subsection for aliens
nfflicted with and whom the Surgeon General of the
rn ited Stat'*:; Public HeaJth Service finds to have been free of such
mentl,] illness for n period of time sufficient in the light of such history
to dt"'monstrnte recovery shnll hP eligible for 11 visa In accordance witJ1
the tenns of t.bis snl-: ,ection."
SEr. 16. Section, 1, 2, nnd 11 of the Act of .July 14, 1960 (74 Stat. R.,peal.
t'"J04-50o). ns omf'nded i.Jy section 6 of the Act of June 28, 1002 (76 s usc 1as2
919
Stat. 124), n.re repealed. nute.
SF.r. 17. Rect.ion 221 (g) of the hnmigrn.tion tllld Nationn.litv Act
1
Nonimmt&rant
(66 Sttt-t, 102; 8 U.S.C. 1201 (g)) is runended. by deletii1p: the .-.. q'*'"'-
nt tho end there-of n.nd adding the followinl!: ": Pro?Jt'detl further, m .. nea.
Tltnt tt \'isn may he to nu n.)ipn defrnecl in ooction 101 (a)
( 15) (B) Qr (F), if such a1ien is othPrwise to rec-eive 11 viSIL, a usc 110 a.
11po11 receipt. of 11. notice by t.he ronsulnr officer frcma the At-ton1ey
General o'f the giving of n bond with sufficient. surety in such sum
nncl containing 4!0nditions n..q the consulnr officer shall prescl"ibe,
to insure tl1nt nt the cxpirntion of the time for   such ali.m has
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 10 of 13
920
66 Stat. 189.
a usc ttB4.
e. usc 1:158.
12 Stnt. !4 6.
Effec::tlve date.
Se J e ct C otn tnla•
!!lion on Western
lmml•
&:ration.
EIJtobllshtnent.
Study.
PUBLIC LAW sg.i.236-0C'J:. 3? 1965
[79
been nd:rnitted by theAttol"Dey Genernl, as provided in section 214(a),
or upon fo.ilure to mainhdn tbe sbt.tus under which he was admittea,
or to maintain any stat.us subsequently l\cquired 11nder section 248
of t-lte Act, such alien 'vill depart from the United States."
SEo •. lS. So nmch of section 272(n.) of tl1e Inunigration and Nation-
ality Act (66 Stat. 226; 8 1322(n.)) ns _preoodes the words
''shall pay to the collector of eustorust' is amended to read ns follows :
''SEc. 272. (a.) .Any whD shall bring to the United States
an o.lien (othertlu&n nn alien crewman) wbo is (1) rnentnlly.retn.rded
(2) insane, (3) nftlicted with psycllopn.thic _ _personality, or with sexual
deviation, ( 4) n. chronic o.Jcollolic, ( IJ) a.fllicted with any dangerous
contagious disen.set or (6) n. narcotic dt•ug addict/'.
SEo. 10. Section 249 of the Immigration nnd 'Nn.t.ionality Act (66
Stat. 211); 8 1259) is nmellded by out
1
' .. Tune 28, Ul40"
in clause (o.) of such section n.nd il1serting in l1eu thereof "June 30
1
1948.''
SEc. 20. This Act shall become effective on the first day of the first
month u.fter tho expiration of tbirty dnys following the date of its
enactment exc.ept as provided herein.
SEc. 21. (a) There is hereby estnblished l'\ Select. Commission on
Western Hemispltere Immigration (hereinafter referred fo as tbe
"Commission'') to bo of fifteen me.nbers. The President
shall appoint the Chairman of the Commission and four other members
thereof. The President of the Senate, with the approval of tbe
mn.jority and minority lenders of the Senn.te, slto..ll appoint Jive mem·
hers from the membership of the Senate. The Sl_)en.ker of the House
of Representatives, with the approval of the maJoritY.: and minority
leaders of the House, sl10J1 appoint five members ft·om the· memberahip
of tlte House. Not more than three members   by the Presi-
dent of tl1e Senl\te und the Speaker of the House of Representt\tives,
respectively, ahn.ll be membel's of the same political party. A vawaney
in the Jnembersbi_p of tho Commieaion ahu.ll be -filled in tho same
mnnner n.s the desig.nation nnd appointment.
(b) 'l,hc Commassion slw.Jl study tho following m£Lttors:
(1) Ptocvn.tJing nnd p:rojecfed demogrn.pnlc
1
  nml
economic trends, particulnrly as they pertain to Weetea•n Hemi-
sphere nn.tions;
(2) Present nnd projected unemployment in the United States,
b): occupations, industrief.l
1
geographic arens nnd other fttctora, in
relation to immigrn.tiou from tho Western Jiemispbet"C;
(3) The intcrro]n.tionships between immigtation, present nnd
fut.urc, nnd existing and contemi'Inted nntionnl Rlld iutet•untiottn.l
programs n.nd projects of Western Hemispl1ere inclutling
programs and projects fot• economie and socinl development ;
(4) The operntion of the immigration ln.ws of the lJnited St.u.tcs
n.s they pert.aLin to Western Hemisphere no.Jtions, including the
n.djust,ment of status for Cubnn refugees, with emphasis on the
n.dequn.cy of such laws from the stand-point of fnirness nnd fl'otn
the standpoint of the impact of such ln.w-s 011 employment. nnd
working_ conditions within the United States;
( 5) The imp1icn.tions of the foregoing with resRect to the
security and Jntemn.tifJnRI relations of Westen1 llemisphere
nations· P.nd .
(6) Any other matters which the Commission believes to be
germane tu the purposes for which it was estn.b]ished.
Reports to Pr<:l!s- {c) On or before July I, 1967 the Commission sha.:11 make a first
ldent and con- report to the President o.nd the Congress, nnd on or before Jnnuar.Y
grese.
15, 1968, the Commission shall make o. final report to the President
and the \Jongress. Such reports sha11 include the recommendations
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 11 of 13
79 STAT.) PUBLIC LAW 89·236-0CT. 3? 1965
of the Commission ns to what dmngcs, if nnyi are needed in the immi-
gJ•ntion Jo.ws in the light of its studv. T' 1e recom-
mendnt.ions shnll inelude, but slutll uot he Hmited to, l'Cconunenda-
tious ns to whether, and if so how, uumericltl limitations ahould be
upon imrniga•ntim1 to the United Stntc8 from the nations of
tho '\Vestcrn llemispher-e. In its l'ecommendlltiorls on
tll6 latter subject, the Commission ahn.ll pnl1.icu1nr attention to
the impnct of sudt inunigl'lLt ion on employm{'nt and worldng C<Jndi-
tions within the United States nnd to the Jl('ceHsit.y of pl'eserving the
special relntionship of the United Stutes with its sistm· Republics of
tho '\'"estern Hemisuhere.
(d) The life of the Commission AhnJl expire UJlOil the filing of ita
fina1 report, except t.hnt the Commission may C'ontinue to fundion
f{)r up to sixty duys therenft.er for the purpose of winding up its
affu.ir·s.
(e) UnlcRs legislation incom.;istent herewith is ennl'ted 011 or before
,June 30, 1908, in 1·esponRc to •·eeornnwndntions of the or
ot-ht".rwise, the. 11nmlwr of sp4.winl immigt·antH within the me1uJing of
sed ion 101 (n) (27) (A) of the lnunigrntion uud Nntionulity Act, nR
nmended, e.xc:fw'li\·e of speein.l immigmnCs who 1tre immf;'dinte rP1ttth·es
of United ('itiztms as descrihed in RPction 201 (h) of thl\t Act,
slutll not, in the fis('st1 year beginning .Tuly 1, lfl68, in nny fiscnl
yen1· P:Xee.{•d n totn I of
(f) A 11 Ferlm·nl ngen('it'fi f'lhttH ('OOJWI·atP fully with the Commis..,ion
to t.lw l.'.nrl thnt it mnv effeetive1y ('llrr·;y out. it.R duties.
member"' of the .. who is not othe•:wil'ls in the
servwe of the <Jovenun('.llt of t fTmted Rhttef! shn.ll l"ecerve the sum
of $100 for en.('h day RpPnt in tlw wod{ of the Commission, shn..IJ be
pa.id nctnnl travel expotu!f•R, tmd per diem in 1ieu of subsisb•IH'e
when nwny ft'<Hn his usual J)]aee of rPHidence,
with sed. ion fi oft he Adm a·nt i \'B At't of l 040i ns ltmend('(J,
Endt memhN· of the CornmisfJion wl10 iH ot in t of
tho • of the. ITtlitPd Ktntt•s shn11 Herve without cnmpenNn-
tion in 11ddition to thnt flweived fol' r;ueh otfuw   hut \\lhiiH
in the worlc of the CornmisHion shnll he puid tt<'f un 1 h'ltvel
oxpeJlfle."', when nwny fr·om hiR uHuu) pl•u·e of in 1\('<'0J'dunce
wit.h the Administt·11t.ive

Ad. of 19·!-e, lls IUTWJlded.
(h) Them ia I\Utho1•ized to be nppropa·irtted, o11t of uny mont'y in tim
TrcltBUl'Y not otherwise HO much ru; mny be nec·esRlliJ'
to c>lli'I'Y out. tlt{' proviBions of t.his sect ion.
Hao:c. 22. (tl) The de.-:Jigrmtion of chn.pfPt' It title If, is nnwnded to
J'l'ltd uR followH: ''CuAtlTJm I • RYHTJ::M''.
(b) The title section 201 is nrnended to rPnd follows:
"N"LTJ\r:JUUC,\1- Lll\lJTA'I'IONHH.
(c) The title pr·eceding sedion 202 is ttJU(l.ndPcl to J'{J,1.td llH
'*Ntrl\.JF.IUC,\1, LJ1'f1TATJON 'J'O ,\NY RIN"<H.F: J<'(JrH:JON R'l'A'n: .
(d) The title (H"eeeding se('tion 20a is umeude<l to J'Pttd as follows:
"ALJ-OCA'i'ION OF J VlHAH''.
(e) The title se<"tion 204 iR unNHled to rl'nd nR fo1Jm,·R:
"Pit<ICEI>t'nF. Jo'OR OllAN1'1NO fMl\IIOHAN1'
(f) Tho(ll titlo prt>eecling S£'('fion 20a iR nmeJH1Pd to r(lnd as follows:
"nJoWOGATTON OF API•HOV A I. OJ:t' J•F.TlTI ONR '
1

(p:) The t.itle p1·e.c{"ding- section 200 is amendPd to r4C'ad ns follows:
"ITNFSEO Jl\1"'1\.fJ(JR;\ N"T VHIAA".
(11) Tlm tiflP pr(l'<>Nling Rect1on 207 iR rE>pf.'n1ed.
( i) The title prer-eding sect ion 224 of C"h.apter 1 iHP rT, i:o> ll1Hf"nd£'d
to rl'nd 1\S folJOWR: "untt:DIATE IU!LATn·H ANI> FH"IX'I.\1, J:\.1:\HORANT
VISAS''.
49-850 0-66--61
921
"J'Il'rmh'uJtlon.
Ante, P• 9 I 6,
Ante, p. q11.
60 St ot,
75 Stnt, 339, 340,
5 usc
Approprl<lt lun,
f•t• Stfll. 175,
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 12 of 13
922
66 Stat. Ui3.
Repe•l.
75 Stat. 650.
8 USC llOl.
PUBLIC·LAW 89--237-0CTt. 4, 1965
(79 STAT.
(j) The title preceding section 24:9 ie &blended to nad as :follows:
"RJXXJRD OP AJ))[J8810N' BOB PDKANBNT RESIDENCJ!: JN TRB CASJt OF CEn-
TAJJf ALIENS WHO I:NTZBI'D THJil lTMl'I'ED 8TATZ8 l"RROa '1'0 JULY 1,
"
oaJ'tTllZ ao.to-ta • • •
SEC. 23. (a) The t.ble of conwnta (Title Il-Immtaratton, chap-
ter 1) of the lmmigration and Nationality ie amenaed to read as
follows:

• 1-SII:LI:OI'IOI'f SX&DII
••Sec. 201. Noanertcal llmttatloua.
usee. 202. Notnerlcal UwltatJon to au;:r •Iaale tonlp state.
uaec. 203. AUO<:atlon of lmmlarant vl&a8'.
'"Sec. 2<». for poantlag Immigrant atatua .
.. Sec. 203. Revocatloo ot approval of pet:Jtlons.
••sec. 206. Unused hnmfgraot vlua."
(b) The tablo of contents (Title 11-Immigra.tiota, chat>ter 3) of
the Immigration and Nationality Aet. is amended by changing t-he
designation. of section 2ll4 to read as follows:
usee. 224. Immediate relative and special Immigrant vteaff."
(c). The table of contents (Title 5) of
Immigration and Nationality Adt is a.mendea by eha.ng1ng the desJg-
na.tion of section 249 to read as follows:
••sec. 249, fte(!ord of admission for permanent residence In tbe case of
aliena who eote.:ed the United States prior to Jul:v 1. 1924. or June
80, 1948."
Sm. 24. Paragraph (6) of section lOl(b) is repealed.
Approved October 8, 1965, 3:25 p.m.
Public Law 89-237
oatcber •· J.9CS5 AN ACT
[H. R. 4152) To amend tbc FO(Jernt l'arm Lonn .A(!t and the Farm C.-edit Act ot 1988 w
------ DteanH fof' expediting tbe retirement of Government capital •n the
J:t'ederol lntermedlnt10 credit banks, lncludhur an Increase lh the debt permitted
such bnuks In :rolatl<•n to their and etroviHion. for tbe production credlt
ossoc•athms to acquire addUionnl copttal stock tbereln, to   tor allocat·
lng certnha enradngs of sueh banks and &IUfoclatlons to tbelr usere, and tor
other
Pnder•l P'•tm
Lo•n Aat und
Fatm Credit Act
al •mend ..
mont•.
70 Bt•t. 663.
4!J Stnt. a 15,
10 S'tat. 660.
Be it e-natJted by tlu Senate and llou1e ol Representatlme1 ol the
United StateB o/4merloa in OongreoB tUJBtJmbleil, That the Feaem.l
Farm I..onn Act, R8 aruended, is herebY. uinended-
(a) by inserting immediately before the semico1on at the end
of paragraph (1} of section 202(a.) thereof (12 U.S.C. 1031(1))
the following: ' or without collateral to the extent authorized
under t·ules and regulations prescribed by the Farm Credit Admin-
istration"; ·
(b) b)' striking out'' Provided" and all that follows it in section
203(a) thereof (12 U.S.C. 1041) and substituting therefor the
fo1Jowing:   the amount of the outstand ..
ing debentures and similar obligations issued by the Federal
intermediate credit banks shall not exceed twelve times the surplus
and pn.id-in ca. pita) of aU such banks.";
(eJ in section thereof (12 U.S.C. 1061(o.) )-
(i) by substituting 'one-eighthn for "one-sixth'' in the ninth
of pa.ra,mpn (1}; and
(ii) by insertmg the following as two sepa.:rate
between the eleventh and twe1fth sentences of pn.ragraph (2) :
'-Each Fedeml intermediate credit bank, with the approval of
the Fann Credit may detennine the amount of
Case 5:13-cv-00982-OLG Document 25-7 Filed 11/22/13 Page 13 of 13







EXHIBIT 38
Case 5:13-cv-00982-OLG Document 25-8 Filed 11/22/13 Page 1 of 9
Texas Legislature Online
History
Bill: HB 3232 Legislative Session: 83(R) Council Document: 83R 571 NAJ-D
Last Action: 03/25/2013 H Referred to Criminal Jurisprudence
Caption Version: Introduced
Caption Text: Relating to the repeal of the offense of homosexual conduct.
Author: Coleman
Cosponsor:
Subjects: Crimes--Against Morals (I0180)
Crimes--Against Persons--Sexual (I0171)
HOMOSEXUALITY (S0055)
SEX EDUCATION (S0827)
SEXUAL ORIENTATION (S0085)
House
Committee:
Criminal Jurisprudence
Status: In committee
Actions: (descending date order)
Description Comment Date Time Journal Page
H Referred to Criminal Jurisprudence 03/25/2013 988
H Read first time 03/25/2013 988
H Filed 03/07/2013
Page 1 of 1 Texas Legislature Online - 83(R) History for HB 3232
11/19/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3232
Case 5:13-cv-00982-OLG Document 25-8 Filed 11/22/13 Page 2 of 9
Texas Legislature Online
History
Bill: HB 1701 Legislative Session: 83(R) Council Document: 83R 571 NAJ-D
Last Action: 04/29/2013 H Left pending in committee
Caption Version: Introduced
Caption Text: Relating to the repeal of the offense of homosexual conduct.
Author: Farrar | Wu | Moody
Cosponsor:
Subjects: Crimes--Against Morals (I0180)
Crimes--Against Persons--Sexual (I0171)
HOMOSEXUALITY (S0055)
SEX EDUCATION (S0827)
SEXUAL ORIENTATION (S0085)
House
Committee:
Criminal Jurisprudence
Status: In committee
Actions: (descending date order)
Description Comment Date Time Journal Page
H Left pending in committee 04/29/2013
H Testimony taken/registration(s) recorded in committee 04/29/2013
H Considered in public hearing 04/29/2013
H Scheduled for public hearing on . . . 04/29/2013
H Referred to Criminal Jurisprudence 03/12/2013 716
H Correction in referral 03/12/2013 716
H Referred to State Affairs 03/04/2013 574
H Read first time 03/04/2013 574
H Filed 02/22/2013
Page 1 of 1 Texas Legislature Online - 83(R) History for HB 1701
11/19/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1701
Case 5:13-cv-00982-OLG Document 25-8 Filed 11/22/13 Page 3 of 9
Texas Legislature Online
History
Bill: SB 538 Legislative Session: 83(R) Council Document: 83R 571 NAJ-D
Last Action: 05/17/2013 S Not again placed on intent calendar
Caption Version: Senate Committee Report
Caption Text: Relating to the repeal of the offense of homosexual conduct.
Author: Rodríguez
Coauthor: Ellis
Cosponsor:
Subjects: Crimes--Against Morals (I0180)
Crimes--Against Persons--Sexual (I0171)
HOMOSEXUALITY (S0055)
SEX EDUCATION (S0827)
SEXUAL ORIENTATION (S0085)
Senate
Committee:
Criminal Justice
Status: Out of committee
Vote: Ayes=5 Nays=0 Present Not Voting=0 Absent=2
Actions: (descending date order)
Description Comment Date Time Journal Page
S Not again placed on intent calendar 05/17/2013
S Placed on intent calendar 05/15/2013
S Not again placed on intent calendar 05/14/2013
S Placed on intent calendar 05/07/2013
S Not again placed on intent calendar 05/06/2013
S Placed on intent calendar 04/30/2013
S Co-author authorized 04/22/2013 1115
S Committee report printed and distributed 04/18/2013 03:26 PM
S Recommended for local & uncontested calendar 04/18/2013
S Reported favorably w/o amendments 04/18/2013 1073
S Testimony taken in committee 04/17/2013
S Considered in public hearing 04/17/2013
S Scheduled for public hearing on . . . 04/17/2013
S Meeting cancelled 04/16/2013
S Scheduled for public hearing on . . . 04/16/2013
S Referred to Criminal Justice 03/26/2013 617
S Rereferred to committee 03/26/2013 617
S Referred to State Affairs 02/20/2013 258
Page 1 of 2 Texas Legislature Online - 83(R) History for SB 538
11/19/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB538
Case 5:13-cv-00982-OLG Document 25-8 Filed 11/22/13 Page 4 of 9
S Read first time 02/20/2013 258
S Filed 02/13/2013
S Received by the Secretary of the Senate 02/13/2013
Page 2 of 2 Texas Legislature Online - 83(R) History for SB 538
11/19/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB538
Case 5:13-cv-00982-OLG Document 25-8 Filed 11/22/13 Page 5 of 9
Texas Legislature Online
History
Bill: HB 2156 Legislative Session: 82(R) Council Document: 82R 1532 NAJ-F
Last Action: 04/05/2011 H Left pending in committee
Caption Version: Introduced
Caption Text: Relating to the repeal of the offense of homosexual conduct.
Author: Coleman
Cosponsor:
Subjects: Crimes--Against Morals (I0180)
Crimes--Against Persons--Sexual (I0171)
Education--Primary & Secondary--Curriculum (I0228)
Health--General (I0385)
HOMOSEXUALITY (S0055)
House
Committee:
Criminal Jurisprudence
Status: In committee
Actions: (descending date order)
Description Comment Date Time Journal Page
H Left pending in committee 04/05/2011
H Considered in public hearing 04/05/2011
H Scheduled for public hearing on . . . 04/05/2011
H Referred to Criminal Jurisprudence 03/08/2011 718
H Read first time 03/08/2011 718
H Filed 03/03/2011
Page 1 of 1 Texas Legislature Online - 82(R) History for HB 2156
11/19/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB2156
Case 5:13-cv-00982-OLG Document 25-8 Filed 11/22/13 Page 6 of 9
Texas Legislature Online
History
Bill: HB 604 Legislative Session: 82(R) Council Document: 82R 1532 NAJ-F
Last Action: 04/05/2011 H Left pending in committee
Caption Version: Introduced
Caption Text: Relating to the repeal of the offense of homosexual conduct.
Author: Farrar
Cosponsor:
Subjects: Crimes--Against Morals (I0180)
Crimes--Against Persons--Sexual (I0171)
Education--Primary & Secondary--Curriculum (I0228)
Health--General (I0385)
HOMOSEXUALITY (S0055)
House
Committee:
Criminal Jurisprudence
Status: In committee
Actions: (descending date order)
Description Comment Date Time Journal Page
H Left pending in committee 04/05/2011
H Testimony taken/registration(s) recorded in committee 04/05/2011
H Considered in public hearing 04/05/2011
H Scheduled for public hearing on . . . 04/05/2011
H Referred to Criminal Jurisprudence 02/18/2011 412
H Read first time 02/18/2011 412
H Filed 01/12/2011
Page 1 of 1 Texas Legislature Online - 82(R) History for HB 604
11/19/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB604
Case 5:13-cv-00982-OLG Document 25-8 Filed 11/22/13 Page 7 of 9
Texas Legislature Online
History
Bill: HB 3026 Legislative Session: 81(R) Council Document: 81R 10223 GCB-D
Last Action: 03/30/2009 H Subcommittee members named
Caption Version: Introduced
Caption Text: Relating to the repeal of the offense of homosexual conduct.
Author: Coleman | Farrar
Subjects: Crimes--Against Morals (I0180)
Crimes--Against Persons--Sexual (I0171)
Education--Primary & Secondary--Curriculum (I0228)
HOMOSEXUALITY (S0055)
House
Committee:
Criminal Jurisprudence
Bill Subcommittee: Subcommittee on Criminal
Procedure
Status:
In committee
Moody (Chair) | Christian | Fletcher | Miklos |
Pierson | Riddle | Vaught | Vo
Actions: (descending date order)
Description Comment Date Time Journal Page
H Subcommittee members named 03/30/2009
H Referred directly to subcommittee by chair 03/30/2009
H Referred to Criminal Jurisprudence 03/17/2009 722
H Read first time 03/17/2009 722
H Filed 03/10/2009
Page 1 of 1 Texas Legislature Online - 81(R) History for HB 3026
11/19/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB3026
Case 5:13-cv-00982-OLG Document 25-8 Filed 11/22/13 Page 8 of 9
Texas Legislature Online
History
Bill: HB 1326 Legislative Session: 80(R) Council Document: 80R 6272 SLO-D
Last Action: 02/14/2007 H Referred to Criminal Jurisprudence
Caption Version: Introduced
Caption Text: Relating to the repeal of the offense of homosexual conduct.
Author: Coleman
Subjects: Crimes--Against Morals (I0180)
Crimes--Against Persons--Sexual (I0171)
Education--Primary & Secondary--Curriculum (I0228)
HOMOSEXUALITY (S0055)
House
Committee:
Criminal Jurisprudence
Status: In committee
Actions: (descending date order)
Description Comment Date Time Journal Page
H Referred to Criminal Jurisprudence 02/14/2007 461
H Read first time 02/14/2007 461
H Filed 02/12/2007
Page 1 of 1 Texas Legislature Online - 80(R) History for HB 1326
11/19/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB1326
Case 5:13-cv-00982-OLG Document 25-8 Filed 11/22/13 Page 9 of 9







EXHIBIT 39
Case 5:13-cv-00982-OLG Document 25-9 Filed 11/22/13 Page 1 of 4
United States Department of Defense
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News
Hagel: States Denying Same-sex Family Benefits Must Comply
By Karen Parrish
American Forces Press Service
WASHINGTON, Oct. 31, 2013 – Defense Secretary Chuck Hagel today directed the chief of the National Guard
Bureau to meet with the adjutants general of nine states to resolve the issue of those states denying ID cards to
same-sex spouses at National Guard facilities.
In a speech at the 100th annual Anti-Defamation League in
New York tonight, Hagel said the adjutants general will be
expected to comply with both lawful direction and Defense
Department policy, in line with the practices of 45 other
states and jurisdictions.
DOD last month began providing same-sex spouse
benefits for military members and eligible civilian
employees, following the Supreme Court’s June 26 ruling
that Section 3 of the Defense of Marriage Act is
unconstitutional.
“We did it because everyone who serves our country in
uniform … should receive the full benefits they earned,
fairly and in accordance with the law,” the secretary said
tonight. “Everyone’s rights must be protected.”
A senior defense official speaking on background said that
on Aug. 15, Pentagon officials issued a communication
noting the system was updated and that ID cards to same-
sex spouses were to be issued by all ID card processing
stations starting Sept. 3. The official noted that nine states
-- Indiana, Georgia, Florida, Mississippi, Louisiana,
Oklahoma, South Carolina, Texas and West Virginia -- are
denying equal access for same-sex spouses and are violating DOD and service-level policies for administering
same-sex couple and family benefits.
“Secretary Hagel expects these nine states to resolve this issue,” the official said. “He is prepared to take further
action should the states not come into compliance with DOD policy.”
In his remarks in New York, Hagel said the denial of ID cards at National Guard facilities unnecessarily forces
couples to travel to federal facilities.
“Not only does this violate the states’ obligations under federal law, their actions have created hardship and
inequality by forcing couples to travel long distances to federal military bases to obtain the ID cards they’re
entitled to,” he said. “This is wrong. It causes division among the ranks, and it furthers prejudice, which DOD has
fought to extinguish.”
The secretary emphasized that members of the National Guard serve their states and the nation and deserve to
be treated accordingly.
“Whether they are responding to natural disasters here at home in their states or fighting in Afghanistan, our
National Guardsmen all wear the uniform of the United States of America,” he said. “They are serving this
country. They – and their families – are entitled to all the benefits and respect accorded to all of our military men
and women.”
Defense Secretary Chuck Hagel delivers the keynote
speech at the centennial dinner of the Anti-Defamation
League in New York, Oct. 31, 2013. Hagel said he
directed the National Guard Bureau to work with nine
states refusing to issue ID cards to same-sex spouses
serving in the National Guard. He also announced
Israel will buy six V-22 Osprey tilt-rotor aircraft for its air
force. Later Hagel helped present an award to former
Defense Secretary Leon E. Panetta for his dedication to
equal rights. DOD photo by Erin A. Kirk-Cuomo
(Click photo for screen-resolution image);high-
resolution image available.
Biographies:
Chuck Hagel
Related Sites:
Anti-Defamation League Centennial Dinner Keynote
Related Articles:
DOD Facilities Gear up to Issue ID Cards to Same-Sex Spouses
Hagel: Defense Department Welcomes Supreme Court Decision
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11/17/2013 http://www.defense.gov/news/newsarticle.aspx?id=121038
Case 5:13-cv-00982-OLG Document 25-9 Filed 11/22/13 Page 3 of 4
MORE SOCIAL MEDIA SITES »
Page 3 of 3 Defense.gov News Article: Hagel: States Denying Same-sex Family Benefits Must Comply
11/17/2013 http://www.defense.gov/news/newsarticle.aspx?id=121038
Case 5:13-cv-00982-OLG Document 25-9 Filed 11/22/13 Page 4 of 4







EXHIBIT 40
Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 1 of 61
No. 12-307
In The
Supreme Court of the United States
UNITED STATES OF AMERICA, Petitioner,
v.
EDITH SCHLAIN WINDSOR, IN HER CAPACITY AS EXECUTOR
OF THE ESTATE OF THEA CLARA SPYER, ET AL.,
Respondents.
On Writ of Certiorari to the United States
Court of Appeals for the Second Circuit
BRIEF OF THE AMERICAN PSYCHOLOGICAL
ASSOCIATION, THE AMERICAN ACADEMY OF
PEDIATRICS, THE AMERICAN MEDICAL
ASSOCIATION, THE AMERICAN PSYCHIATRIC
ASSOCIATION, THE AMERICAN PSYCHOANALYTIC
ASSOCIATION, THE CALIFORNIA MEDICAL
ASSOCIATION, THE NATIONAL ASSOCIATION OF
SOCIAL WORKERS AND ITS NEW YORK CITY AND
STATE CHAPTERS, AND THE NEW YORK STATE
PSYCHOLOGICAL ASSOCIATION AS AMICI CURIAE
ON THE MERITS IN SUPPORT OF AFFIRMANCE
NATHALIE F.P. GILFOYLE
AMERICAN PSYCHOLOGICAL
ASSOCIATION
750 First Street, N.E.
Washington, DC 20002

WILLIAM F. SHEEHAN
Counsel of Record
ANDREW HUDSON
GOODWIN | PROCTER LLP
901 New York Avenue, N.W.
Washington, D.C. 20001
(202) 346-4000
wsheehan@goodwinprocter.com
PAUL M. SMITH
JENNER & BLOCK LLP
1099 New York Avenue, N.W.
Washington, DC 20001
Counsel for Amici Curiae
Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 2 of 61




i

TABLE OF CONTENTS
TABLE OF AUTHORITIES .................................... iii
INTEREST OF AMICI CURIAE ............................. 1
INTRODUCTION AND SUMMARY ....................... 3
ARGUMENT ............................................................ 5
I. The Scientific Evidence Presented
in This Brief. .................................................. 5
II. Homosexuality Is a Normal
Expression of Human Sexuality,
Is Generally Not Chosen, and Is
Highly Resistant to Change .......................... 7
III. Sexual Orientation and
Relationships ............................................... 11
IV. The Children of Same-Sex Couples ............ 14
A. Many Same-Sex Couples
Are Raising Children. ....................... 14
B. The Factors That Affect The
Adjustment of Children Are
Not Dependent on Parental
Gender or Sexual
Orientation ........................................ 14
C. There Is No Scientific Basis
for Concluding That Gay
And Lesbian Parents Are
Any Less Fit or Capable
Than Heterosexual Parents,
or That Their Children Are
Any Less Psychologically
Healthy and Well Adjusted. ............. 18
Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 3 of 61




ii

V. Challenges to the Evidence on
Same-Sex Parents by Other Amici
Are Unfounded ............................................. 27
A. The Methodological
Criticisms Fail to Recognize
the Cumulative Nature of
Scientific Research ............................ 27
B. The Regnerus Study Does
Not Provide Evidence That
Parental Sexual Orientation
Affects Child Development
Outcomes ........................................... 29
VI. Denying Federal Recognition To
Legally Married Same-Sex Couples
Stigmatizes Them. ....................................... 34
CONCLUSION ....................................................... 37
Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 4 of 61




iii

TABLE OF AUTHORITIES

CASES: PAGE(S)

Baker v. Wade, 106 F.R.D. 526
(N.D. Tex. 1985) ............................................ 24

Heckler v. Mathews, 465 U.S. 728
(1984) ............................................................. 36


STATUTES:

42 U.S.C. § 402(g) ............................................... 34


LEGISLATIVE HISTORY:

Defense of Marriage Act: Hearing
Before the Subcomm. on the
Constitution of the H. Comm. on
the Judiciary, 104th Cong. (1996) ................ 3, 4

142 Cong. Rec. H7444 (daily ed. July
11, 1996) ........................................................ 3
Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 5 of 61




iv


142 Cong. Rec. H7486 (daily ed. July
12, 1996) ............................................................. 3


OTHER AUTHORITIES:

D.W. Allen et al., Nontraditional
Families and Childhood Progress
Through School: A Comment on
Rosenfeld, Demography (Nov. 18,
2012) (published online, DOI
10.1007/s13524-012-0169-x) ......................... 31

Am. Acad. of Pediatrics, Committee on
Psychosocial Aspects of Child and
Family Health, Policy Statement:
Promoting the Well-Being of
Children Whose Parents are Gay
or Lesbian, 131 Pediatrics
(forthcoming 2013) ........................................ 25

Am. Ass’n for Marriage & Fam.
Therapy, Reparative/Conversion
Therapy (2009), available at
http://www.aamft.org/iMIS15/AAM
FT/MFT_Resources/Content/Resou
rces/Position_On_Couples.aspx .................... 10

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 6 of 61




v

Am. Med. Ass’n, Policy H-60.940,
Partner Co-Adoption, available at
http://www.ama-
assn.org/ama/pub/about-ama/our-
people/member-groups-
sections/glbt-advisory-
committee/ama-policy-regarding-
sexual-orientation.page ................................ 27

Am. Med. Ass’n, Policy H-65.973,
Health Care Disparities in Same-
Sex Partner Households, available
at http://www.ama-
assn.org/ama/pub/about-ama/our-
people/member-groups-
sections/glbt-advisory-
committee/ama-policy-regarding-
sexual-orientation.page ................................ 35

Am. Med. Ass’n, Policy H-160.991,
Health Care Needs of the
Homosexual Population, available
at http://www.ama-
assn.org/ama/pub/about-ama/our-
people/member-groups-
sections/glbt-advisory-
committee/ama-policy-regarding-
sexual-orientation.page ................................ 10

Am. Psychiatric Ass’n, Position
Statement: Homosexuality and
Civil Rights (1973), in 131 Am. J.
Psychiatry 497 (1974) ................................... 9

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 7 of 61




vi

Am. Psychiatric Ass’n, Position
Statement: Psychiatric Treatment
and Sexual Orientation (1998),
available at
http://www.psych.org/Departments
/EDU/Library/APAOfficialDocume
ntsandRelated/PositionStatements
/199820.aspx .................................................. 10

Am. Psychiatric Ass’n, Position
Statement: Support of Legal
Recognition of Same-Sex Civil
Marriage (2005), available at
http://www.psych.org/Departments
/EDU/Library/APAOfficialDocume
ntsandRelated/PositionStatements
/200502.aspx. ................................................. 2, 26

Am. Psychoanalytic Ass’n, Position
Statement: Attempts to Change
Sexual Orientation, Gender
Identity, or Gender Expression
(2012), available at
http://www.apsa.org/about_apsaa/p
osition_statements/attempts_to_
change_sexual_orientation.aspx .................. 11

Am. Psychoanalytic Ass’n, Position
Statement: Parenting (2012),
available at
http://www.apsa.org/about_apsaa/p
osition_statements/parenting.aspx .............. 26

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 8 of 61




vii

Am. Psychol. Ass’n, Minutes of the
Annual Meeting of the Council of
Representatives, 30 Am.
Psychologist 620 (1975) ................................ 9

Am. Psychol. Ass’n, Report of the
American Psychological
Association Task Force on
Appropriate Therapeutic
Responses to Sexual Orientation
(2009), available at
http://www.apa.org/pi/lgbt/resource
s/sexual-orientation.aspx .............................. 10

Am. Psychol. Ass’n, Resolution on
Appropriate Affirmative Responses
to Sexual Orientation Distress and
Change Efforts (2009), available at
http://www.apa.org/pi/lgbt/resource
s/sexual-orientation.aspx .............................. 10

Am. Psychol. Ass’n, Resolution on
Marriage Equality For Same-Sex
Couples (2011), available at
http://www.apa.org/about/governan
ce/council/policy/same-sex.pdf ...................... 1

Am. Psychol. Ass’n, Resolution on
Sexual Orientation, Parents, and
Children (2004), available at
http://www.apa.org/about/governan
ce/council/policy/parenting.pdf ..................... 25

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 9 of 61




viii

P.R. Amato, Children of Divorce in the
1990s: An Update of the Amato
and Keith (1991) Meta-Analysis,
15 J. Fam. Psychol. 355 (2001) ..................... 17, 24

N. Anderssen et al., Outcomes for
Children with Lesbian or Gay
Parents: A Review of Studies from
1978 to 2000, 43 Scand. J. Psychol.
335 (2002) ...................................................... 19

M.V.L. Badgett, Money, Myths, and
Change: The Economic Lives of
Lesbians and Gay Men (2001) ...................... 36

K.F. Balsam et al., Three-Year Follow-
Up of Same-Sex Couples Who Had
Civil Unions in Vermont, Same-
Sex Couples Not in Civil Unions,
and Heterosexual Married
Couples, 44 Developmental
Psychol. 102 (2008) ....................................... 14

T.J. Biblarz & J. Stacey, How Does
the Gender of Parents Matter?, 72
J. Marriage & Fam. 3 (2010) ........................ 19, 21

H. Bos & T.G.M. Sandfort, Children’s
Gender Identity in Lesbian and
Heterosexual Two-Parent
Families, 62 Sex Roles 114 (2010) ................ 19, 22

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 10 of 61




ix

R.W. Chan et al., Psychosocial
Adjustment Among Children
Conceived Via Donor Insemination
By Lesbian and Heterosexual
Mothers, 69 Child Dev. 443 (1998) ............... 17, 18

S.D. Cochran et al., Prevalence of
Mental Disorders, Psychological
Distress, and Mental Services Use
Among Lesbian, Gay, and Bisexual
Adults in the United States, 71 J.
Consulting & Clinical Psychol. 53
(2003) ............................................................. 12-13

Consequences of Growing Up Poor
(G.J. Duncan & J. Brooks-Gunn
eds., 1997) ...................................................... 18

J. Crocker et al., Social Stigma, in 2
The Handbook of Social Psychology
504 (D.T. Gilbert et al. eds., 4th ed.
1998) .............................................................. 35

E.M. Cummings et al., Children’s
Responses to Everyday Marital
Conflict Tactics in the Home, 74
Child Dev. 1918 (2003) ................................. 17

E.M. Cummings et al., Everyday
Marital Conflict and Child
Aggression, 32 J. Abnormal Child
Psychol. 191 (2004) ....................................... 17

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 11 of 61




x

A.R. D’Augelli et al., Lesbian and Gay
Youth’s Aspirations for Marriage
and Raising Children, 1 J. LGBT
Issues Counseling 77 (2007) ......................... 12

A.R. D’Augelli, Sexual Orientation, in
7 Am. Psychol. Ass’n, Encyclopedia
of Psychology 260 (A.E. Kazdin ed.,
2000) .............................................................. 7

S. Erich et al., A Comparative
Analysis of Adoptive Family
Functioning with Gay, Lesbian,
and Heterosexual Parents and
Their Children,
1 J. GLBT Fam. Stud. 43 (2005)................... 20

S. Erich et al., Gay and Lesbian
Adoptive Families: An Exploratory
Study of Family Functioning,
Adoptive Child’s Behavior, and
Familial Support Networks, 9 J.
Fam. Soc. Work 17 (2005) ............................. 20

R.H. Farr et al., Parenting and Child
Development in Adoptive Families:
Does Parental Sexual Orientation
Matter?, 14 Applied
Developmental Sci. 164 (2010) .............. 19, 20, 23



Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 12 of 61




xi

A.W. Fingerhut & L.A. Peplau, Same-
Sex Romantic Relationships, in
Handbook of Psychology and
Sexual Orientation 165
(C.J. Patterson & A.R. D’Augelli
eds., 2013) ...................................................... 12

B.L. Frankowski, Sexual Orientation
and Adolescents, 113 Pediatrics
1827 (2004) .................................................... 11

M. Fulcher et al., Individual
Differences in Gender
Development: Associations with
Parental Sexual Orientation,
Attitudes, and Division of Labor,
58 Sex Roles 330 (2008) ................................ 23

G.J. Gates et al., Letter to the editors
and advisory editors of Social
Science Research, 41 Soc. Sci. Res.
1350 (2012) .................................................... 33

E. Goffman, Stigma: Notes on the
Management of Spoiled Identity
(1963) ............................................................. 35

A.E. Goldberg et al., Gender-Typed
Play Behavior in Early Childhood:
Adopted Children with Lesbian,
Gay, and Heterosexual Parents, 67
Sex Roles 503 (2012) ..................................... 23

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 13 of 61




xii

A.E. Goldberg, Lesbian and Gay
Parents and Their Children:
Research on the Family Life Cycle
(2010) ................................................ 19, 22, 23, 24

S. Golombok, Parenting: What Really
Counts? (2000) ............................................... 15, 17

S. Golombok et al., Children with
Lesbian Parents: A Community
Study, 39 Developmental Psychol.
20 (2003) ........................................................ 19, 24

S. Golombok & F. Tasker, Do Parents
Influence the Sexual Orientation of
Their Children? Findings from a
Longitudinal Study of Lesbian
Families, 32 Developmental
Psychol. 3 (1996) ........................................... 24

J.C. Gonsiorek, The Empirical Basis
for the Demise of the Illness Model
of Homosexuality, in
Homosexuality: Research
Implications for Public Policy 115
(J.C. Gonsiorek & J.D. Weinrich
eds., 1991) ...................................................... 8

R. Green et al., Lesbian Mothers and
Their Children: A Comparison
with Solo Parent Heterosexual
Mothers and Their Children, 15
Archives Sexual Behav. 167 (1986) .............. 23

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 14 of 61




xiii

Henry J. Kaiser Fam. Found., Inside-
OUT: A Report on the Experiences
of Lesbians, Gays and Bisexuals in
America and the Public’s Views on
Issues and Policies Related to
Sexual Orientation 31 (2001),
available at http://www.kff.org
/kaiserpolls/upload/New-Surveys-
on-Experiences-of-Lesbians-Gays-
and-Bisexuals-and-the-Public-s-
Views-Related-to-Sexual-
Orientation-Report.pdf. ................................ 12, 13

G. Herek et al., Demographic,
Psychological, and Social
Characteristics of Self-Identified
Lesbian, Gay, and Bisexual Adults
in a US Probability Sample, 7
Sexuality Res. & Soc. Policy 176
(2010) ............................................................. 9, 12

G. Herek et al., Internalized Stigma
Among Sexual Minority Adults:
Insights From a Social
Psychological Perspective, 56 J.
Counseling Psychol. 32 (2009) ...................... 9

G.M. Herek, Bad Science in the
Service of Stigma: A Critique of the
Cameron Group’s Survey Studies,
in Stigma and Sexual Orientation:
Understanding Prejudice Against
Lesbians, Gay Men, and Bisexuals
223 (G.M. Herek ed., 1998) ........................... 24

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 15 of 61




xiv

G.M. Herek, Hate Crimes and Stigma-
Related Experiences Among
Sexual Minority Adults in the
United States: Prevalence
Estimates from a National
Probability Sample, 24 J.
Interpersonal Violence 54 (2009) ................. 35-36

G.M. Herek, Homosexuality, in 2 The
Corsini Encyclopedia of Psychology
774-76 (I.B. Weiner & W.E.
Craighead eds., 4th ed. 2010). ...................... 7

G.M. Herek et al., Psychological
Sequelae of Hate-Crime
Victimization Among Lesbian,
Gay, and Bisexual Adults, 67 J.
Consulting & Clinical Psychol. 945
(1999) ............................................................. 36

E. Hooker, The Adjustment of the
Male Overt Homosexual, 21 J.
Projective Techs. 18 (1957) ........................... 8

M.E. Hotvedt & J.B. Mandel, Children
of Lesbian Mothers, in
Homosexuality: Social,
Psychological, and Biological
Issues 275 (W. Paul et al. eds.,
1982) .............................................................. 23

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 16 of 61




xv

Institute of Medicine, The Health of
Lesbian, Gay, Bisexual, and
Transgender People: Building a
Foundation for Better
Understanding (2011) ................................... 7-8, 21

L.A. Kurdek, Are Gay and Lesbian
Cohabiting Couples Really
Different from Heterosexual
Married Couples?, 66 J. Marriage
& Fam. 880 (2004)......................................... 13

L.A. Kurdek, Change in Relationship
Quality for Partners from Lesbian,
Gay Male, and Heterosexual
Couples, 22 J. Fam. Psychol. 701
(2008) ............................................................. 13, 14

L.A. Kurdek, What Do We Know
About Gay and Lesbian Couples?,
14 Current Directions Psychol. Sci.
251 (2005) ...................................................... 13

M.E. Lamb, Mothers, Fathers,
Families, and Circumstances:
Factors Affecting Children’s
Adjustment, 16 Applied
Developmental Sci. 98 (2012) ....................... 16

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 17 of 61




xvi

M.E. Lamb & C. Lewis, The Role of
Parent-Child Relationships in
Child Development, in
Developmental Science: An
Advanced Textbook 429-68 (M.H.
Bornstein & M.E. Lamb eds., 5th
ed. 2005) ........................................................ 15, 16

B.G. Link & J.C. Phelan,
Conceptualizing Stigma, 27 Ann.
Rev. Soc. 363 (2001) ...................................... 35

L. Marks, Same-Sex Parenting and
Children’s Outcomes: A Closer
Examination of the American
Psychological Association’s Brief
on Lesbian and Gay Parenting, 41
Soc. Sci. Res. 735 (2012) ............................... 29

S. McLanahan & G. Sandefur,
Growing Up With a Single Parent:
What Hurts, What Helps (1994) .................. 17

T.C. Mills et al., Health-Related
Characteristics of Men Who Have
Sex with Men: A Comparison of
Those Living in “Gay Ghettos”
with Those Living Elsewhere, 91
Am. J. Pub. Health 980 (2001) ..................... 12

Nat’l Ass’n of Soc. Workers, Policy
Statement: Family Planning and
Reproductive Choice, in Social
Work Speaks 129 (9th ed. 2012) ................... 26

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xvii

Nat’l Ass’n of Soc. Workers, Policy
Statement: Lesbian, Gay, and
Bisexual Issues, in Social Work
Speaks 193 (4th ed. 1997) ............................. 26

Nat’l Ass’n of Soc. Workers, Position
Statement: “Reparative” and
“Conversion” Therapies for
Lesbians and Gay Men (2000),
available at
http://www.naswdc.org/diversity/lg
b/reparative.asp ............................................ 11

Neighborhood Poverty: Context and
Consequences for Children
(J. Brooks-Gunn et al. eds., 1997) ................ 18

C.J. Patterson, Children of Lesbian
and Gay Parents: Psychology, Law,
and Policy, 64 Am. Psychologist
727 (2009) ...................................................... 19

C.J. Patterson, Family Lives of
Lesbian and Gay Adults, in
Handbook of Marriage and the
Family 659 (G.W. Peterson & K.R.
Bush eds., 3d ed. 2013) ...................... 19, 22, 23, 24

C.J. Patterson, Family Relationships
of Lesbians and Gay Men,
62 J. Marriage & Fam. 1052 (2000) ............. 19

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xviii

C.J. Patterson, Gay Fathers, in The
Role of the Father in Child
Development 397 (M.E. Lamb ed.,
4th ed. 2004) .................................................. 20

C.J. Patterson, Lesbian and Gay
Parents and Their Children: A
Social Science Perspective, in
Contemporary Perspectives on
Lesbian, Gay, and Bisexual
Identities, Nebraska Symposium
on Motivation 141
(D.A. Hope ed., 2009) .................................... 18

C.J. Patterson, & P.D. Hastings,
Socialization in the Context of
Family Diversity, in Handbook of
Socialization: Theory and Research
328-51 (J.E. Grusec & P.D.
Hastings eds., 2007) ................................. 15, 16, 18

L.A. Peplau & A.W. Fingerhut, The
Close Relationships of Lesbians
and Gay Men, 58 Ann. Rev.
Psychol. 405 (2007) ....................................... 12, 13

L.A. Peplau & K.P. Beals, The Family
Lives of Lesbians and Gay Men, in
Handbook of Family
Communication 233 (A.L.
Vangelisti ed., 2004) ..................................... 14

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xix

L.A. Peplau & N. Ghavami, Gay,
Lesbian, and Bisexual
Relationships, in Enclyclopedia of
Human Relationships
(H.T. Reis & S. Sprecher eds.,
2009) .............................................................. 12, 13

E.C. Perrin & Comm. on Psychosocial
Aspects of Child & Fam. Health,
Technical Report: Coparent or
Second-Parent Adoption by Same-
Sex Parents, 109 Pediatrics 341
(2002) ............................................................. 19, 22

D. Potter, Same-Sex Parent Families
and Children’s Academic
Achievement, 74 J. Marriage &
Fam. 556 (2012) ................................. 17, 18, 22, 28

M. Regnerus, How Different are the
Adult Children of Parents Who
Have Same-Sex Relationships?
Findings from the New Family
Structures Study, 41 Soc. Sci. Res.
752 (2012) ........................................... 29, 30, 32, 33

M. Regnerus, Parental Same-Sex
Relationships, Family Instability,
and Subsequent Life Outcomes for
Adult Children: Answering Critics
of the New Family Structures
Study with Additional Analyses, 41
Soc. Sci. Res. 1367 (2012) ............................. 32

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xx

M. Regnerus, The New Family
Structures Study, Survey
Instrument, available at
http://www.prc.utexas.edu/nfss/doc
uments/NFSS-Survey-
Instrument.pdf .............................................. 32

B.F. Riess, Psychological Tests in
Homosexuality, in Homosexual
Behavior: A Modern Reappraisal
296 (J. Marmor ed., 1980) ............................. 8

I. Rivers et al., Victimization, Social
Support, and Psychosocial
Functioning Among Children of
Same-Sex and Opposite-Sex
Couples in the United Kingdom, 44
Developmental Psychol. 127 (2008) ............. 19-20

G.I. Roisman et al., Adult Romantic
Relationships as Contexts for
Human Development: A
Multimethod Comparison of Same-
Sex Couples with Opposite-Sex
Dating, Engaged, and Married
Dyads, 44 Developmental Psychol.
91 (2008) ........................................................ 13

M.J. Rosenfeld, Nontraditional
Families and Childhood Progress
through School, 47 Demography
755 (2010) ........................................... 17, 18, 22, 28

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xxi

M.J. Rosenfeld, Reply to Allen et al.,
Demography (Nov. 18, 2012)
(published online, DOI
10.1007/s13524-012-0170-4) ......................... 31

Same-Sex Unmarried Partner or
Spouse Households by Sex of
Householder by Presence of Own
Children: 2010 Census and 2010
American Community Survey,
available at
http://www.census.gov/hhes/sames
ex/files/supp-table-AFF.xls. .......................... 13, 14

S. Sarantakos, Children in Three
Contexts: Family, Education, and
Social Development, 21 Child.
Australia 23 (1996) ....................................... 24

D.E. Sherkat, The Editorial Process
and Politicized Scholarship:
Monday Morning Editorial
Quarterbacking and a Call for
Scientific Vigilance, 41 Soc. Sci.
Res. 1346 (2012) ............................................ 33

J. Stacey & T.J. Biblarz, (How) Does
the Sexual Orientation of Parents
Matter?, 66 Am. Soc. Rev. 159
(2001) ....................................................... 18, 19, 20

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xxii

E.L. Sutfin et al., How Lesbian and
Heterosexual Parents Convey
Attitudes about Gender to their
Children: The Role of Gendered
Environments, 58 Sex Roles 501
(2008) ............................................................. 21, 23

C.J. Telingator & C.J. Patterson,
Children and Adolescents of
Lesbian and Gay Parents, 47 J.
Am. Acad. Child & Adolescent
Psychiatry 1364 (2008) ................................. 18

The Family Context of Parenting in
Children’s Adaptation to
Elementary School (P.A. Cowan et
al. eds., 2005) ................................................. 17

J.L. Wainright et al., Psychosocial
Adjustment, School Outcomes, and
Romantic Relationships of
Adolescents With Same-Sex
Parents, 75 Child Dev. 1886 (2009) ........ 18, 21, 28

J.L. Wainright & C.J. Patterson,
Delinquency, Victimization, and
Substance Use Among Adolescents
With Female Same-Sex Parents,
20 J. Fam. Psychol. 526 (2006) ............... 20, 27, 28

J.L. Wainright & C.J. Patterson, Peer
Relations Among Adolescents With
Female Same-Sex Parents, 44
Developmental Psychol. 117 (2008) ....... 21, 27, 28

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1


INTEREST OF AMICI CURIAE
1

The American Psychological Association, the
world’s largest professional association of
psychologists, is a scientific and educational
organization dedicated to increasing and
disseminating psychological knowledge. The
Association has adopted multiple research-based
policy statements supporting the rights of gay and
lesbian people, including a 2011 policy statement
supporting full marriage equality and calling on the
federal government “to extend full recognition to
legally married same-sex couples, and to accord them
all of the rights, benefits, and responsibilities that it
provides to legally married different-sex couples.”
Am. Psychol. Ass’n, Resolution on Marriage Equality
For Same-Sex Couples (2011), available at http://
www.apa.org/about/policy/same-sex.pdf.
The American Medical Association (AMA) is the
largest professional association of physicians,
residents, and medical students in the United States,
substantially all of whom are represented in the
AMA’s policy making process. The objectives of the
AMA are to promote the science and art of medicine
and the betterment of public health. Its policies
regarding gay and lesbian issues promote those
objectives.
The American Academy of Pediatrics (AAP) is the
largest professional association of pediatricians in

1
No party’s counsel authored this brief in whole or in part, and
no party or a party’s counsel nor any other person other than
the Amici contributed money that was intended to fund
preparing or submitting the brief.
Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 25 of 61




2


the world, with over 62,000 members. Through
education, research, advocacy, and the provision of
expert advice, AAP seeks the optimal physical,
mental, and social health and well-being for infants,
children, adolescents, and young adults. The AAP
supports marriage equality for all capable and
consenting couples, including those who are of the
same gender, as a means of guaranteeing all federal
and state rights and benefits, and long term security
for their children.
The American Psychiatric Association is the
Nation’s largest organization of physicians
specializing in psychiatry. It joins this brief for the
reasons expressed in its 2005 position statement,
Support of Legal Recognition of Same-Sex Civil
Marriage, available at http://www.psych.org/
Departments/EDU/Library/ APAOfficialDocuments
andRelated/PositionStatements/200502.aspx (“In the
interest of maintaining and promoting mental
health, the American Psychiatric Association
supports the legal recognition of same-sex marriage
with all rights, benefits, and responsibilities
conferred by civil marriage, and opposes restrictions
to those same rights, benefits, and responsibilities.”).
The American Psychoanalytic Association is the
oldest and largest national psychoanalytic
membership organization, with more than 3,500
members and associates. It believes that marriage is
a basic human right and that same gender couples
should be able to share equally in the rights and
responsibilities of civil marriage.
The California Medical Association (CMA) is a non-
profit association of approximately 37,000 California
physicians working to promote the science and art of
Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 26 of 61




3


medicine, the care and well-being of patients, the
protection of public health, and the betterment of the
medical profession. Toward such ends, the CMA
supports efforts to reduce health care disparities
among members of same-sex households, including
measures to afford such households equal rights and
privileges to health care, health insurance, and
survivor benefits.
The National Association of Social Workers
(NASW) is the largest association of professional
social workers in the world, with nearly 140,000
members. NASW develops policy statements on
issues of importance to the social work profession
and, consistent with those statements, NASW and its
New York State and New York City Chapters (also
Amici herein) support full social and legal acceptance
of lesbian, gay, and bisexual people.
With more than 2500 members, the New York
State Psychological Association seeks to advance the
science and practice of psychology as a means of
promoting human welfare by supporting excellence
in education, training, research, advocacy, and
service.
All parties have consented to the filing of this brief.
INTRODUCTION AND SUMMARY
The floor debate on the Defense of Marriage Act
(“DOMA”) evidences a generalized congressional
disapproval of homosexuality. 142 Cong. Rec. H7444
(daily ed. July 11, 1996) (statement of Rep. Coburn);
142 Cong. Rec. H7486 (daily ed. July 12, 1996)
(statement of Rep. Buyer); id. at H7494 (statement of
Rep. Smith) (“‘immoral,’ ‘depraved,’ ‘unnatural,’
‘based on perversion,’ and ‘an attack upon God’s
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4


principles.’”). Other statements in the debate reflect
a belief that permitting homosexuals to marry would
harm the institution of marriage and be inimical to
the welfare of children of same sex couples. For
example, one Representative said that it is a
“fundamental, unavoidable fact of our human
nature” that heterosexual marriage is “the ideal
structure within which” to raise children. Defense of
Marriage Act: Hearing Before the Subcomm. on the
Constitution of the H. Comm. on the Judiciary, 104th
Cong. 1 (1996) (statement of Rep. Canady,
Chairman, H. Subcomm. on the Constitution).
Another said that heterosexual marriage is “uniquely
capable of * * * nurturing children.” Id. at 1-2.
Another said that the bill will deter “erosion of the
family and the erosion of marriage because marriage
is the bond that keeps the family together.” Id. at 33
(statement of Rep. Sensenbrenner, Member, H.
Comm. on the Judiciary). And yet another, quoting
the Declaration of Independence, said that the bill
reflects “truths that are self-evident.” Id. at 36
(statement of Rep. Inglis, Member, H. Subcomm. on
the Constitution).
These statements stand in sharp contrast to what
scientific evidence shows about homosexuality, same-
sex couples, and their families. Scientific evidence
strongly supports the conclusion that homosexuality
is a normal expression of human sexuality; that most
gay, lesbian, and bisexual adults do not experience
their sexual orientation as a choice; that gay and
lesbian people form stable, committed relationships
that are equivalent to heterosexual relationships in
essential respects; and that same-sex couples are no
less fit than heterosexual parents to raise children
and their children are no less psychologically healthy
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5


and well-adjusted than children of heterosexual
parents. In short, the claim that legal recognition of
marriage for same-sex couples undermines the
institution of marriage and harms their children is
inconsistent with the scientific evidence.
The body of research presented below demonstrates
that discrimination by the federal government
between married same-sex couples and married
heterosexual couples in awarding benefits unfairly
stigmatizes same-sex couples. The research also
contravenes the stereotype-based rationales that
were advanced to support passage of DOMA and that
the Equal Protection component of the Due Process
Clause was designed to prohibit.
ARGUMENT
I. The Scientific Evidence Presented in This Brief.
Representing the leading associations of
psychological, psychiatric, medical, and social work
professionals, Amici have sought in this brief to
present an accurate and responsible summary of the
current state of scientific and professional knowledge
concerning sexual orientation and families relevant
to this case.
In drawing conclusions, Amici rely on the best
empirical research available, focusing on general
patterns rather than any single study. Before citing
a study herein, Amici have critically evaluated its
methodology, including the reliability and validity of
the measures and tests it employed, and the quality
of its data-collection procedures and statistical
analyses.
Scientific research is a cumulative process and no
empirical study is perfect in its design and execution.
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6


Even well-executed studies may be limited in their
implications and the generalizability of their
findings.
2
Accordingly, Amici base their conclusions
as much as possible on general patterns rather than
any single study.
All scientific studies can be constructively
criticized, and scientists continually try to identify
ways to improve and refine their own work and that
of their colleagues. Thus, many studies cited herein
discuss their limitations and provide suggestions for
further research. This is consistent with the

2
For example, to confidently describe the prevalence or
frequency with which a phenomenon occurs in the population at
large, it is necessary to collect data from a “probability” or
“representative” sample. A probability sample consists of
individuals selected from the study population through a
process that gives each member of the population a calculable
chance of being included. Nonprobability samples do not give
all members of the study population a chance of being
included—such as, for example, a study of voters that relies on
volunteers who phone in to a telephone number advertised in a
newspaper. Case studies and nonprobability samples can be
used to document the existence of a phenomenon in the study
population. For studies of groups that constitute a relatively
small proportion of the population, obtaining a probability
sample can be extremely expensive or otherwise not feasible.
Consequently, researchers studying such groups may rely on
nonprobability samples. If they wish to compare members of
the smaller group with members of the majority group (e.g.,
lesbian mothers with heterosexual mothers), they may recruit
nonprobability samples of both groups that are matched on
relevant characteristics (e.g., educational level, age, income).
Regardless of the sampling method used, greater confidence can
be placed in findings that have been replicated by others using
different samples.
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7


scientific method and does not impeach the overall
conclusions.
Most of the studies and literature reviews cited
herein have been peer-reviewed and published in
reputable academic journals. In addition, other
academic books, book chapters, and technical
reports, which typically are not subject to the same
peer-review standards as journal articles, are
included when they report research employing
rigorous methods, are authored by well-established
researchers, and accurately reflect professional
consensus about the current state of knowledge.
Amici have made a good faith effort to include all
relevant studies and have not excluded any study
because of its findings.
II. Homosexuality Is a Normal Expression of
Human Sexuality, Is Generally Not Chosen, and
Is Highly Resistant to Change.
Sexual orientation refers to an enduring disposition
to experience sexual, affectional, and/or romantic
attractions to one or both sexes. It also encompasses
an individual’s sense of personal and social identity
based on those attractions, on behaviors expressing
those attractions, and on membership in a
community of others who share those attractions and
behaviors.
3
Although sexual orientation ranges

3
See A.R. D’Augelli, Sexual Orientation, in 7 Am. Psychol.
Ass’n, Encyclopedia of Psychology 260 (A.E. Kazdin ed., 2000);
G.M. Herek, Homosexuality, in 2 The Corsini Encyclopedia of
Psychology 774-76 (I.B. Weiner & W.E. Craighead eds., 4th ed.
2010); Institute of Medicine, The Health of Lesbian, Gay,
Bisexual, and Transgender People: Building a Foundation for
Better Understanding (2011).
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8


along a continuum from exclusively heterosexual to
exclusively homosexual, it is usually discussed in
three categories: heterosexual (having sexual and
romantic attraction primarily or exclusively to
members of the other sex), homosexual (having
sexual and romantic attraction primarily or
exclusively to members of one’s own sex), and
bisexual (having a significant degree of sexual and
romantic attraction to both sexes).
Although homosexuality was classified as a mental
disorder when the American Psychiatric Association
published the first Diagnostic and Statistical Manual
of Mental Disorders in 1952, only five years later a
study sponsored by the National Institute of Mental
Health found no evidence to support the
classification.
4
On the basis of that study and others
demonstrating that the original classification
reflected social stigma rather than science,
5
the
American Psychiatric Association declassified
homosexuality as a mental disorder in 1973. In
1974, the American Psychological Association
adopted a policy reflecting the same conclusion. For
decades, then, the consensus of mental health
professionals and researchers has been that
homosexuality and bisexuality are normal

4
E. Hooker, The Adjustment of the Male Overt Homosexual, 21
J. Projective Techs. 18 (1957).
5
B.F. Riess, Psychological Tests in Homosexuality, in
Homosexual Behavior: A Modern Reappraisal 296 (J. Marmor
ed., 1980); J.C. Gonsiorek, The Empirical Basis for the Demise
of the Illness Model of Homosexuality, in Homosexuality:
Research Implications for Public Policy 115 (J.C. Gonsiorek &
J.D. Weinrich eds., 1991).
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9


expressions of human sexuality and pose no inherent
obstacle to leading a happy, healthy, and productive
life, and that gay and lesbian people function well in
the full array of social institutions and interpersonal
relationships.
6

Most gay men and lesbians do not experience their
sexual orientation as resulting from a voluntary
choice. In a U.S. national probability sample of 662
self-identified lesbian, gay, and bisexual adults, 88%
of gay men and 68% of lesbians reported feeling they
had no choice at all about their sexual orientation,
while another 7% of gay men and 15% of lesbians
reported only a small amount of choice. Only 5% of
gay men and 16% of lesbians felt they had a fair
amount or a great deal of choice.
7

Several amici supporting DOMA challenge the
conclusion that for most people sexual orientation is
not a matter of choice, but they offer no credible
scientific support for their position.
8
Moreover,

6
See, e.g., Am. Psychiatric Ass’n, Position Statement:
Homosexuality and Civil Rights (1973), in 131 Am. J.
Psychiatry 497 (1974); Am. Psychol. Ass’n, Minutes of the
Annual Meeting of the Council of Representatives, 30 Am.
Psychologist 620, 633 (1975).
7
G. Herek et al., Demographic, Psychological, and Social
Characteristics of Self-Identified Lesbian, Gay, and Bisexual
Adults in a US Probability Sample, 7 Sexuality Res. & Soc.
Pol’y 176 (2010). See also G. Herek et al., Internalized Stigma
Among Sexual Minority Adults: Insights From a Social
Psychological Perspective, 56 J. Counseling Psychol. 32 (2009).
8
See Amicus Br. of Liberty Counsel, at 30-31; Amicus Br. of
David Boyle, at 35; Amicus Br. of Parents and Friends of Ex-
Gays and Gays, passim; Amicus Br. of Family Research
Council, at 22-23; Amicus Br. of Dr. Paul McHugh, at 14-28.
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10


although some groups and individuals have offered
clinical interventions that purport to change sexual
orientation from homosexual to heterosexual—
sometimes called “conversion” therapies—these
interventions have not been shown to be effective or
safe. A review of the scientific literature by an
American Psychological Association task force
concluded that sexual orientation change efforts are
unlikely to succeed and indeed can be harmful.
9

All major national mental health organizations—
including Amici—have adopted policy statements
cautioning the profession and the public about
treatments that purport to change sexual
orientation.
10


9
Am. Psychol. Ass’n, Report of the American Psychological
Association Task Force on Appropriate Therapeutic Responses
to Sexual Orientation (2009); see also Am. Psychol. Ass’n,
Resolution on Appropriate Affirmative Responses to Sexual
Orientation Distress and Change Efforts (2009), both available
at http://www.apa.org/pi/lgbt/resources/sexual-orientation.aspx.
10
See Am. Psychol. Ass’n, Resolution, supra note 9; Am.
Psychiatric Ass’n, Position Statement: Psychiatric Treatment
and Sexual Orientation (1998), available at http://www.
psych.org/Departments/EDU/Library/APAOfficialDocuments
andRelated/PositionStatements/199820.aspx; Am. Ass’n for
Marriage & Fam. Therapy, Reparative/Conversion Therapy
(2009), available at http://www.aamft.org/iMIS15/AAMFT/
MFT_Resources/Content/Resources/Position_On_Couples.aspx;
Am. Med. Ass’n, Policy H-160.991, Health Care Needs of the
Homosexual Population, available at http://www.ama-
assn.org/ama/pub/about-ama/our-people/member-groups-
sections/glbt-advisory-committee/ama-policy-regarding-sexual-
orientation.page; Nat’l Ass’n of Soc. Workers, Position
Statement: “Reparative” and “Conversion” Therapies for
Lesbians and Gay Men (2000), available at http://www.naswdc.

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11


III. Sexual Orientation and Relationships.
Sexual orientation is commonly discussed as a
characteristic of the individual, like biological sex or
age. This perspective is incomplete because sexual
orientation necessarily involves relationships with
other people. Sexual acts and romantic attractions
are categorized as homosexual or heterosexual
according to the biological sex of the individuals
involved in them, relative to each other. Indeed, it is
only by acting with another person—or desiring to
act—that individuals express their heterosexuality,
homosexuality, or bisexuality. Thus, sexual
orientation is integrally linked to the intimate
personal relationships that human beings form with
others to meet their deeply felt needs for love,
attachment, and intimacy. One’s sexual orientation
defines the universe of persons with whom one is
likely to find the satisfying and fulfilling
relationships that, for many individuals, comprise an
essential component of personal identity.
Like heterosexuals, most gay and lesbian people
want to form stable, long-lasting relationships,
11
and

org/diversity/lgb/reparative.asp; Am. Psychoanalytic Ass’n,
Position Statement: Attempts to Change Sexual Orientation,
Gender Identity, or Gender Expression (2012), available at
http://www.apsa.org/about_apsaa/position_statements/attempts
_to_change_sexual_orientation.aspx; B.L. Frankowski, Sexual
Orientation and Adolescents, 113 Pediatrics 1827 (2004).
11
In a 2005 U.S. national probability sample of 662 self-
identified lesbian, gay, and bisexual adults, of those who were
currently in a relationship, 78% of the gay men and 87% of the
lesbian women said they would marry their partner if it was
legal, and, of those not currently in a relationship, 34% of gay

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12


many of them do: numerous studies using
nonprobability samples of gay and lesbian people
have found that the vast majority of participants
have been in a committed relationship at some point
in their lives, that large proportions are currently in
such a relationship (40-70% of gay men and 45-80%
of lesbian women), and that many of those couples
have been together 10 or more years.
12
Survey data
from probability samples support these findings.
13


men and 46% of lesbian women said that they would like to
marry someday. Herek et al., Demographic, supra note 7. See
also Henry J. Kaiser Fam. Found., Inside-OUT: A Report on
the Experiences of Lesbians, Gays and Bisexuals in America
and the Public’s Views on Issues and Policies Related to Sexual
Orientation 31 (2001), available at http://www.kff.org
/kaiserpolls/upload/New-Surveys-on-Experiences-of-Lesbians-
Gays-and-Bisexuals-and-the-Public-s-Views-Related-to-Sexual-
Orientation-Report.pdf; A.R. D’Augelli et al., Lesbian and Gay
Youth’s Aspirations for Marriage and Raising Children, 1 J.
LGBT Issues Counseling 77 (2007).
12
See A.W. Fingerhut & L.A. Peplau, Same-Sex Romantic
Relationships, in Handbook of Psychology and Sexual
Orientation 165 (C.J. Patterson & A.R. D’Augelli eds., 2013);
L.A. Peplau & A.W. Fingerhut, The Close Relationships of
Lesbians and Gay Men, 58 Ann. Rev. Psychol. 405 (2007); L.A.
Peplau & N. Ghavami, Gay, Lesbian, and Bisexual
Relationships, in Enclyclopedia of Human Relationships (H.T.
Reis & S. Sprecher eds., 2009).
13
Herek et al., Demographic, supra note 7; T.C. Mills et al.,
Health-Related Characteristics of Men Who Have Sex with
Men: A Comparison of Those Living in “Gay Ghettos” with
Those Living Elsewhere, 91 Am. J. Pub. Health 980, 982 (Table
1) (2001); S.D. Cochran et al., Prevalence of Mental Disorders,
Psychological Distress, and Mental Services Use Among
Lesbian, Gay, and Bisexual Adults in the United States, 71 J.
Consulting & Clinical Psychol. 53, 56 (2003); Henry J. Kaiser
Fam. Found., supra note 11.
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13


Data from the 2010 US Census show that same-sex
couples headed more than 600,000 US households
and more than 45,000 in New York.
14

Empirical research demonstrates that the
psychological and social aspects of committed
relationships between same-sex partners largely
resemble those of heterosexual partnerships. Like
heterosexual couples, same-sex couples form deep
emotional attachments and commitments.
Heterosexual and same-sex couples alike face similar
issues concerning intimacy, love, equity, loyalty, and
stability, and they go through similar processes to
address those issues.
15
Empirical research also
shows that gay and lesbian couples have levels of
relationship satisfaction similar to or higher than
those of heterosexual couples.
16


14
Same-Sex Unmarried Partner or Spouse Households by Sex
of Householder by Presence of Own Children: 2010 Census and
2010 American Community Survey, available at http://www.
census.gov/hhes/samesex/files/supp-table-AFF.xls.
15
L.A. Kurdek, Change in Relationship Quality for Partners
from Lesbian, Gay Male, and Heterosexual Couples, 22 J. Fam.
Psychol. 701 (2008); L.A. Kurdek, Are Gay and Lesbian
Cohabiting Couples Really Different from Heterosexual
Married Couples?, 66 J. Marriage & Fam. 880 (2004); G.I.
Roisman et al., Adult Romantic Relationships as Contexts for
Human Development: A Multimethod Comparison of Same-Sex
Couples with Opposite-Sex Dating, Engaged, and Married
Dyads, 44 Developmental Psychol. 91 (2008); see generally L.A.
Kurdek, What Do We Know About Gay and Lesbian Couples?,
14 Current Directions Psychol. Sci. 251 (2005); Peplau &
Fingerhut, supra note 12; Peplau & Ghavami, supra note 12.
16
K.F. Balsam et al., Three-Year Follow-Up of Same-Sex
Couples Who Had Civil Unions in Vermont, Same-Sex Couples
Not in Civil Unions, and Heterosexual Married Couples, 44

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14


IV. The Children of Same-Sex Couples.
A. Many Same-Sex Couples Are Raising
Children.
The 2010 Census reported 111,033 households
headed by same-sex couples with their own children
under 18 years. Among the more than 45,000 New
York household heads who reported cohabiting with
a same-sex partner, 8,025 had their own children
under 18 living at home.
17
The number of same-sex
couple households reported by the Census is not an
estimate of the total number of gay and lesbian
parents.
18

B. The Factors That Affect The Adjustment of
Children Are Not Dependent on Parental
Gender or Sexual Orientation.
Hundreds of studies over the past 30 years have
elucidated the factors that are associated with
healthy adjustment among children and
adolescents—i.e., the influences that allow children

Developmental Psychol. 102 (2008); Kurdek, Change in
Relationship Quality, supra note 15; L.A. Peplau & K.P. Beals,
The Family Lives of Lesbians and Gay Men, in Handbook of
Family Communication 233, 236 (A.L. Vangelisti ed., 2004).
17
2010 Census and 2010 American Community Survey, supra
note 14.
18
The Census does not directly assess participants’ sexual
orientation. Thus, the Census data only include gay and
lesbian parents who were co-habiting with a same sex partner
and who were willing to report their relationship status to the
Census. 2010 Census and 2010 American Community Survey,
supra note 14.
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15


and adolescents to function well in their daily lives.
19

The three most important are (1) the qualities of
parent-child relationships, (2) the qualities of
relationships among significant adults (e.g., parents)
in children’s or adolescents’ lives, and (3) available
economic and other resources. As one noted
authority in developmental psychology explained:
Many studies have shown that adjustment
is largely affected by differences in the
quality of parenting and parent-child
relationships, the quality of the
relationships between the parents, and the
richness of the economic and social
resources available to the family; more
recent research signals the importance of
congenital differences as well. Dimensions
of family structure – including such factors
as divorce, single parenthood, and the
parents’ sexual orientation – and biological
relatedness between parents and children
are of little or no predictive importance once
the process variables are taken into account,

19
S. Golombok, Parenting: What Really Counts? (2000); M.E.
Lamb & C. Lewis, The Role of Parent-Child Relationships in
Child Development, in Developmental Science: An Advanced
Textbook 429-68 (M.H. Bornstein & M.E. Lamb eds., 5th ed.
2005); C.J. Patterson, & P.D. Hastings, Socialization in the
Context of Family Diversity, in Handbook of Socialization:
Theory and Research 328-51 (J.E. Grusec & P.D. Hastings eds.,
2007).
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16


because the same factors explain child
adjustment regardless of family structure.
20

In short, many years of research have shown that,
when parent-child and parent-adolescent
relationships are characterized by warmth, love and
affection, emotional commitment, reliability, and
consistency, as well as by appropriate guidance and
limit-setting, children and adolescents are likely to
show more positive adjustment than when these
qualities are absent. Children whose parents
provide loving guidance in the context of secure
home environments are more likely to flourish,
regardless of their parents’ sexual orientation.
21

Research also shows that the quality of
relationships among significant adults in a child’s
life is associated with adjustment. When parental
relationships are characterized by love, warmth,
cooperation, security, and mutual support, children
are more likely to show positive adjustment. In
contrast, when parental relationships are conflict-
ridden and acrimonious, adjustment is likely to be
less favorable. Family instability, household
disruption, and parental divorce are often associated
with poorer adjustment and problems that can last
into adulthood.
22
These correlations are just as true

20
M.E. Lamb, Mothers, Fathers, Families, and Circumstances:
Factors Affecting Children’s Adjustment, 16 Applied
Developmental Sci. 98 (2012).
21
Lamb & Lewis, supra note 19; Patterson & Hastings, supra
note 19.
22
See, e.g., P.R. Amato, Children of Divorce in the 1990s: An
Update of the Amato and Keith (1991) Meta-Analysis, 15 J.
Fam. Psychol. 355 (2001).
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17


for children reared by same-sex couples as for
children reared by heterosexual couples.
23

Research with children reared by heterosexual
parents indicates that they do better with two
parenting figures than with one.
24
This finding,
however, has not been tested directly with children
reared by same-sex couples versus a single lesbian,
gay, or bisexual parent.
Finally, researchers acknowledge the association
between child adjustment and access to economic
and other resources. Children with access to
sufficient economic resources are likely to live in
safer neighborhoods, breathe cleaner air, and eat
more nutritious food. They are also more likely to
have opportunities to participate in positive after-
school activities and hence to have access to social
and emotional resources from teammates, coaches,
youth leaders, and others. These children are more

23
The Family Context of Parenting in Children’s Adaptation to
Elementary School (P.A. Cowan et al. eds., 2005); R.W. Chan et
al., Psychosocial Adjustment Among Children Conceived Via
Donor Insemination By Lesbian and Heterosexual Mothers, 69
Child Dev. 443 (1998); E.M. Cummings et al., Children’s
Responses to Everyday Marital Conflict Tactics in the Home, 74
Child Dev. 1918 (2003); E.M. Cummings et al., Everyday
Marital Conflict and Child Aggression, 32 J. Abnormal Child
Psychol. 191 (2004); Golombok, supra note 19; D. Potter, Same-
Sex Parent Families and Children’s Academic Achievement, 74
J. Marriage & Fam. 556 (2012); M.J. Rosenfeld, Nontraditional
Families and Childhood Progress Through School, 47
Demography 755 (2010).
24
See, e.g., S. McLanahan & G. Sandefur, Growing Up With a
Single Parent: What Hurts, What Helps 39 (1994).
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18


likely to show positive adjustment, regardless of
their parents’ sexual orientation.
25

In short, the very same factors that are linked to
positive development of children with heterosexual
parents are also linked to positive development of
children with lesbian and gay parents.
26

C. There Is No Scientific Basis for Concluding
That Gay and Lesbian Parents Are Any Less
Fit or Capable Than Heterosexual Parents, or
That Their Children Are Any Less
Psychologically Healthy and Well Adjusted.
Assertions that heterosexual couples are better
parents than same-sex couples, or that the children
of lesbian or gay parents fare worse than children of
heterosexual parents, are not supported by the
cumulative scientific research in this area.
27
Rather,

25
Neighborhood Poverty: Context and Consequences for
Children (J. Brooks-Gunn et al. eds., 1997); Consequences of
Growing Up Poor (G.J. Duncan & J. Brooks-Gunn eds., 1997);
Patterson & Hastings, supra note 19; Potter, supra note 23;
Rosenfeld, supra note 23.
26
See Chan et al., supra note 23; C.J. Patterson, Lesbian and
Gay Parents and Their Children: A Social Science Perspective,
in Contemporary Perspectives on Lesbian, Gay, and Bisexual
Identities, Nebraska Symposium on Motivation 141 (D.A. Hope
ed., 2009); J. Stacey & T.J. Biblarz, (How) Does the Sexual
Orientation of Parents Matter?, 66 Am. Soc. Rev. 159 (2001);
C.J. Telingator & C.J. Patterson, Children and Adolescents of
Lesbian and Gay Parents, 47 J. Am. Acad. Child & Adolescent
Psychiatry 1364 (2008); J.L. Wainright et al., Psychosocial
Adjustment, School Outcomes, and Romantic Relationships of
Adolescents With Same-Sex Parents, 75 Child Dev. 1886 (2004).
27
The research on gay, lesbian, and bisexual parents includes
dozens of empirical studies. Their findings are summarized in

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19


the vast majority of scientific studies that have
directly compared gay and lesbian parents with
heterosexual parents has consistently shown that the
former are as fit and capable parents as the latter
and that their children are as psychologically healthy
and well adjusted. More research has focused on
lesbian mothers than on gay fathers,
28
but the

reviews of empirical literature published in respected, peer-
reviewed journals and academic books. Recent reviews include
T.J. Biblarz & J. Stacey, How Does the Gender of Parents
Matter?, 72 J. Marriage & Fam. 3 (2010); A.E. Goldberg,
Lesbian and Gay Parents and Their Children: Research on the
Family Life Cycle (2010); C.J. Patterson, Family Lives of
Lesbian and Gay Adults, in Handbook of Marriage and the
Family 659, 668-71 (G.W. Peterson & K.R. Bush eds., 3d ed.
2013); C.J. Patterson, Children of Lesbian and Gay Parents:
Psychology, Law, and Policy, 64 Am. Psychologist 727 (2009).
For earlier reviews, see, e.g., Stacey & Biblarz, supra note 26;
E.C. Perrin & Comm. on Psychosocial Aspects of Child & Fam.
Health, Technical Report: Coparent or Second-Parent Adoption
by Same-Sex Parents, 109 Pediatrics 341 (2002); C.J. Patterson,
Family Relationships of Lesbians and Gay Men, 62 J. Marriage
& Fam. 1052 (2000); N. Anderssen et al., Outcomes for Children
with Lesbian or Gay Parents: A Review of Studies from 1978 to
2000, 43 Scand. J. Psychol. 335 (2002).
28
See, e.g., H. Bos & T.G.M. Sandfort, Children’s Gender
Identity in Lesbian and Heterosexual Two-Parent Families, 62
Sex Roles 114 (2010); R.H. Farr et al., Parenting and Child
Development in Adoptive Families: Does Parental Sexual
Orientation Matter?, 14 Applied Developmental Sci. 164, 176
(2010); S. Golombok et al., Children with Lesbian Parents: A
Community Study, 39 Developmental Psychol. 20 (2003); I.
Rivers et al., Victimization, Social Support, and Psychosocial
Functioning Among Children of Same-Sex and Opposite-Sex
Couples in the United Kingdom, 44 Developmental Psychol.
127 (2008); J.L. Wainright & C.J. Patterson, Delinquency,

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20


published studies that have included gay fathers also
find that they are as fit and able parents as
heterosexual fathers.
29

A 2001 comprehensive survey of peer-reviewed
scientific studies concluded that the evidence from
empirical research “shows that parental sexual
orientation per se has no measurable effect on the
quality of parent-child relationships or on children’s
mental health or social adjustment.”
30
A more recent
review by the same authors noted “the ubiquitous
findings of no differences” in comparisons of the
families of heterosexual couples to those of lesbian or
gay couples, but focused on the relatively small
number of differences that have been reported,
concluding that overall the differences were positive
for the families of same-sex couples at least as often
as they were for the families of heterosexual
couples.
31


Victimization, and Substance Use Among Adolescents With
Female Same-Sex Parents, 20 J. Fam. Psychol. 526 (2006).
29
Farr et al., supra note 28, at 176; see also S. Erich et al., Gay
and Lesbian Adoptive Families: An Exploratory Study of
Family Functioning, Adoptive Child’s Behavior, and Familial
Support Networks, 9 J. Fam. Soc. Work 17 (2005); S. Erich et
al., A Comparative Analysis of Adoptive Family Functioning
with Gay, Lesbian, and Heterosexual Parents and Their
Children, 1 J. GLBT Fam. Stud. 43 (2005). For a review of
earlier research, see C.J. Patterson, Gay Fathers, in The Role of
the Father in Child Development 397, 413 (M.E. Lamb ed., 4th
ed. 2004).
30
Stacey & Biblarz, supra note 26, at 176.
31
Biblarz & Stacey, supra note 27, at 13; see also E.L. Sutfin et
al., How Lesbian and Heterosexual Parents Convey Attitudes

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21


These conclusions are bolstered by three recent
studies using national probability (i.e.,
representative) samples. One used data from the
National Longitudinal Study of Adolescent Health to
compare adolescents parented by a female couple
with adolescents parented by a heterosexual couple.
The researchers found no differences between the
two groups of adolescents on measures of a large
number of key variables, including psychosocial
adjustment, school outcomes, substance use,
delinquency, victimization experiences, and
relationships with peers.
32

Another study used data from the Early Childhood
Longitudinal Study – Kindergarten cohort (ECLS-K)
to compare the academic achievement of children
growing up in various family structures. When the
effects of significant family transitions (e.g., related
to parental divorce, separation, or death) were taken
into account, children in same-sex family structures
showed slightly higher achievement levels than
children living with their biological mother and

about Gender to their Children: The Role of Gendered
Environments, 58 Sex Roles 501 (2008) (finding that the
children of lesbian mothers were more tolerant of other children
engaging in behaviors that violate traditional gender norms).
Similarly, a recent report by the National Academy of Sciences’
Institute of Medicine concluded that “[s]tudies show that [the
children of lesbian and gay parents] are well adjusted and
developmentally similar to the children of different-sex
parents.” Institute of Medicine, supra note 3, at 234.
32
J.L. Wainright & C.J. Patterson, Peer Relations Among
Adolescents With Female Same-Sex Parents, 44 Developmental
Psychol. 117 (2008); Wainright & Patterson, supra note 28;
Wainright et al., supra note 26.
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22


father (although this difference was not statistically
significant).
33

In the third study, US Census data were used to
compare educational outcomes among children
residing in homes with various types of family
structure. When differences in household income
and parental educational levels (SES) were
statistically controlled, the differences in school
progress between children of married heterosexual
couples and same-sex cohabiting couples were not
statistically significant. As the study’s author
concluded, “[t]he analysis in this article, the first to
use large-sample nationally representative data,
shows that children raised by same-sex couples have
no fundamental deficits in making normal progress
through school.”
34

Studies also show that children with gay or lesbian
parents do not differ from the children of
heterosexual parents in their gender identity (one’s
psychological sense of being male or female).
35

Similarly, although some studies have found that
children of lesbian mothers or children raised in
same-sex parent families were more accepting of

33
Potter, supra note 23. Data about parents’ sexual orientation
were not collected in the study. Consequently, parental sexual
orientation and relationship were inferred from a series of
questions about the household composition and caretakers.
34
Rosenfeld, supra note 23.
35
E.g., Bos & Sandfort, supra note 28. For literature reviews,
see Goldberg, supra note 27; Patterson, Family Lives, supra
note 27; Perrin & Comm., supra note 27, at 342.
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23


gender nonconformity in others
36
and less gender-
stereotyped or more flexible in their patterns of
gender-role behaviors (e.g., during play
37
) than those
of children in heterosexual parent families, most
published studies have found no reliable differences
between the children of lesbian and heterosexual
mothers in social gender role conformity (adherence
to cultural norms defining feminine and masculine
behavior).
38
A recent study also found that adoptive
children of gay fathers showed typical gender role
development, as did those of lesbian mothers and
those of heterosexual mothers and fathers.
39

The available evidence also suggests that parental
sexual orientation has no effect on child sexual
orientation
40
and that the vast majority of gay and

36
Sutfin et al., supra note 31; M. Fulcher et al., Individual
Differences in Gender Development: Associations with Parental
Sexual Orientation, Attitudes, and Division of Labor, 58 Sex
Roles 330 (2008).
37
A.E. Goldberg et al., Gender-Typed Play Behavior in Early
Childhood: Adopted Children with Lesbian, Gay, and
Heterosexual Parents, 67 Sex Roles 503 (2012); R. Green et al.,
Lesbian Mothers and Their Children: A Comparison with Solo
Parent Heterosexual Mothers and Their Children, 15 Archives
Sexual Behav. 167 (1986). An earlier paper (M.E. Hotvedt &
J.B. Mandel, Children of Lesbian Mothers, in Homosexuality:
Social, Psychological, and Biological Issues 275 (W. Paul et al.
eds., 1982)) reported data from the same study.
38
Farr et al., supra note 28. For reviews of the literature, see
Goldberg, supra note 27; Patterson, Family Lives, supra note
27.
39
See Farr et al., supra note 28.
40
Golombok et al., supra note 28; S. Golombok & F. Tasker, Do
Parents Influence the Sexual Orientation of Their Children?

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24


lesbian adults were raised by heterosexual parents
and the vast majority of children raised by gay and
lesbian parents grow up to be heterosexual.
41

Amici emphasize that the abilities of gay and
lesbian persons as parents and the positive outcomes
for their children are not areas where credible
scientific researchers disagree.
42
Thus, after careful
scrutiny of decades of research, the American
Psychological Association concluded in 2004 that (a)
“there is no scientific evidence that parenting
effectiveness is related to parental sexual
orientation: Lesbian and gay parents are as likely as
heterosexual parents to provide supportive and
healthy environments for their children” and (b) that

Findings from a Longitudinal Study of Lesbian Families, 32
Developmental Psychol. 3 (1996).
41
Goldberg, supra note 27; Patterson, Family Lives, supra note
27.
42
One unreplicated 1996 Australian study purports to show
deficits in lesbian and gay parents and their children. See S.
Sarantakos, Children in Three Contexts: Family, Education
and Social Development, 21 Child. Australia 23 (1996). But the
anomalous Sarantakos results are likely the result of multiple
methodological problems, especially confounding the effects of
parental sexual orientation with the effects of parental divorce,
which is known to correlate with poor adjustment and academic
performance. See, e.g., Amato, supra note 22. Some
commentators have cited publications by Paul Cameron, but his
work has been repeatedly discredited for bias and
inaccuracy. See G.M. Herek, Bad Science in the Service of
Stigma: A Critique of the Cameron Group’s Survey Studies, in
Stigma and Sexual Orientation: Understanding Prejudice
Against Lesbians, Gay Men, and Bisexuals 223 (G.M. Herek
ed., 1998); Baker v. Wade, 106 F.R.D. 526, 536 (N.D. Tex. 1985)
(ruling that Cameron made “misrepresentations” to the court).
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25


“research has shown that the adjustment,
development, and psychological well-being of
children are unrelated to parental sexual orientation
and that the children of lesbian and gay parents are
as likely as those of heterosexual parents to
flourish.” Am. Psychol. Ass’n, Resolution on Sexual
Orientation, Parents, and Children (2004), available
at http://www.apa.org/about/governance/council/
policy /parenting.pdf.
Similarly, the American Academy of Pediatrics has
recently adopted a policy statement which states:
“Scientific evidence affirms that children have
similar developmental and emotional needs, and
receive similar parenting, whether they are raised by
parents of the same or different genders. If a child
has 2 living and capable parents who choose to
create a permanent bond by way of civil marriage, it
is in the best interests of their child(ren) that legal
and social institutions allow and support them to do
so, irrespective of their sexual orientation.” Am.
Acad. of Pediatrics, Committee on Psychosocial
Aspects of Child and Family Health, Policy
Statement: Promoting the Well-Being of Children
Whose Parents are Gay or Lesbian, 131 Pediatrics
(forthcoming 2013).
NASW has similarly determined that “[t]he most
striking feature of the research on lesbian mothers,
gay fathers, and their children is the absence of
pathological findings. The second most striking
feature is how similar the groups of gay and lesbian
parents and their children are to heterosexual
parents and their children that were included in the
studies.” Nat’l Ass’n of Soc. Workers, Policy
Statement: Lesbian, Gay, and Bisexual Issues, in
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26


Social Work Speaks 193, 194 (4th ed. 1997). See also
Nat’l Ass’n of Soc. Workers, Policy Statement:
Family Planning and Reproductive Choice, in Social
Work Speaks 129, 132 (9th ed. 2012).
The American Psychoanalytic Association has
likewise determined that “[t]here is no credible
evidence that shows that a parent’s sexual
orientation or gender identity will adversely affect
the development of the child.” Am. Psychoanalytic
Ass’n, Position Statement: Parenting (2012),
available at http://www.apsa.org/about_apsaa/
position_statements/parenting.aspx.
In adopting an official Position Statement in
support of legal recognition of same-sex civil
marriage, the American Psychiatric Association
observed that “no research has shown that the
children raised by lesbians and gay men are less well
adjusted than those reared within heterosexual
relationships.” Am. Psychiatric Ass’n, Position
Statement: Support of Legal Recognition of Same-
Sex Civil Marriage (2005), available at
http://www.psych.org/Departments/EDU/
Library/APAOfficialDocumentsandRelated/PositionS
tatements/200502.aspx.
Finally, the American Medical Association likewise
has adopted a policy supporting legislative and other
reforms to allow adoption by same sex partners.
43


43
See Am. Med. Ass’n, Policy H-60.940, Partner Co-Adoption,
available at http://www.ama-assn.org/ama/pub/about-ama/our-
people/member-groups-sections/glbt-advisory-committee/ama-
policy-regarding-sexual-orientation.page.
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27


V. Challenges to the Evidence on Same-Sex
Parents by Other Amici Are Unfounded.
A. The Methodological Criticisms Fail to
Recognize the Cumulative Nature of Scientific
Research.
Scientific research is a cumulative process.
Empirical studies inevitably have limitations.
Simply because a particular study’s methodology has
imperfections or its results warrant qualifications
does not mean that the entire study should be
dismissed. Rather, it should be evaluated within the
context of the cumulative relevant research,
recognizing that some studies’ strengths can offset
other studies’ corresponding limitations.
Amici who challenge all empirical findings in this
area because some studies used small nonprobability
samples
44
ignore the fact that many findings from
those studies have been replicated in national
probability samples.
45
They also fail to acknowledge
that studies with nonprobability samples can answer
important scientific questions, especially when they
include appropriate comparison groups.
46


44
E.g., Amicus Br. of Social Science Professors, at 13-21.
45
Wainright & Patterson, Delinquency, supra note 28 (finding
no differences due to parent sexual orientation between 44
adolescents raised by same-sex couples and 44 by heterosexual
couples, all drawn from a national representative sample);
Wainright & Patterson, Peer Relations, supra note 32 (same);
Potter, supra note 23; Rosenfeld, supra note 23 (using US
Census data).
46
See supra note 2. One amicus disparages “nearly all previous
studies” because they failed to include “a married biological

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28


Moreover, amici do not claim the studies are invalid,
only that their implications are limited to “children
raised by highly educated and affluent middle to
upper class white women.”
47
Even in those studies
that are so limited, appropriate comparison across
sexual orientation groups can test the claim that
sexual orientation affects parenting, and the recent
research on national probability samples reinforces
these studies. Amici herein do not claim that all
same-sex couples will be equally effective in raising
children,
48
but rather that sexual orientation is
irrelevant to parenting outcomes.
49


family control group.” Amicus Br. of Social Science Professors,
at 25. But many studies have appropriately included such a
group, and their findings are largely consistent with the overall
patterns described herein. See, e.g., Potter, supra note 23;
Rosenfeld, supra note 23; Wainright & Patterson, Peer
Relations, supra note 32; Wainright & Patterson, Delinquency,
supra note 28; Wainright et al., supra note 26. Moreover, the
correct comparison group depends on the nature of the study.
For example, comparing children of married heterosexual
couples to children of single lesbian mothers would conflate
parent sexual orientation with number of parents. The
appropriate comparison group in such studies is the children of
single heterosexual mothers.
47
E.g., Amicus Br. of Social Science Professors, at 20.
48
E.g., factors such as access to economic resources affect child
development outcomes (note 26 above).
49
Several amici criticizing studies cited here rely on L. Marks,
Same-Sex Parenting and Children’s Outcomes: A Closer
Examination of the American Psychological Association’s Brief
on Lesbian and Gay Parenting, 41 Soc. Sci. Res. 735 (2012).
Marks opined that studies cited in an APA 2005 pamphlet (not
a brief) allow no conclusions regarding lesbian and gay
parenting. This wholesale rejection of an entire body of

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29


B. The Regnerus Study Does Not Provide
Evidence That Parental Sexual Orientation
Affects Child Development Outcomes.
Several amici base their challenge on a recent
study (“the Regnerus study”) that compared child
development outcomes across a range of family
types, including two types that were characterized as
“lesbian mother” and “gay father” families.
50
But the
study’s design precludes any meaningful conclusions
because of its overbroad definition of children raised
by gay or lesbian parents and its conflation of family
instability with any potential effects of parental
sexual orientation.
Regnerus conducted an Internet survey to identify
adults who reported believing that at some time in
their childhood their mother or father “ever ha[d] a
romantic relationship with someone of the same
sex.”
51
These individuals were placed into the
categories of “LM” (Lesbian Mother) or “GF” (Gay
Father). These labels are misleading, however,
because no data were collected to verify (1) whether
the parent actually had a homosexual orientation or
self-identified as gay or lesbian, (2) whether the
perceived romantic relationship ever in fact occurred,

research fails to recognize the realities of the nature of scientific
knowledge as discussed above. Moreover, Amici’s conclusions
drawn from those earlier studies are borne out by the research
subsequent to 2005.
50
M. Regnerus, How Different are the Adult Children of
Parents Who Have Same-Sex Relationships? Findings from the
New Family Structures Study, 41 Soc. Sci. Res. 752 (2012).
51
Id. at 756.
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30


(3) whether the assumed relationship was
continuous, episodic, or one-time only, or (4) whether
the individual reporting the relationship was
actually raised by a homosexual parent, much less a
parent in a long-term relationship with a same-sex
partner. Indeed, most participants in these groups
spent very little, if any, time being raised by a “same-
sex couple.”
52

Other participants were placed into six categories
defined by the family structure in which they grew
up—e.g., continuously married biological parents,
stepfamily, single parent. By contrast, the “Lesbian
Mother” and “Gay Father” categories were not
subdivided according to whether the children had
experienced the divorce of their parents or other
forms of household instability. Regnerus then
reported that respondents in the “Lesbian Mother”
and “Gay Father” groups displayed considerably
more problems, especially when compared to
respondents raised by their biological parents with
no disruption in their home situation.
As noted earlier, family instability and parental
divorce are often associated with poor adjustment
and problems that can last into adulthood.
53
When
data from the above-cited Early Childhood

52
Id. at 757. Only 23% of those who said their mother ever had
a same-sex romantic relationship reported they had lived in a
household with the mother’s female partner for at least 3 years.
Fewer than 2% of those who reported their father ever had a
same-sex romantic relationship said they had lived in a
household with the father’s male partner for at least 3 years,
and more than half had never done so.
53
See supra notes 22-24 and accompanying text.
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31


Longitudinal Study were adjusted to account for the
effects of such instability, an apparent deficit in
academic achievement by children raised by parents
in same-sex couples was reversed.
54
Similarly, in an
analysis of US Census data, children in families
headed by a same-sex couple were more likely to be
progressing normally in school if their home
situation had been stable over time.
55
Regnerus did
not control for such events in his analysis.
56

Indeed, the study’s design virtually ensured that
respondents from “same-sex parent” families had

54
See supra note 33 and accompanying text.
55
M.J. Rosenfeld, Reply to Allen et al., Demography (Nov. 18,
2012) (published online, DOI 10.1007/s13524-012-0170-4). See
also D.W. Allen et al., Nontraditional Families and Childhood
Progress Through School: A Comment on Rosenfeld,
Demography (Nov. 18, 2012) (published online, DOI
10.1007/s13524-012-0169-x).
56
Regnerus (joined by some amici) defends the compounding of
sexual orientation and instability as either too difficult to avoid
or justified by the possibility that same-sex relationships might
be inherently less stable than heterosexual relationships. See,
e.g., Amicus Br. of Social Science Professors, at 25-26; Amicus
Br. of the Beverly Lahaye Institute and the National Legal
Foundation, at 29-30. The first rationale has no basis—not only
could Regnerus have asked participants whether they were
raised exclusively by a same-sex couple for their first 18 years,
he did. See M. Regnerus, The New Family Structures Study,
Survey Instrument at 11-12, available at
http://www.prc.utexas.edu/nfss/documents/NFSS-Survey-
Instrument.pdf (asking participants to complete “an annual
calendar” listing “who exactly you lived with, when, and for
approximately how long,” from “when you were born until age
18”). The second rationale, even assuming that support for it
could be found, implicitly concedes that the moving force behind
the effects observed is instability, not sexual orientation.
Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 55 of 61




32


experienced less family stability than respondents
from (by definition) stable heterosexual-parent
families.
57
Of all participants in the “lesbian
mothers” category, only two were actually raised by a
lesbian couple from age 0 to 18.
58
Regnerus did not
report the corresponding number with respect to the
73 participants in the “gay fathers”" category. Given
that only 23% lived with the father and father’s
partner for even four months of their first 18 years
(and fewer than 2% for at least 3 years),
59

presumably the number who spent all 18 years in
such a family is extremely small, if not zero.
For these reasons, an independent auditor
appointed by the journal that published the articles
described it as “a non-scientific study” and concluded
it should not have been published.
60
Moreover, over

57
The intact biological family group included only participants
who were raised by married biological parents who had never
divorced, even after the participant’s childhood. Regnerus,
supra note 50, at 757.
58
M. Regnerus, Parental Same-Sex Relationships, Family
Instability, and Subsequent Life Outcomes for Adult Children:
Answering Critics of the New Family Structures Study with
Additional Analyses, 41 Soc. Sci. Res. 1367 (2012).
59
Id.
60

D.E. Sherkat, The Editorial Process and Politicized
Scholarship: Monday Morning Editorial Quarterbacking and a
Call for Scientific Vigilance, 41 Soc. Sci. Res. 1346 (2012). The
suggestion of amicus curiae the Beverly Lahaye Institute (at
25-27) that Dr. Sherkat gave the Regnerus Study a clean bill of
health is inaccurate, to say the least. He did not fault the
journal for approving the publication based on the strength of
the reviewers’ comments, but he found that the reviewers were
“scholars who should have known better [but] failed to recuse
themselves from the review process,” and did “not simply

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 56 of 61




33


200 scientists, clinicians, and academics signed a
letter to the journal's editorial board commenting on
the study’s scientific deficiencies.
61

In short, the Regnerus study sheds no light on the
parenting of stable same-sex couples—as Regnerus
(and some amici who cite him) acknowledges.
62

Suggestions to the contrary
63
are simply inaccurate.

ignore[], but lauded” “serious flaws and distortions” in the
study. Sherkat at 1347.
61
G.J. Gates et al., Letter to the editors and advisory editors of
Social Science Research, 41 Soc. Sci. Res. 1350, 1351 (2012)
(noting that the study “could not actually directly examine the
impact of having a gay or lesbian parent” because of the
“unusual method” of defining those groups, and that it “fails to
distinguish family structure and family instability,” and
concluding that “[t]he methodologies used in this paper and the
interpretation of the findings are inappropriate”).
62
Regnerus, supra note 50, at 765 (“Child outcomes in stable,
‘planned’ GLB families and those that are the product of
previous heterosexual unions are quite likely distinctive, as
previous studies’ conclusions would suggest.”); Amicus Br. of
Social Science Professors, at 24 (“[T]he suboptimal outcomes
may not be due to the sexual orientation or sexual behavior of
the parent.”).
63
See Amicus Br. of Liberty Counsel, at 39 (suggesting
Regnerus evaluated children “raised in same-sex households” in
a study that “controlled for external variables”); Amicus Br. of
Manhattan Declaration, at 9 n.13 (same); Amicus Br. of Helen
M. Alvaré, at 20 (same); Amicus Br. of National Association of
Evangelicals et al., at 12-13 & n.5 (same).
Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 57 of 61




34


VI. Denying Federal Recognition to Legally
Married Same-Sex Couples Stigmatizes Them.
The foregoing shows that the beliefs about lesbians
and gay men relied on by Congress in enacting
DOMA—about their capacity for committed, long
lasting relationships, and their ability to raise
healthy well-adjusted children—are contradicted by
the scientific evidence and instead reflect an
unreasoned antipathy towards an identifiable
minority. In institutionalizing greater access by
heterosexuals than gay men and lesbians to the
many federal resources and benefits accorded
married couples and their children, the Act conveys
the federal government’s judgment that committed
intimate relationships between people of the same
sex—even when recognized as legal marriages by the
couple’s state—are inferior to heterosexual
relationships.
64
This is the essence of stigma.
A stigmatized condition or status is negatively
valued by society, defines a person’s social identity,
and thus disadvantages that person.
65
A classic work

64
By not recognizing same-sex marriages, DOMA makes
children more vulnerable. For example, in a family where a
working parent dies, the surviving parent is not considered a
surviving “spouse” eligible for “mother’s” or “father’s” benefits,
depriving the family and child of significant economic
protection. 42 U.S.C. § 402(g). See also supra note 25.
65
See E. Goffman, Stigma: Notes on the Management of Spoiled
Identity (1963); B.G. Link & J.C. Phelan, Conceptualizing
Stigma, 27 Ann. Rev. Soc. 363 (2001); J. Crocker et al., Social
Stigma, in 2 The Handbook of Social Psychology 504 (D.T.
Gilbert et al. eds., 4th ed. 1998); Am. Med. Ass’n, Policy H-
65.973, Health Care Disparities in Same-Sex Partner
Households, available at http://www.ama-assn.org/ama/pub/

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35


in this area characterized stigma as “an undesired
differentness.”
66
It can be manifested both in social
institutions, such as the law, and in individual
behaviors. Laws that accord majority and minority
groups differing status highlight the perceived
“differentness” of the minority and thereby tend to
legitimize prejudicial attitudes and individual acts
against the disfavored group, including ostracism,
harassment, discrimination, and violence. Large
numbers of lesbian, gay, and bisexual people
experience such acts of prejudice because of their
sexual orientation.
67


DOMA is an instance of institutional stigma. It
conveys the government’s judgment that, in the

about-ama/our-people/member-groups-sections/glbt-advisory-
committee/ama-policy-regarding-sexual-orientation.page
(recognizing that “exclusion from civil marriage contributes to
health care disparities affecting same-sex households”).
66
Goffman, supra note 65, at 5.
67
A national survey of a representative sample of gay, lesbian,
and bisexual adults found that 21% of them had been the target
of a physical assault or property crime since age 18 because of
their sexual orientation. Thirty-eight percent of gay men had
been the target of assault or property crime because of their
sexual orientation. Eighteen percent of gay men and 16% of
lesbians reported they had experienced discrimination in
housing or employment. G.M. Herek, Hate Crimes and Stigma-
Related Experiences Among Sexual Minority Adults in the
United States: Prevalence Estimates from a National
Probability Sample, 24 J. Interpersonal Violence 54 (2009); see
also G.M. Herek et al., Psychological Sequelae of Hate-Crime
Victimization Among Lesbian, Gay, and Bisexual Adults, 67 J.
Consulting & Clinical Psychol. 945, 948 (1999); M.V.L. Badgett,
Money, Myths, and Change: The Economic Lives of Lesbians
and Gay Men (2001).
Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 59 of 61




36


realm of intimate relationships, a legally married
same-sex couple is inherently less deserving of
society’s full recognition through the provision of
federal marriage-linked benefits than are
heterosexual couples. By devaluing and
delegitimizing the relationships that constitute the
very core of a homosexual orientation, the Act
compounds and perpetuates the stigma historically
attached to homosexuality. Indeed, this effect of the
statute condemns it quite apart from its denial of
tangible financial benefits to married same-sex
couples, for the Supreme Court has repeatedly
recognized the unconstitutional nature of
stigmatizing legislation based on stereotypic
classifications. See Heckler v. Mathews, 465 U.S.
728, 739-40 (1984) (“[A]s we have repeatedly
emphasized, discrimination itself, by perpetuating
‘archaic and stereotypic notions’ or by stigmatizing
members of the disfavored group as ‘innately inferior’
and therefore as less worthy participants in the
political community * * * can cause serious non-
economic injuries to those persons who are
personally denied equal treatment solely because of
their membership in a disfavored group.”) (footnote
and citations omitted).

Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 60 of 61




37


CONCLUSION
The judgment below should be affirmed.



NATHALIE F.P. GILFOYLE
AMERICAN PSYCHOLOGICAL
ASSOCIATION
750 First Street, N.E.
Washington, DC 20002
(202) 336-6100

Respectfully submitted,

WILLIAM F. SHEEHAN
Counsel of Record
ANDREW S. HUDSON
GOODWIN PROCTER LLP
901 New York Avenue, NW
Washington, DC 20001
(202) 346-4303
wsheehan@goodwinprocter
.com
PAUL M. SMITH
JENNER & BLOCK LLP
1099 New York Avenue,
NW
Washington, DC 20001
(202) 639-6000
Counsel for Amici Curiae

March 1, 2013
Case 5:13-cv-00982-OLG Document 25-10 Filed 11/22/13 Page 61 of 61







EXHIBIT 41
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 1 of 43
In the Supreme Court of the United States In the Supreme Court of the United States In the Supreme Court of the United States In the Supreme Court of the United States In the Supreme Court of the United States
DENNIS HOLLINGSWORTH, ET AL.,
Petitioners,
v.
KRISTIN M. PERRY, ET AL.,
Respondents.
UNITED STATES,
Petitioner,
v.
EDITH SCHLAIN WINDSOR, IN HER CAPACITY AS
EXECUTOR OF THE ESTATE OF THEA CLARA SPYER,
AND BIPARTISAN LEGAL ADVISORY GROUP OF
THE UNITED STATES HOUSE OF REPRESENTATIVES,
Respondents.
On Writs of Certiorari to the United States
Courts of Appeals for the Ninth and Second Circuits
BRIEF OF AMICUS CURIAE AMERICAN SOCIOLOGICAL
ASSOCIATION IN SUPPORT OF RESPONDENT KRISTIN M.
PERRY AND RESPONDENT EDITH SCHLAIN WINDSOR
Becker Gallagher · Cincinnati, OH · Washington, D.C. · 800.890.5001
NOS. 12-144, 12-307
Carmine D. Boccuzzi, Jr. (Counsel of Record)
Scott Thompson
Mark Lightner
CLEARY GOTTLIEB STEEN & HAMILTON LLP
One Liberty Plaza
New York, NY 10006
(212) 225-2000
cboccuzzi@cgsh.com
Counsel for Amicus Curiae American Sociological Association
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 2 of 43
i
TABLE OF CONTENTS
Page
TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . ii
INTEREST OF AMICUS CURIAE . . . . . . . . . . . . . 1
SUMMARY OF ARGUMENT . . . . . . . . . . . . . . . . . . 2
ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
I. SCHOLARLY CONSENSUS IS CLEAR:
CHILDREN OF SAME-SEX PARENTS FARE
JUST AS WELL AS CHILDREN OF
OPPOSITE-SEX PARENTS . . . . . . . . . . . . . . . . 6
II. THE RESEARCH CLAIMED TO UNDERMINE
THE CONSENSUS EITHER DOES NOT
ADDRESS SAME-SEX PARENTS AND THEIR
CHILDREN OR IS MISCHARACTERIZED . . 15
A. THE REGNERUS STUDY DOES NOT
SUPPORT CONCLUSIONS REGARDING
THE IMPACT OF BEING RAISED BY
SAME-SEX PARENTS . . . . . . . . . . . . . . . . . 16
B. THE STUDIES CITED BY BLAG, THE
PROPOSITION 8 PROPONENTS, AND
THEIR AMICI DO NOT ADDRESS SAME-
SEX PARENTS AND THEREFORE DO NOT
UNDERMINE THE CONSENSUS . . . . . . . 22
CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 3 of 43
ii
TABLE OF AUTHORITIES
Page(s)
Cases
Atkins v. Virginia,
536 U.S. 304 (2002) . . . . . . . . . . . . . . . . . . . . . . . 5
Craig v. Boren,
429 U.S. 190 (1976) . . . . . . . . . . . . . . . . . . . . . . 29
Perry v. Brown,
671 F.3d 1052 (9th Cir. 2012), cert. granted, 133
S. Ct. 786 (U.S. 2012) . . . . . . . . . . . . . . . . . . . . . . 4
Perry v. Schwarzenegger,
704 F. Supp. 2d 921 (N.D. Cal. 2010), aff’d, 671
F.3d 1052 (9th Cir. 2012), cert. granted, 133 S.
Ct. 786 (U.S. 2012) . . . . . . . . . . . . . . . . . . passim
Price Waterhouse v. Hopkins,
490 U.S. 228 (1989) . . . . . . . . . . . . . . . . . . . . 5, 29
Romer v. Evans,
517 U.S. 620 (1996) . . . . . . . . . . . . . . . . . . . . . . . 2
Roper v. Simmons,
548 U.S 551 (2005) . . . . . . . . . . . . . . . . . . . . . . . . 5
Varnum v. Brien,
763 N.W.2d 862 (Iowa 2009) . . . . . . . . . . . . . . . 27
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 4 of 43
iii
Windsor v. United States,
699 F.3d 169 (2d Cir. 2012), cert. granted, 81
U.S.L.W. 3072 (U.S. Dec. 7, 2012) . . . . . . . . . . . 4
Windsor v. United States,
833 F. Supp. 2d 394 (S.D.N.Y. 2012), aff'd, 699
F.3d 169 (2d Cir. 2012), cert. granted, 81
U.S.L.W. 3072 (U.S. Dec. 7, 2012) . . . . . . . . . . . . 4
Other Authorities
Alicia L. Fedewa & Teresa P. Clark, Parent
Practices and Home-School Partnerships: A
Differential Effect for Children with Same-Sex
Coupled Parents?, 5 Journal of GLBT Family
Studies 312 (2009) . . . . . . . . . . . . . . . . . . . . . . . . 8
Brent Miller et al., Comparisons of Adopted and
Non-Adopted Adolescents in a Large, Nationally
Representative Sample, 71 Child Development
1458 (2000) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
C.A. Nelson & M. Bosquet, Neurobiology of Fetal
and Infant Development: Implications for Infant
Mental Health, in Handbook of Infant Mental
Health (C.H. Zeanah Jr. ed., 2d ed. 2000) . . . . 28
Charlotte J. Patterson & Jennifer L. Wainright,
Adolescents with Same-Sex Parents: Findings
from the National Longitudinal Study of
Adolescent Health, in Adoption by Lesbians and
Gay Men: A New Dimension in Family Diversity
(David M. Brodzinsky & Adam Pertman eds.,
2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 5 of 43
iv
Chris Johnson, Anti-Gay Briefs ‘Mischaracterized’
Study, Washington Blade (Jan. 25, 2013),
http://www.washingtonblade.com/2013/01/25/a
nti-gay-legal-briefs-mischaracterized-parenting-
study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Daniel Potter, Same-Sex Parent Families and
Children’s Academic Achievement, 74 Journal of
Marriage & Family 556 (2012) . . . . . . . . . . . . . . 7
David Blankenhorn, How My View on Gay Marriage
Changed, N.Y. Times, June 22, 2012 . . . . . . . . . 7
David Popenoe, Life without Father: Compelling
New Evidence that Fatherhood & Marriage Are
Indispensable for the Good of Children & Society
(1996) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29, 30
Douglas W. Allen et al., Nontraditional Families
and Childhood Progress Through School: A
Comment on Rosenfeld, Demography (Nov.
2012), http://link.springer.com/article/10.1007
/s13524-012-0169-x/fulltext.html . . . . . . . . . . . . 8
Eleanor Maccoby, The Two Sexes (1998) . . . . . . . . 28
Fiona Tasker, Lesbian Mothers, Gay Fathers and
Their Children: A Review, 26 Developmental and
Behavioral Pediatrics 224 (2005) . . . . . . . . . . . 10
Gary J. Gates et al., Letter to the Editor and
Advisory Editors of Social Science Research, 41
Social Science Research 1350 (2012) . . . . . . . . . 20
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 6 of 43
v
Jennifer L. Wainright & Charlotte J. Patterson,
Delinquency, Victimization, and Substance Use
Among Adolescents with Female Same-Sex
Parents, 20 Journal of Family Psychology 526
(2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Jennifer L. Wainright & Charlotte J. Patterson,
Peer Relations Among Adolescents with Female
Same-Sex Parents, 44 Developmental Psychology
117 (2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Jennifer L. Wainright et al., Psychosocial
Adjustment, School Outcomes, and Romantic
Relationships of Adolescents with Same-Sex
Parents, 75 Child Development 1886 (2004) 9, 10
Joseph G. Kosciw & Elizabeth M. Diaz, Involved,
Invisible, Ignored: The Experiences of Lesbian,
Gay, Bisexual, and Transgender Parents and
Their Children in Our Nation’s K-12 Schools,
Gay, Lesbian and Straight Education Network
(2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Justin A. Lavner et al., Can Gay and Lesbian
Parents Promote Healthy Development in High-
Risk Children Adopted from Foster Care?, 82
American Journal of Orthopsychiatry 465
(2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Kristen Anderson Moore et al., Marriage from a
Child’s Perspective: How Does Family Structure
Affect Children, and What Can We Do About It?,
Child Trends Research Brief (2002), http://www.
childtrends.org/files/marriagerb602.pdf 23, 24, 25
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 7 of 43
vi
Loes van Gelderen et al., Quality of Life of
Adolescents Raised from Birth by Lesbian
Mothers: The US National Longitudinal Family
Study, 33 Journal of Developmental &
Behavioral Pediatrics 1 (2012) . . . . . . . . . . 10-11
Margaret Somerville, Children’s Human Rights to
Natural Biological Origins and Family
Structure, 1 International Journal of
Jurisprudence of the Family 35 (2010) . . . . . . . 27
Marilyn Coleman et al., Reinvestigating
Remarriage: Another Decade of Progress, 62
Journal of Marriage & Family 1288 (2000) . . . 23
Mark Oppenheimer, In Shift, an Activist Enlists
Same-Sex Couples in a Pro-Marriage Coalition,
N.Y. Times, Jan. 29, 2013 . . . . . . . . . . . . . . . . . . 7
Mark Regnerus, How Different Are the Adult
Children of Parents who have Same-Sex
Relationships? Findings from the New Family
Structures Survey, 41 Social Science Research
752 (2012) . . . . . . . . . . . . . . . . . . . . . . . . . . passim
Mark Regnerus, Parental Same-Sex Relationships,
Family Instability, and Subsequent Life
Outcomes for Adult Children: Answering Critics
of the New Family Structures Study with
Additional Analyses, 41 Social Science Research
1367 (2012) . . . . . . . . . . . . . . . . . . . . . . . . . . 20-21
Mark V. Flinn et al., Growth and Fluctuating
Assymetry of Stepchildren, 20 Evolutionary
Human Behavior 465 (1999) . . . . . . . . . . . . . . . 23
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 8 of 43
vii
Michael J. Rosenfeld, Reply to Allen et al.,
Demography (Nov. 2012), http://link.springer.
com/article/10.1007%2Fs13524-012-0170-4 . . . . 9
Michael J. Rosenfeld, Nontraditional Families and
Childhood Progress Through School, 47
Demography 755 (2010) . . . . . . . . . . . . . . . . . . . . 8
Michael Lamb, Mothers, Fathers, Families, and
Circumstances: Factors Affecting Children’s
Adjustment, 16 Applied Developmental Science
98 (2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-7, 11
Nanette Gartrell & Henny W. Bos, US National
Longitudinal Lesbian Family Study:
Psychological Adjustment of 17-Year-Old
Adolescents, 126 Pediatrics 28 (2010) . . 11, 13, 27
Nanette Gartrell et al., Adolescents of the U.S.
National Longitudinal Lesbian Family Study:
Sexual Orientation, Sexual Behavior, and Sexual
Risk Exposure, 40 Archives of Sexual Behavior
1199 (2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Nanette Gartrell et al., New Trends in Same-Sex
Sexual Contact for American Adolescents, 41
Archives of Sexual Behavior 5 (2012) . . . . . 12-13
Nicholas H. Wolfinger, Understanding the Divorce
Cycle: The Children of Divorce in Their Own
Marriages (2005) . . . . . . . . . . . . . . . . . . . . . . . . 23
Norval D. Glenn, The Struggle for Same-Sex
Marriage, 41 Society 27 (2004) . . . . . . . . . . . . . 31
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 9 of 43
viii
Pamela J. Smock & Wendy D. Manning, Living
Together Unmarried in the United States:
Demographic Perspectives and Implications for
Family Policy, 26 Law & Policy 87 (2004) . . 25-26
Paul R. Amato & Fernando Rivera, Paternal
Involvement and Children’s Behavior Problems,
61 Journal of Marriage & Family 375 (1999) . . 28
Paul R. Amato & Frieda Fowler, Parenting
Practices, Child Adjustment, and Family
Diversity, 64 Journal of Marriage & Family 703
(2002) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Rachel H. Farr et al., Parenting and Child
Development in Adoptive Families: Does
Parental Sexual Orientation Matter?, 14 Applied
Developmental Science 164 (2010) . . . . . . . . . . 11
Rand D. Conger et al., Socioeconomic Status,
Family Processes, and Individual Development,
72 Journal of Marriage & Family 685 (2010) . . 14
Sara McLanahan & Gary Sandefur, Growing Up
with a Single Parent (1994) . . . . . . . . . . . . . . . . 23
Scott Ryan, Parent-Child Interaction Styles between
Gay and Lesbian Parents and Their Adopted
Children, 3 Journal of GLBT Family Studies 105
(2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Shmuel Shulman & Moshe M. Klein, Distinctive
Role of the Father in Adolescent Separation-
Individuation, 62 New Directions for Child &
Adolescent Development 41 (1993) . . . . . . . . . . 28
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 10 of 43
ix
Stephen Erich et al., A Comparative Analysis of
Adoptive Family Functioning with Gay, Lesbian,
and Heterosexual Parents and Their Children, 1
Journal of GLBT Family Studies 43 (2005) . . . 11
Wendy D. Manning & Kathleen A. Lamb,
Adolescent Well-Being in Cohabiting, Married,
and Single-Parent Families 65 Journal of
Marriage & Family 876 (2003) . . . . . . . . . . . . . 25
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 11 of 43
1
INTEREST OF AMICUS CURIAE
1
The American Sociological Association (“ASA”) is
the national professional and scholarly association of
sociologists in the United States. Founded in 1905, the
ASA has more than 14,000 members, including most
sociologists holding doctoral degrees from accredited
universities. The ASA publishes nine leading peer-
reviewed journals. The ASA is committed to and bound
by the highest standards of research methodology and
objectivity and is dedicated to advancing sociology as a
scientific discipline and profession that serves the
public good.
The ASA has a long history of presenting the
consensus research findings of social scientists to
American courts for their use in evaluating evidence
and legal issues, and its conclusions are regularly
relied on by courts. As part of that mission, the ASA
submits this brief to present to the Court the consensus
view of social scientists on certain issues raised in
these cases—namely, the effects of same-sex parenting
on the wellbeing of children.
1
Counsel for each party has consented to the filing of this Brief, as
indicated by letters filed with the Clerk of the Court. Pursuant to
Rule 37.6, amicus curiae state that no counsel for a party authored
any part of this brief in whole or in part, and no counsel or party
made a monetary contribution intended to fund the preparation or
submission of this brief.
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 12 of 43
2
SUMMARY OF ARGUMENT
In their briefs to the Court, the Bipartisan Legal
Advisory Group of the U.S. House of Representatives
(“BLAG”), the Hollingsworth Petitioners (the
“Proposition 8 Proponents”), and their respective amici
assert that children fare better with opposite-sex
parents
2
than with same-sex parents. They contend
that this alleged fact justifies both the Defense of
Marriage Act (“DOMA”), which denies federal
recognition to legally married same-sex couples, and
Proposition 8’s revocation of marriage rights for same-
sex couples in California. For instance, BLAG argues
that “biological differentiation in the roles of mothers
and fathers makes it rational
3
to encourage situations
in which children have one of each.” Brief for
Respondent BLAG at 48, United States v. Windsor, No.
12-307 (U.S. Jan. 22, 2013). BLAG further contends
that “[b]iological parents have a genetic stake in the
success of their children” that others, such as adoptive
parents and same-sex parents, do not have. Id. at 47.
The Proposition 8 Proponents advance similar
arguments. See Brief for Petitioner Hollingsworth at
2
In order to be consistent with prior court decisions and the terms
utilized by the parties in the courts below, we refer to male-female
parents as “opposite-sex” parents throughout this brief.
3
The parties dispute the appropriate level of scrutiny. However,
even assuming that the lowest level of scrutiny applies, the
asserted interest in children’s wellbeing cannot be accepted as a
rationale for DOMA or Proposition 8. When legislative
classifications bear no rational relationship to legitimate
government interests, those classifications violate the equal
protection clause of both the Fifth and Fourteenth Amendments.
Romer v. Evans, 517 U.S. 620, 631 (1996).
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 13 of 43
3
52-53, Hollingsworth v. Perry, No. 12-144 (U.S. Jan. 22,
2013).
However, the claim that same-sex parents produce
less positive child outcomes than opposite-sex
parents—either because such families lack both a male
and female parent or because both parents are not the
biological parents of their children—contradicts
abundant social science research. Decades of
methodologically sound social science research,
especially multiple nationally representative studies
and the expert evidence introduced in the district
courts below, confirm that positive child wellbeing is
the product of stability in the relationship between the
two parents, stability in the relationship between the
parents and child, and greater parental socioeconomic
resources. Whether a child is raised by same-sex or
opposite-sex parents has no bearing on a child’s
wellbeing.
The clear and consistent consensus in the social
science profession is that across a wide range of
indicators, children fare just as well when they are
raised by same-sex parents when compared to children
raised by opposite-sex parents. The social science
studies cited by BLAG, Proposition 8 Proponents, and
their amici to support their arguments fail to address
same-sex parents at all. Accordingly, as a matter of
science, these studies cannot serve as the basis for
conclusions about same-sex parents and related child
outcomes and do not undermine the social science
consensus that children fare just as well with same-sex
parents. To the extent some of the studies cited by
BLAG and the Proposition 8 Proponents show that
stability improves child outcomes, they confirm that
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 14 of 43
4
marriage rights for same-sex couples and the federal
recognition of such marriages are likely to improve the
wellbeing of children of same-sex parents by providing
enhanced family stability. The research presented in
this brief articulates these points in greater detail, and
demonstrates that the government’s interest in
promoting the wellbeing of children is neither
substantially nor rationally connected to DOMA or
Proposition 8, because the overwhelming scientific
evidence shows clearly that same-sex couples are
equally capable of generating positive child outcomes.
4
4
As explained by Respondent Edith Schlain Windsor and
acknowledged by the district court in the Windsor case, DOMA in
no way affects whether children will be raised by same-sex or
opposite-sex parents. It does not encourage gay and lesbian
individuals to enter into opposite-sex marriages or deter such
individuals from having children within same-sex relationships.
Additionally, DOMA in no way impacts heterosexual couples’
decisions regarding marriage: “We agree that promotion of
procreation can be an important government objective. But we do
not see how DOMA is substantially related to it.” Windsor v.
United States, 699 F.3d 169, 188 (2d Cir. 2012), cert. granted, 81
U.S.L.W. 3072 (U.S. Dec. 7, 2012). See also Windsor v. United
States, 833 F. Supp. 2d 394, 404 (S.D.N.Y. 2012), aff’d, 699 F.3d
169 (2d Cir. 2012), cert. granted, 81 U.S.L.W. 3072 (U.S. Dec. 7,
2012) (“DOMA has no direct impact on heterosexual couples at all;
therefore, its ability to deter those couples from having children
outside of marriage, or to incentivize couples that are pregnant to
get married, is remote, at best.”). Similarly, as the United States
Court of Appeals for the Ninth Circuit noted in Perry, taking away
the right to marry from same-sex couples has “no effect on the
rights of same-sex couples to raise children or on the procreative
practices of other couples.” Perry v. Brown, 671 F.3d 1052, 1063
(9th Cir. 2012), cert. granted, 133 S. Ct. 786 (U.S. 2012).
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 15 of 43
5
This Court has long relied on social science research
to inform its decisions. For example, in Roper v.
Simmons, the Court relied on social science research
showing that “juveniles have less control, or less
experience with control, over their own environment”
and that “[t]he personality traits of juveniles are more
transitory, less fixed” to support its conclusion that
capital punishment for crimes committed while a minor
is unconstitutional. 543 U.S 551, 569-70 (2005); see
also Atkins v. Virginia, 536 U.S. 304, 318 (2002) (noting
that “[t]here is no evidence that [mentally retarded
individuals] are more likely to engage in criminal
conduct than others” and holding, in part based on the
social science evidence and “germane expertise” of
amicus curiae, that executing mentally retarded
individuals violates the Eighth Amendment); Price
Waterhouse v. Hopkins, 490 U.S. 228, 255-56 (1989)
(relying in part on the testimony of a social
psychologist to conclude that the employer of a female
worker engaged in sex stereotyping). BLAG and the
Proposition 8 Proponents offer no facts to support the
contention that Congress and the State of California
possessed an important or rational basis for DOMA
and Proposition 8. In this instance, when the social
science evidence is exhaustively examined—which the
ASA has done—the facts demonstrate that children
fare just as well when raised by same-sex parents.
Unsubstantiated fears regarding same-sex child
rearing do not overcome these facts and do not justify
upholding DOMA and Proposition 8.
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 16 of 43
6
ARGUMENT
I. SCHOLARLY CONSENSUS IS CLEAR:
CHILDREN OF SAME-SEX PARENTS FARE
JUST AS WELL AS CHILDREN OF
OPPOSITE-SEX PARENTS
Contrary to the assertions of BLAG, the Proposition
8 Proponents, and their amici, the social science
consensus is clear: children raised by same-sex parents
fare just as well as children raised by opposite-sex
parents. Numerous nationally representative, credible,
and methodologically sound social science studies form
the basis of this consensus. These studies reveal that
children raised by same-sex parents fare just as well as
children raised by opposite-sex couples across a wide
spectrum of child-wellbeing measures: academic
performance, cognitive development, social
development, psychological health, early sexual
activity, and substance abuse. Moreover, these studies
are supported by and consistent with the evidence
introduced into the records below and accepted by the
district court in Perry v. Schwarzenegger, 704 F. Supp.
2d 921 (N.D. Cal. 2010). This evidence includes the
research of Dr. Michael Lamb, an expert in child social
and psychological development who has conducted
extensive reviews of twenty-five years worth of
research on the wellbeing of children of same-sex
parents. See, e.g., Michael Lamb, Mothers, Fathers,
Families, and Circumstances: Factors Affecting
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 17 of 43
7
Children’s Adjustment, 16 Applied Developmental
Science 98, 104 (2012).
5
Academic Performance and Cognitive Development
Social science research confirms that the academic
performance of children raised by same-sex parents is
indistinguishable from that of children raised by
opposite-sex parents. A leading study by Daniel Potter
based on nationally representative, longitudinal data
found no significant difference in academic
achievement between children of same-sex parents and
children of opposite-sex parents. See Daniel Potter,
Same-Sex Parent Families and Children’s Academic
Achievement, 74 Journal of Marriage & Family 556
(2012). Similarly, another leading 2009 study by
sociologists Alicia Fedewa and Teresa Clark employing
nationally representative data that examined the
academic achievement of first-grade children reported
5
During the Perry v. Schwarzeneggar trial, the Proposition 8
Proponents “eschew[ed] all but a rather limited factual
presentation,” and “presented only one witness, David
Blankenhorn”—who is not a social scientist—“to address the
government interest in marriage.” 704 F. Supp. 2d at 931. The
district court concluded that this sole witness “provided no credible
evidence to support any of the claimed adverse effects proponents
promised to demonstrate.” Id. Since the trial, Blankenhorn has
abandoned his former position regarding marriage rights for same-
sex couples. See David Blankenhorn, How My View on Gay
Marriage Changed, N.Y. Times, June 22, 2012. As Blankenhorn
recently explained, it is time to “build new coalitions bringing
together gays who want to strengthen marriage with straight
people who want to do the same.” Mark Oppenheimer, In Shift, an
Activist Enlists Same-Sex Couples in a Pro-Marriage Coalition,
N.Y. Times, Jan. 29, 2013.
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 18 of 43
8
no significant differences in academic achievement
between children raised by same-sex and opposite-sex
parents. See Alicia L. Fedewa & Teresa P. Clark,
Parent Practices and Home-School Partnerships: A
Differential Effect for Children with Same-Sex Coupled
Parents?, 5 Journal of GLBT Family Studies 312
(2009); see also Michael J. Rosenfeld, Nontraditional
Families and Childhood Progress Through School, 47
Demography 755 (2010) (demonstrating that children
of residentially stable same-sex parents are as likely to
make normal progress through school as children from
stable opposite-sex married parents); Douglas W. Allen
et al., Nontraditional Families and Childhood Progress
Through School: A Comment on Rosenfeld,
Demography (Nov. 2012), http://link.springer.com/
article/10.1007/s13524-012-0169-x/fulltext.html
(confirming similar results of academic performance
when comparing children of residentially stable same-
sex parents with children of stable opposite-sex
married parents).
6
The same pattern holds true among
6
The amici of BLAG and the Proposition 8 Proponents rely upon
this study by Douglas Allen. Allen re-works data used by
Rosenfeld, but ignores stability as a control factor, and as a result
finds a difference in academic achievement. However, as
Rosenfeld himself responds, and as demonstrated by the social
science consensus, stability is the principal factor influencing child
outcomes. By removing the control element for stability, Allen
cannot discern children’s family history. Allen’s work thereby
conceals that many children in same-sex parent families come from
orphanages, foster families, or heterosexual parents who break up,
influencing the results but not reflecting on the quality of same-sex
parents. When stability is included as a control element, Allen’s
study confirms that same-sex parents have no negative impact on
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 19 of 43
9
older children. For example, in another nationally
representative study, social scientists found similar
GPA levels among adolescents living with same-sex
and opposite-sex parents. See Jennifer L. Wainright et
al., Psychosocial Adjustment, School Outcomes, and
Romantic Relationships of Adolescents with Same-Sex
Parents, 75 Child Development 1886 (2004).
Research also reveals similar cognitive development
between children raised by same-sex parents and
opposite-sex parents. See Justin A. Lavner et al., Can
Gay and Lesbian Parents Promote Healthy
Development in High-Risk Children Adopted from
Foster Care?, 82 American Journal of Orthopsychiatry
465 (2012). In fact, another study of children with
same-sex parents reveals that they score at least as
well—and sometimes better than—children of opposite-
sex parents on numerous indicators of educational
achievement and involvement. See Joseph G. Kosciw
& Elizabeth M. Diaz, Involved, Invisible, Ignored: The
Experiences of Lesbian, Gay, Bisexual, and
Transgender Parents and Their Children in Our
Nation’s K-12 Schools, Gay, Lesbian and Straight
Education Network (2008).
Social Development
The social development of children raised by same-
sex parents is equivalent to that of children raised by
opposite-sex parents. Analysis of nationally
academic outcomes of children. See Michael J. Rosenfeld, Reply to
Allen et al., Demography (Nov. 2012), http://link.springer.com/
article/10.1007%2Fs13524-012-0170-4.
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 20 of 43
10
representative data reveals no differences in social
adjustment depending on whether children were raised
by same-sex or opposite-sex parents. See Fedewa &
Clark at 312. Nationally representative studies of
adolescents find that the number, support, and quality
of peer relationships and friendships are similar for
teens raised by female same-sex couples and those
raised by opposite-sex parents. See Jennifer L.
Wainright & Charlotte J. Patterson, Peer Relations
Among Adolescents with Female Same-Sex Parents, 44
Developmental Psychology 117 (2008); see also Fiona
Tasker, Lesbian Mothers, Gay Fathers and Their
Children: A Review, 26 Developmental and Behavioral
Pediatrics 224 (2005) (finding children of same-sex
parents exhibited the same typical adjustments related
to peer relations as children of opposite-sex parents
and therefore could not be said to fare worse based on
their parents’ sexuality).
Mental Health
Social science studies also confirm that children of
same-sex parents are just as psychologically healthy as
children of opposite-sex parents. According to a
nationally representative study, adolescents raised by
same-sex and opposite-sex parents report similar levels
of self-esteem and depression. See Wainright et al. at
1886. Other reliable studies corroborate these results.
See Loes van Gelderen et al., Quality of Life of
Adolescents Raised from Birth by Lesbian Mothers: The
US National Longitudinal Family Study, 33 Journal of
Developmental & Behavioral Pediatrics 1, 1 (2012)
(concluding that “[a]dolescent offspring in planned
lesbian families do not show differences in [quality of
life] when compared with a matched group of
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 21 of 43
11
adolescents reared in heterosexual families”). As Dr.
Lamb outlined in his comprehensive literature review
of the social science evidence, “numerous studies of
children and adolescents raised by same-sex parents
conducted over the past 25 years by respected
researchers and published in peer-reviewed academic
journals conclude that they are as successful
psychologically, emotionally, and socially as children
and adolescents raised by heterosexual parents.” Lamb
at 104. Similarly, surveys reveal no greater levels of
anxiety or Attention Deficit Disorder (A.D.D.) among
teenagers raised by same-sex parents than among
those raised by opposite-sex parents. See Nanette
Gartrell & Henny W. Bos, US National Longitudinal
Lesbian Family Study: Psychological Adjustment of 17-
Year-Old Adolescents, 126 Pediatrics 28 (2010).
7

This social science evidence confirms the evidence
presented at the trial and accepted by the district court
in Perry. For example, based in part on the testimony
of Dr. Lamb that social science studies demonstrate
“very conclusively that children who are raised by gay
and lesbian parents are just as likely to be well-
adjusted as children raised by heterosexual parents,”
the district court found as a matter of fact that:
7
See also Rachel H. Farr et al., Parenting and Child Development
in Adoptive Families: Does Parental Sexual Orientation Matter?, 14
Applied Developmental Science 164 (2010); Scott Ryan, Parent-
Child Interaction Styles between Gay and Lesbian Parents and
Their Adopted Children, 3 Journal of GLBT Family Studies 105
(2007); Stephen Erich et al., A Comparative Analysis of Adoptive
Family Functioning with Gay, Lesbian, and Heterosexual Parents
and Their Children, 1 Journal of GLBT Family Studies 43 (2005)
(all reporting similar findings).
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 22 of 43
12
[t]he gender of a child’s parent is not a factor in
a child’s adjustment. The sexual orientation of
an individual does not determine whether that
individual can be a good parent. Children raised
by gay or lesbian parents are as likely as
children raised by heterosexual parents to be
healthy, successful and well-adjusted. The
research supporting this conclusion is accepted
beyond serious debate in the field of
developmental psychology.
Perry v. Schwarzenegger, 704 F. Supp. 2d at 980.
Early Sexual Activity
The social science studies also demonstrate that
teenagers raised by same-sex parents and those raised
by opposite-sex parents engage in similar levels of
teenage sexual activity. For instance, nationally
representative studies show that similar proportions of
teenagers raised by same-sex parents and by opposite-
sex parents have had sexual intercourse or a romantic
relationship. See Charlotte J. Patterson & Jennifer L.
Wainright, Adolescents with Same-Sex Parents:
Findings from the National Longitudinal Study of
Adolescent Health, in Adoption by Lesbians and Gay
Men: A New Dimension in Family Diversity (David M.
Brodzinsky & Adam Pertman eds., 2012). In fact,
sexual behaviors reported by 17-year-olds raised by
same-sex mothers indicated that the age at which they
first engage in sexual intercourse was slightly older
than those in a gender- and age-matched national
sample of children raised by opposite-sex parents. See
Nanette Gartrell et al., New Trends in Same-Sex
Sexual Contact for American Adolescents, 41 Archives
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 23 of 43
13
of Sexual Behavior 5 (2012). Moreover, the odds of
having a sexually transmitted disease, becoming
pregnant, or impregnating someone were statistically
similar. Id. And none of the children raised by same-
sex parents examined in the National Longitudinal
Lesbian Family Study reported any physical or sexual
abuse by a parent or caregiver. See Nanette Gartrell et
al., Adolescents of the U.S. National Longitudinal
Lesbian Family Study: Sexual Orientation, Sexual
Behavior, and Sexual Risk Exposure, 40 Archives of
Sexual Behavior 1199 (2011).
Substance Abuse and Behavioral Problems
Finally, social science studies confirm that children
of same-sex parents are no more likely to abuse
substances than children of opposite-sex parents. A
nationally representative sample of adolescents living
with female, same-sex parents reveals that the
adolescents are similar to their counterparts raised by
opposite-sex parents in terms of frequency of substance
use (i.e., tobacco, alcohol, and marijuana), problems
with substance use, and delinquent behavior. See
Jennifer L. Wainright & Charlotte J. Patterson,
Delinquency, Victimization, and Substance Use Among
Adolescents with Female Same-Sex Parents, 20 Journal
of Family Psychology 526 (2006). Furthermore,
children of opposite-sex and same-sex parents report
similar levels of problematic, rule-breaking, and
inappropriately aggressive behaviors. See Gartrell &
Bos.
In sum, as the overwhelming body of social science
research confirms, whether a child is raised by same-
sex or opposite-sex parents has no bearing on a child’s
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 24 of 43
14
wellbeing.
8
Instead, the consensus is that the key
factors affecting child wellbeing are stable family
environments and greater parental socioeconomic
resources, neither of which is related to the sex or
sexual orientation of a child’s parents. See Rand D.
Conger et al., Socioeconomic Status, Family Processes,
and Individual Development, 72 Journal of Marriage &
Family 685 (2010). As the district court in Perry
concluded based on the testimony of Dr. Lamb and
other social science evidence presented, “[t]he factors
that affect whether a child is well-adjusted are: (1) the
quality of a child’s relationship with his or her parents;
(2) the quality of the relationship between a child’s
parents or significant adults in the child’s life; and
(3) the availability of economic and social resources.”
704 F. Supp. 2d at 980. These factors indicate that in
order to further enhance child outcomes and wellbeing,
we should encourage stable and financially secure
family units—including same-sex parented
families—rather than exclude the hundreds of
thousands of children living with same-sex couples
from the stability and economic security that marriage
provides.
8
Notwithstanding certain critics’ blanket dismissal of some of the
studies underlying the social science research consensus, see, e.g.,
Brief for Social Science Professors as Amicus Curiae Supporting
Petitioner–Hollingsworth, No. 12-144, and Respondent–BLAG, No.
12-307 at 13-21 (U.S. Jan. 29, 2013), the ASA’s review of the
studies confirms that they are methodologically sound and conform
to the highest standards of sociological research.
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 25 of 43
15
II. THE RESEARCH CLAIMED TO UNDERMINE
THE CONSENSUS EITHER DOES NOT
ADDRESS SAME-SEX PARENTS AND THEIR
CHILDREN OR IS MISCHARACTERIZED
The studies relied on by BLAG, the Proposition 8
Proponents, and their amici fail to support their claim
that children fare better with opposite-sex parents than
same-sex parents, because nearly all of the studies fail
to examine same-sex parents or their children. One of
the amici supporting BLAG and the Proposition 8
Proponents in the circuit courts conceded the
importance of apples-to-apples comparisons and
dismissed studies that rely on “inappropriate
comparisons (i.e., comparing children raised by same-
sex couples to children raised by divorced mothers).”
Brief for American College of Pediatricians as Amicus
Curiae Supporting Intervenor–Defendant–Appellant at
4-5, Windsor v. United States, 699 F.3d. 169 (2d Cir.
2012). This critique of “inappropriate comparisons” is
even truer when the studies do not address same-sex
parents at all. Moreover, some of the findings in the
studies are mischaracterized by the amici supporting
BLAG and the Proposition 8 Proponents and, in fact,
affirm that family stability and greater parental
socioeconomic resources are the principal factors
affecting child wellbeing.
In an effort to undermine the social science
consensus, several amici rely heavily on one study
conducted by Mark Regnerus. See Mark Regnerus,
How Different Are the Adult Children of Parents Who
Have Same-Sex Relationships? Findings from the New
Family Structures Survey, 41 Social Science Research
752 (2012) (“Regnerus 2012a”). Critically, for multiple
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 26 of 43
16
reasons and as Regnerus acknowledges, his study did
not examine, and provides no conclusions regarding,
the wellbeing of children who lived with and were
raised by same-sex parents.
A) THE REGNERUS STUDY DOES NOT
SUPPORT CONCLUSIONS REGARDING
THE IMPACT OF BEING RAISED BY
SAME-SEX PARENTS
The Regnerus study—the principal study relied on
by the amici of BLAG and the Proposition 8
Proponents—did not specifically examine children
raised by same-sex parents, and provides no support
for the conclusions that same-sex parents are inferior
parents or that the children of same-sex parents
experience worse outcomes.
The Regnerus Study Offers No Basis for Conclusions
About Same-Sex Parents
First, the Regnerus study does not specifically
examine children born or adopted into same-sex parent
families, but instead examines children who, from the
time they were born until they were 18 or moved out,
had a parent who at any time had “a same-sex
romantic relationship.” Regnerus 2012a at 752. As
Regnerus noted, the majority of the individuals
characterized by him as children of “lesbian mothers”
and “gay fathers” were the offspring of failed opposite-
sex unions whose parent subsequently had a same-sex
relationship. Id. In other words, Regnerus did not
study or analyze the children of two same-sex parents.
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 27 of 43
17
Second, when the Regnerus study compared the
children of parents who at one point had a “same-sex
romantic relationship,” most of whom had experienced
a family dissolution or single motherhood, to children
raised by two biological, married opposite-sex parents,
the study stripped away all divorced, single, and
stepparent families from the opposite-sex group,
leaving only stable, married, opposite-sex families as
the comparison. Id. at 757 (the comparison group
consisted of individuals who “[l]ived in intact biological
famil[ies] (with mother and father) from 0 to 18, and
parents are still married at present”). Thus, it was
hardly surprising that the opposite-sex group had
better outcomes given that stability is a key predictor
of positive child wellbeing. By so doing, the Regnerus
study makes inappropriate apples-to-oranges
comparisons.
Third, Regnerus’s first published analysis of his
research data failed to consider whether the children
lived with, or were raised by, the parent who was, at
some point, apparently involved in “a romantic
relationship with someone of the same sex” and that
same-sex partner. Id. at 756. Instead, Regnerus
categorized children as raised by a parent in a same-
sex romantic relationship regardless of whether they
were in fact raised by the parent and the parent’s
same-sex romantic partner and regardless of the
amount of time that they spent under the parent’s
care.
9
As a result, so long as an adult child believed
9
Although the data used by Regnerus distinguished between
children who had lived with their parent while the parent was in
a same-sex romantic relationship and children who had not,
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 28 of 43
18
that he or she had had a parent who had a relationship
with someone of the same sex, then he or she was
counted by Regnerus as having been “raised by” a
parent in a same-sex relationship.
10

Fourth, in contrast to every other study on same-sex
parenting, Regnerus identified parents who had
purportedly engaged in a same-sex romantic
relationship based solely on the child’s own
retrospective report of the parent’s romantic
relationships, made once the child was an adult. This
unusual measurement strategy ignored the fact that
the child may have limited and inaccurate recollections
of the parents’ distant romantic past. Id.
Finally, the study fails to account for the fact that
the negative outcomes may have been caused by other
childhood events or events later in the individual’s
Regnerus 2012a at 757, Regnerus classified children in his study
and defined them as being raised by “Lesbian Mothers” and “Gay
Fathers” without regard to those differences. Id. at 756-57 (noting
that 73 total children responded as having a father in a same-sex
relationship and including all 73 in his analysis, notwithstanding
that only 42% of the respondents reported living with the father
while he was in a same-sex romantic relationship, and only 23%
percent reported living with him and his partner for at least 4
months). Regnerus notes that he classified children as being
raised by “Lesbian Mothers” and “Gay Fathers” “regardless of any
other household transition.” Id. at 757.
10
Indeed, the Regnerus study described itself as “a study of young
adults rather than children or adolescents, with particular
attention paid to reaching ample numbers of respondents who
were raised by parents that had a same-sex relationship.” Id. at
755.
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 29 of 43
19
adult life, particularly given that the vast majority
(thirty-seven of forty) of the outcomes measured were
adult and not childhood outcomes.
11
Factors other than
same-sex parenting are likely to explain these negative
outcomes in the Regnerus study. Regnerus himself
concludes that “I am thus not suggesting that growing
up with a lesbian mother or gay father causes
suboptimal outcomes because of the sexual orientation
or sexual behavior of the parent.” Id. at 766.
In sum, by conflating (1) children raised by same-
sex parents with (2) individuals who reportedly had a
parent who had “a romantic relationship with someone
of the same sex,” and referring to such individuals as
children of “lesbian mothers” or “gay fathers,” the
Regnerus study obscures the fact that it did not
specifically examine children raised by two same-sex
parents. Accordingly, it cannot speak to the impact of
same-sex parenting on child outcomes. As discussed
above, amici in support of BLAG and the Proposition 8
Proponents have themselves rejected such
“inappropriate comparisons” between stable and
unstable family structures, see Brief for American
College of Pediatricians at 4-5, as did the district court
in Perry, see 704 F.Supp. 2d at 981 (studies that make
apples-to-oranges comparisons are of no moment).
11
Regnerus himself recognizes that the survey data he relied
upon—the New Family Structures Study (NFSS)—“is poised to
address [questions] about the lives of young adults between the
ages of 18 and 39, but not about children or adolescents.” Regnerus
2012a at 755.
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20
The “Re-Stated” Regnerus Study Offers No Basis for
Conclusions About Same-Sex Parents
Regnerus acknowledged the merit of a series of
scholarly critiques regarding underlying aspects of his
research and subsequently published a second analysis
of the data. Among others, a group of over one hundred
social scientists signed an article faulting the Regnerus
study for failing to take account of family structure and
family instability. Gary J. Gates et al., Letter to the
Editor and Advisory Editors of Social Science Research,
41 Social Science Research 1350 (2012). The article
specifically criticized the Regnerus study’s failure to
“distinguish between the impact of having a parent
who has a continuous same-sex relationship from the
impact of having same-sex parents who broke-up from
the impact of living in a same sex stepfamily from the
impact of living with a single parent who may have
dated a same-sex partner.” Id. Regnerus tried to
remedy the fact that his initial published research did
not analyze whether the children had actually lived
with the parent who, according to the adult child, had
at some point, been “romantically involved” with
someone of the same sex. See Mark Regnerus, Parental
Same-Sex Relationships, Family Instability, and
Subsequent Life Outcomes for Adult Children:
Answering Critics of the New Family Structures Study
with Additional Analyses, 41 Social Science Research
1367, 1369 (2012) (“Regnerus 2012b”).
Nevertheless, Regnerus’s follow-up analysis does
not resolve the problems inherent in his initial analysis
and contains many of the same shortcomings. The
follow-up analysis maintained the flawed and
extremely broad definition of what constitutes “lesbian
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 31 of 43
21
mothers” and “gay fathers”—a mother or father who
ever had a romantic relationship with someone of the
same-sex during the period from the birth of the child
until the child turned eighteen (or left home to be on
their own). Id. at 1368. Accordingly, Regnerus’s
analysis continues to ignore stability as a factor in
child outcomes—a factor that explains many of the
differences among its subjects. And Regnerus still fails
to account for the duration of time spent with a mother
who was “romantically involved” with a same-sex
partner and that partner. See id. at 1372. Only two of
the eighty-five children who at some point lived with a
mother who was “romantically involved” with another
woman reported that they did so for the entire duration
of their childhood. Finally, Regnerus’s follow-up
analysis is still not reflective of same-sex parenting
because Regnerus could not remedy the fact that he
recorded experiences that occurred either during the
time the child lived with his or her mothers’ same-sex
partner or during another childhood time period.
If any conclusion can be reached from Regnerus’s
study, it is that family stability is predictive of child
wellbeing. As Regnerus himself notes, family structure
(for instance whether the family has a single parent or
two parents), matters significantly to child outcomes.
Regnerus 2012a at 761. As the social science consensus
described in Part I demonstrates, the evidence
regarding children raised by same-sex parents
overwhelmingly indicates that children raised by such
families fare just as well as children raised by opposite-
sex parents, and that children raised by same-sex
parents are likely to benefit from the enhanced
stability the institution of marriage would provide to
their parents and families. All told, the Regnerus
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 32 of 43
22
study, even as revised, does not undermine the
consensus that children raised by same-sex parents
fare just as well as those raised by opposite-sex
parents.
B) THE REMAINING STUDIES CITED BY
BLAG, THE PROPOSI TI ON 8
PROPONENTS, AND THEIR AMICI DO
NOT ADDRESS SAME-SEX PARENTS AND
THEREFORE DO NOT UNDERMINE THE
CONSENSUS
The other studies cited by BLAG, the Proposition 8
Proponents, and their amici in no way undermine the
consensus of social science research that children of
same-sex couples fare just as well as those of opposite-
sex couples. In continued apples-to-oranges fashion,
they rely on studies analyzing, inter alia, stepparents,
single parents, and adoptive parents—none of which
address same-sex parents or their children—in order to
make speculative statements about the wellbeing of
children of same-sex parents. Such inappropriate,
methodologically baseless comparisons provide no
factual support or justification for DOMA or
Proposition 8. Instead, the studies confirm that
parental stability and higher parental socioeconomic
resources are the key drivers of positive child outcomes.
Studies Regarding the Impact of Stepparents, Divorced
Parents, or Single parents
BLAG, the Proposition 8 Proponents, and their
amici rely on studies examining the impact of
stepparents, divorced parents, and single parents on
child wellbeing outcomes, and use these studies to
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 33 of 43
23
argue that two biological parents are necessary to
positive child outcomes. See Brief for Matthew B.
O’ Bri en as Ami cus Curi ae Support i ng
Petitioner–Hollingsworth at 17, No. 12-144, and
Respondent–BLAG, No. 12-307 (U.S. Jan. 29, 2013);
Brief for Social Science Professors as Amicus Curiae,
Nos. 12-144, 12-307, at 5 (U.S. Jan. 29, 2013). These
studies in no way examined same-sex parents or their
impact on child wellbeing. See, e.g., Sara McLanahan
& Gary Sandefur, Growing Up with a Single Parent 38
(1994) (comparing “disrupted” families with “intact”
families, but nowhere discussing same-sex parents );
Marilyn Coleman et al., Reinvestigating Remarriage:
Another Decade of Progress, 62 Journal of Marriage &
Family 1288 (2000) (comparing stepparents to non-
divorced parents, but not addressing same-sex
parents); Kristen Anderson Moore et al., Marriage from
a Child’s Perspective: How Does Family Structure Affect
Children, and What Can We Do About It?, Child Trends
Research Brief 1-2, 6 (2002), http://www.
childtrends.org/files/marriagerb602.pdf (comparing the
wellbeing of children raised by stepparents and single
parents to that of children raised by stable, two parent
families); Mark V. Flinn et al., Growth and Fluctuating
Assymetry of Stepchildren, 20 Evolutionary Human
Behavior 465 (1999) (analyzing the wellbeing of
children raised by stepfathers, but not addressing
same-sex parents); Nicholas H. Wolfinger,
Understanding the Divorce Cycle: The Children of
Divorce in Their Own Marriages (2005) (analyzing the
impact of divorce, but not addressing same-sex
parents). Accordingly, they cannot be relied upon as
scientific evidence regarding the effects of same-sex
parenting.
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 34 of 43
24
Aside from not specifically addressing same-sex
parents, the studies regarding stepparents and divorce
indicate that child outcomes are, on average, not as
positive because of the disruption caused by divorce or
the introduction of a new parent into the family, but do
not indicate that the source of the negative outcomes is
related to the fact that the stepparent is not
biologically related to the child. See, e.g., Moore at 1
(“Divorce is linked to academic and behavior problems
among children, including depression, antisocial
behavior, impulsive/hyperactive behavior, and school
behavior problems. Mental health problems linked to
marital disruption have also been identified among
young adults.”). Therefore, the argument that research
regarding stepparents is relevant to same-sex parents
because at least one of the same-sex parents is not the
biological parent, and is therefore “step” is misplaced.
In a planned, same-sex parent family, both parents
have brought the child into the family and raised the
child from infancy. Moreover, in many states, both
parents in same-sex parent families are legal parents
to the children.
Accordingly, all of the studies cited by BLAG, the
Proposition 8 Proponents, and their amici analyzing
the effects of single parents and stepparents are
mischaracterized by them. The research on children in
divorced, single parent, and stepparent families simply
says nothing about the wellbeing of children raised by
same-sex parents. As the district court determined
based on the evidence introduced at trial in the Perry
case, “[s]tudies comparing outcomes for children raised
by married opposite-sex parents to children raised by
single or divorced parents do not inform conclusions
about outcomes for children raised by same-sex parents
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 35 of 43
25
in stable, long-term relationships.” 704 F. Supp. 2d at
981.
In fact, the authors of one of the principal studies
relied on by BLAG—the Child Trends study—have
publicly responded that their study focused on children
being raised in families headed by single parents,
stepparents, and married, opposite-sex parents—not
same-sex parents. See Moore at Introductory
Disclaimer. The Child Trends authors expressly
disclaimed BLAG’s misuse of their study, explaining
that “no conclusions can be drawn from this research
about the wellbeing of children raised by same-sex
parents or adoptive parents.” Id. See also Chris
Johnson, Anti-Gay Briefs ‘Mischaracterized’ Study,
Wa s hi ng t o n Bl a d e ( J a n. 2 5 , 2 0 1 3 ) ,
http://www.washingtonblade.com/ 2013/01/25/anti-gay-
legal-briefs-mischaracterized-parenting-study.
The Child Trends study concluded something
entirely different than what was claimed by BLAG.
The study concluded that “when researchers have
compared marriage to cohabitation, they have found
that marriage is associated with better outcomes for
children.” Moore at 2. Extending this logic to the
context of same-sex couples and their children,
recognition of marriage rights of such couples could
improve, not impair, the wellbeing of children being
raised by currently unmarried same-sex parents. See
also Wendy D. Manning & Kathleen A. Lamb,
Adolescent Well-Being in Cohabiting, Married, and
Single-Parent Families 65 Journal of Marriage &
Family 876 (2003) (noting that marriage provides
enhanced socioeconomic resources to families,
improving child wellbeing outcomes); Pamela J. Smock
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 36 of 43
26
& Wendy D. Manning, Living Together Unmarried in
the United States: Demographic Perspectives and
Implications for Family Policy, 26 Law & Policy 87, 94
(2004) (discussing the role of marriage in contributing
to the stability of a family).
Studies Purporting to Examine the Effect of Two
Biological Parents
The amici in support of DOMA and Proposition 8
cite studies purporting to show the superiority of
biological parents over adoptive parents, see Brief for
Social Science Professors at 14 n.6 (citing Brent Miller
et al., Comparisons of Adopted and Non-Adopted
Adolescents in a Large, Nationally Representative
Sample, 71 Child Development 1458 (2000)), and a
publication by an advocacy organization purporting to
show problems for children conceived by donor sperm,
see Brief for Coalition for the Protection of Marriage as
Amicus Curiae Supporting Petitioner–Hollingsworth at
23, No. 12-144, and Respondent–BLAG, No. 12-307
(U.S. Jan. 29, 2013) (citing Institute for American
Values (Elizabeth Marquardt, Norval D. Glenn, &
Karen Clark, co-investigators), My Daddy’s Name is
Donor: A New Study of Young Adults Conceived
Through Sperm Donation (2010)). As with the rest of
their studies, these studies do not examine same-sex
parents or their children. It is hard to see the
relevance of these citations to the issue of marriage
rights for same-sex couples given that both adoption
and assisted reproduction are widely used by
heterosexual couples, as reflected in the very sources
cited in support of DOMA and Proposition 8.
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 37 of 43
27
In any case, there is no basis for the assertion that
adoption or assisted reproduction leads to negative
child outcomes. In fact, studies actually indicate that
children raised in adoptive families since infancy or in
families utilizing assisted reproduction techniques fare
just as well as other children. See also Gartrell & Bos
at 33-34 (showing that “adolescents who have been
raised since birth in planned lesbian families
demonstrate healthy psychological adjustment” and
that they in fact “demonstrated higher levels of social,
school/academic, and total competence than gender-
matched normative samples of American teenagers”);
Brent Miller et al., Comparisons of Adopted and Non-
Adopted Adolescents In A Large, Nationally
Representative Sample, 71 Child Development 1458
(2000) (finding little difference between adoptees and
non-adoptees who live in two-parents families, and
finding, to the extent there was any difference, that the
difference occurs in children who were adopted later in
their childhood). As put succinctly by the district court
in Perry, “[t]he genetic [or biological] relationship
between a parent and a child is not related to a child’s
adjustment outcomes.” 704 F.Supp. 2d at 981.
12

12
The amici of BLAG and Proposition 8 Proponents cite to the
assertion that children have a “right” to their biological parents
because they allegedly fare better with such parents. Margaret
Somerville, Children’s Human Rights to Natural Biological Origins
and Family Structure, 1 International Journal of Jurisprudence of
the Family 35 (2010). However, when this same opinion was
offered to the Iowa Supreme Court in its evaluation of marriage
rights for same-sex couples, it was dismissed as being “largely
unsupported by reliable scientific studies.” Varnum v. Brien, 763
N.W.2d 862, 899 (Iowa 2009).
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 38 of 43
28
Studies Regarding Gender Roles in Opposite-Sex
Family
The amici also rely on a number of studies that
examine the parental roles of mothers and fathers
within the context of opposite-sex parent families and
claim that these studies demonstrate that children’s
wellbeing depends on having both a male and female
parent. See Brief for Coalition for Protection of
Marriage at 33; Brief for Social Science Professors at
7.
13
But these studies do not support this suggestion
and reliance on them is misplaced for multiple reasons.
First, like the other studies cited by BLAG, the
Proposition 8 Proponents, and their amici, these
studies do not examine the parenting and disciplinary
dynamics of same-sex parents. Without any social
science evidence to support their conclusion, the amici
ask the Court to deduce that a child raised by two gay
husbands would not receive the necessary neural
development or improvement in emotional and
communicative skills. No such conclusion is proper
based on these or any studies. Second, BLAG, the
Proposition 8 Proponents, and their amici ignore the
fact that the research regarding different parenting
13
Citing C.A. Nelson & M. Bosquet, Neurobiology of Fetal and
Infant Development: Implications for Infant Mental Health, in
Handbook of Infant Mental Health 37-59 (C.H. Zeanah Jr. ed., 2d
ed. 2000); Eleanor Maccoby, The Two Sexes 266-67 (1998); Paul R.
Amato & Fernando Rivera, Paternal Involvement and Children’s
Behavior Problems, 61 Journal of Marriage & Family 375 (1999);
Shmuel Shulman & Moshe M. Klein, Distinctive Role of the Father
in Adolescent Separation-Individuation, 62 New Directions for
Child & Adolescent Development 41, 53 (1993).
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 39 of 43
29
roles and styles indicates that those roles are relative
and nothing in the research indicates that same-sex
couples are not able to provide such relative parenting
dynamics. See David Popenoe, Life Without Father:
Compelling New Evidence that Fatherhood & Marriage
Are Indispensable for the Good of Children & Society
147 (1996) (noting that among same-sex parents, one
partner commonly fills the “male-instrumental role
while the other fills the female-expressive role” in
rearing their children). Third, the research also
indicates that there is a range of parenting styles, that
no couples parent identically, and that children do not
need their parents to adopt particular parenting styles
to be well adjusted. See Paul R. Amato & Frieda
Fowler, Parenting Practices, Child Adjustment, and
Family Diversity, 64 Journal of Marriage & Family
703, 714 (2002) (“When parents spend time with
children, help with homework, talk about problems,
provide encouragement, and show affection, children do
well.”).
Finally, arguments based on rigid gender roles
should be rejected as this Court has declined to rely
upon “outdated misconceptions” and “loose-fitting
characterizations” regarding gender. See Craig v.
Boren, 429 U.S. 190, 198-99 (1976); see also Price
Waterhouse v. Hopkins, 490 U.S. 228, 251 (1989) (“[W]e
are beyond the day when an employer could evaluate
employees by assuming or insisting that they matched
the stereotype associated with their group[.]”). As the
district court in Perry concluded after examining the
social science evidence presented, including the
testimony of Dr. Lamb, “[c]hildren do not need to be
raised by a male parent and a female parent to be well-
adjusted, and having both a male and a female parent
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 40 of 43
30
does not increase the likelihood that a child will be
well-adjusted.” 704 F. Supp. 2d at 981.
Nor do the studies relied on by the amici that
examine the role of absentee fathers, see, e.g., Popenoe
at 146, establish that, within the context of same-sex
parenting, fathers are necessary to the child’s
wellbeing. In fact, the research regarding the negative
impact of absentee fathers, such as David Popenoe’s,
has nothing to do with the unique contributions of
fathers, but rather with the loss of a parental
relationship. Id. at 139 (“Much of what fathers
contribute to child development, of course, is simply the
result of being a second adult in the home. Other
things being equal, two adults are far better than one
in raising children. As the distinguished developmental
psychologist Urie Bronfenbrenner has noted, the
quality of interaction between principal caregiver and
child depends heavily on the availability and
involvement of another adult, a third party who assists,
encourages, spells off, gives status to, and expresses
admiration and affection for the person caring for and
engaging in joint activity with the child.” (internal
quotations omitted)).
In sum, the studies relied on by BLAG, the
Proposition 8 Proponents, and their amici examine
child outcomes within the context of opposite-sex
relationships, and do not address the impact of same-
sex parents on child wellbeing. These studies do not
undermine the social science consensus, supported by
the most reliable studies available, that children raised
by same-sex parents fare just as well as children raised
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 41 of 43
31
by opposite-sex parents across a broad spectrum of
indicators.
14

CONCLUSION
The social science consensus is both conclusive and
clear: children fare just as well when they are raised by
same-sex parents as when they are raised by opposite-
sex parents. This consensus holds true across a wide
range of child outcome indicators and is supported by
numerous nationally representative studies.
Accordingly, assuming that either DOMA or
Proposition 8 has any effect on whether children are
raised by opposite-sex or same-sex parents, there is no
basis to prefer opposite-sex parents over same-sex
parents and neither DOMA nor Proposition 8 is
justified. The research supports the conclusion that
extension of marriage rights to same-sex couples has
the potential to improve child wellbeing insofar as the
institution of marriage may provide social and legal
support to families and enhances family stability, key
drivers of positive child outcomes. The Regnerus study
and other studies relied on by BLAG, the Proposition 8
Proponents, and their amici provide no basis for their
arguments, because they do not directly examine the
wellbeing of children raised by same-sex parents.
14
A handful of the studies cited by BLAG, the Proposition 8
Proponents, and their amici appear based on their titles to study
same-sex parents and their children. They do not. For example,
the Brief for Social Science Professors cites to a sociologist who
critiques marriage rights for same-sex couples, but that critique is
not grounded in scientific evidence, but is simply an opinion essay.
Norval D. Glenn, The Struggle for Same-Sex Marriage, 41 Society
27 (2004).
Case 5:13-cv-00982-OLG Document 25-11 Filed 11/22/13 Page 42 of 43
32
These studies therefore do not undermine the
consensus from the social science research and do not
establish a “common sense” basis for DOMA or
Proposition 8.
The decisions of both the United States Courts of
Appeals for the Second and Ninth Circuits should be
affirmed.
Respectfully submitted,
CARMINE D. BOCCUZZI, JR.
Counsel of Record for Amicus Curiae
SCOTT THOMPSON
MARK LIGHTNER
CLEARY GOTTLIEB STEEN &
HAMILTON LLP
ONE LIBERTY PLAZA
NEW YORK, NY 10006
(212) 225-2000
cboccuzzi@cgsh.com
February 28, 2013
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EXHIBIT 44
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1/26/13 N.Y. Times A1
2013 WLNR 2029121
Loaded Date: 01/26/2013
New York Times (NY)
Copyright 2013 The New York Times Company
January 26, 2013
Section: A
Openly Gay, and Openly Welcomed in Congress
JEREMY W. PETERS
WASHINGTON -- When Mark Takano ran unsuccessfully for Congress twice in the early 1990s, his opponents
tried to smear him as a "homosexual liberal" and a "nutzoid."One of them even had pink fliers printed that
asked, "A Congressman for Riverside ...Or San Francisco?"
When he ran again last year, he won by almost 20 points. "Flash forward 18 years," Mr. Takano said recently,
"and the very macho building tradesmen are behind me.I'm getting pictures with them in their hard hats."
For decades, the words "gay" and "Congress" were usually seen together only in stories of scandal and shame:
an arrest after an illicit proposition in an airport bathroom, accusations of trawling for sex on a phone ser-
vice.When Gerry E. Studds came out 30 years ago, the first congressman to do so, it was only after an affair
with a 17-year-old Congressional page was revealed.
But in the 113th Congress there are six openly gay or bisexual members in the House -- a small but tangible sign
that their presence at the highest levels of government is no longer something only whispered about.The Senate
has its first lesbian, Tammy Baldwin of Wisconsin.The lawmakers' partners, no longer relegated to the shadows
or introduced generically as "friends," stood beside them on the House floor when they were sworn in this
month.Their adopted children are attending Congressional retreats.
And this week they sat in President Obama's presence as he insisted on equality for "our gay brothers and sis-
ters," words few of them ever expected to hear in a president's Inaugural Address.
Congress has never been an accurate reflection of the country it serves.It remains far whiter, wealthier and more
male than the nation's population.But as their numbers in Congress gradually increase, there is a sense among
these newcomers that they are forcing some of their colleagues to rethink gay rights and homosexuality.The
presence of openly gay men and women and their families was a factor that many believe was decisive in turn-
ing the tide for states where same-sex marriage was legalized by legislatures.Seeing them helped put a human
1/26/13 NYT A1 Page 1
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
Case 5:13-cv-00982-OLG Document 25-14 Filed 11/22/13 Page 2 of 5
face on a concept that many legislators had thought about only in the abstract.
Yet even with the opportunities gay men, lesbians and bisexuals say their membership in Congress presents,
their reception has not been a completely warm one.One of the first acts of the Republican-controlled House was
to set aside funds to defend the 1996 law that prohibits the recognition of same-sex marriages because the
Obama administration has stopped supporting it.And not everyone seems completely comfortable with their
presence, like members of a Christian prayer group who seemed taken aback at a recent Congressional retreat
when one noted he was married to a man.But in some ways the most telling sign of the gay lawmakers' advance-
ment in Congress is the fact that their presence is now a little more routine.
"It's becoming -- ever so slowly -- more than a novelty to be a gay member of Congress," said Representative
David Cicilline of Rhode Island.Like all the openly gay, lesbian and bisexual members, Mr. Cicilline is a Demo-
crat.
Representative Jared Polis of Colorado observed that it was not too long ago "when it was just Barney and
Tammy."He was referring to Ms. Baldwin, a member of the House before she was elected to the Senate, and
Barney Frank of Massachusetts, who retired but was the first member of Congress to speak openly about his ho-
mosexuality.
"But with six of us" in the House, "it's harder to keep track.And it's always going to be assumed that there are
gays and lesbians in the room," added Mr. Polis, who has a young son with his partner and is the most senior gay
member of the House.Together the six of them will lead a caucus that will champion gay rights and other equal
protection issues.The other members will include Mr. Cicilline; Mr. Takano of California; Sean Patrick Maloney
of New York; Kyrsten Sinema of Arizona, who is bisexual; and Mark Pocan of Wisconsin.
Mr. Pocan was elected to fill Ms. Baldwin's House seat.In the last Congress, there were four openly gay or lesbi-
an House members and none in the Senate.
The retirement of Mr. Frank, long the dominant voice on gay rights in Congress, also opens the door to some of
the newer, fresher faces to take more visible and influential roles. "Barney Frank, who we all know and love, is
one of those larger-than-life personalities," Mr. Polis said. "But certainly the way I'd approach this is in a much
more collaborative manner."
Seven out of 535 is still relatively small.It equals just over 1 percent of the seats in the House and Senate.
"Seven isn't great," conceded Denis Dison, a senior strategist with the Victory Fund, which works to elect
openly gay, lesbian, bisexual and transgendered people to public office.
Mr. Dison said he had recently added up the numbers of people who have served in Congress since the country's
birth.It added up to nearly 12,000, he said, and he can still count on both hands the number of those who were
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openly gay. "But there was an amazing leap forward in 2012 relative to history," Mr. Dison added. "And in 2014
if two or three or four more out candidates are elected, this is not going to seem as big an accomplishment."
The makeup of the Republican-controlled House shows just how much of a climb gay rights supporters face.The
Human Rights Campaign said that it counts only 184 of 435 members as solid supporters on the issue.By con-
trast, it counts 220 -- a majority -- as opponents of gay rights.
In the Senate, the group says it considers 42 members opposed to gay rights and 42 in favor.
And the new gay members say there have been awkward moments.Mr. Pocan said that when he was at a recent
retreat for new members, representatives from a Christian organization stopped in to ask him if he would be in-
terested in attending one of their prayer groups.One of them asked him if his wife had accompanied him to the
retreat.He is married and wears a ring.
"I said, 'No, but my husband did,' " he recalled.An awkward pause followed. "Then she said, 'Well, we have
more offices to go to now.' "
For some of the gay members, their freshman orientation sessions were a reminder of just how unequally the law
treats them, since the entity that cuts their paychecks and provides benefits -- the United States government -- is
barred from recognizing their relationships.
"They would be explaining what your benefits were, then all of a sudden this embarrassed look would flash
across their face like, 'Oh, sorry.I guess this doesn't apply to you,' " Mr. Maloney said.
At a ceremonial swearing-in this month by John A. Boehner, the Republican speaker of the House, standing
alongside Mr. Maloney were his partner of 20 years and their three adopted children.
PHOTOS: Representative Sean Patrick Maloney, right, and his family posed with John A. Boehner,
left.(PHOTOGRAPH BY CHARLES DHARAPAK/ASSOCIATED PRESS) (A1); From left, Representatives
Mark Takano, David Cicilline, Kyrsten Sinema, Sean Patrick Maloney and Mark Pocan were honored on Jan. 4
at a dinner celebrating the victories of seven newly sworn-in openly gay, lesbian and bisexual members of Con-
gress.(PHOTOGRAPH BY DREW ANGERER FOR THE NEW YORK TIMES) (A12)
---- INDEX REFERENCES ---
NEWS SUBJECT: (Business Management (1BU42); Gay & Lesbian Issues (1GA65); Gay & Lesbian Market
(1GA37); Government (1GO80); Health & Family (1HE30); Human Sexuality (1HU27); Legislation (1LE97);
Sales & Marketing (1MA51); Social Issues (1SO05); Target Markets (1TA03))
REGION: (Americas (1AM92); North America (1NO39); U.S. Midwest Region (1MI19); U.S. New England
Region (1NE37); USA (1US73); Wisconsin (1WI54))
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Language: EN
OTHER INDEXING: (Mark Takano; Mark Pocan; Jared Polis; Kyrsten Sinema; Sean Patrick Maloney; Tammy
Baldwin; David Cicilline; DREW ANGERER; Barney; Gerry Studds; John Boehner; Barney Frank; Denis Dis-
on; Barack Obama; CHARLES DHARAPAK)
EDITION: Late Edition - Final
Word Count: 1239
1/26/13 NYT A1
END OF DOCUMENT
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EXHIBIT 45
Case 5:13-cv-00982-OLG Document 25-15 Filed 11/22/13 Page 1 of 4
1/9/13 El Paso Times (El Paso, Tex.) (Pg. Unavail. Online)
2013 WLNR 570280
Loaded Date: 01/09/2013
El Paso Times (El Paso, TX)
Copyright 2013 El Paso Times, Texas
January 9, 2013
Gay El Paso rep writes self into Texas Legislature history
Zahira Torres \ Austin Bureauelpasotimes.Com
El Paso Times, Texas
Jan. 09--AUSTIN -- State Rep. Mary Gonzalez made history Tuesday when she began her first day in the
Texas Legislature.
Gonzalez is the first woman to represent the Lower Valley's District 75 in the Texas House and the first openly
gay woman to be elected to the state Legislature.
"I'm really proud that we have broken a lot of glass ceilings on so many levels, but I've worked really hard not to
let that distract from what we're trying to do," said Gonzalez, who identifies herself as "pansexual," or someone
who is attracted to people regardless of their gender.
She said, "We're really trying to make a difference for the district to focus on infrastructure, education and eco-
nomic development."
Gonzalez, the newest addition
to El Paso's five-member delegation, was sworn into office Tuesday in Austin as lawmakers from across the
state convened for the start of the 83rd legislative session. She joined state Sen. Jose Rodriguez and state Reps.
Joe Pickett, Marisa Marquez, Naomi Gonzalez and Joe Moody.
Moody returned to the state House after defeating Republican Dee Margo in their third matchup for the seat that
represents parts of Northeast and West El Paso.
"Having been here and having lost that and not being here and watching what happened last session, the gravity
of the job we have to do is not lost on me," Moody said. "I want people back in El Paso to know how much this
means to me -- not for me, not for my family -- I want them to know this
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is for them. I want to do well and make the people back at home proud."
As a top priority for the 140-day legislative session, both Moody and Gonzalez touted education, which will
probably spur battles over funding, accountability and a plan to use taxpayer dollars to give vouchers to public
school students whose parents would rather they attend private schools.
Moody shared goals that included securing research buildings for the University of Texas at El Paso and Texas
Tech's Paul
L. Foster School of Medicine, creating a visitors center at Franklin Mountains State Park and making sure the
University of Texas at El Paso is not kept from tapping into state funding for which it qualifies, money for
which it was snubbed two years ago.
Gonzalez said she wants to bolster dairy farms in El Paso, pass legislation that sets up a structure for establish-
ing zoning requirements around the soon-to-be Tornillo port of entry and create a state work-study program that
would be piloted in El Paso.
But area Democratic lawmakers know that some of the items on their wish lists may prove tough to accomplish.
Republicans are the majority in the state Senate by 19 to 12 seats, and they dominate the state House with 95
of 150 seats occupied.
"I worry that with only 55 Democrats and 95 Republicans, it's going to be a lot harder to get things done,"
Gonzalez said. "As much as I want to do as much as I possibly can, there's the reality of political numbers to get
things done. And so, that's why in order to be effective, I have to have short-term and long-term goals."
Moody's parents, Magdalena Morales-Moody and El Paso Judge Bill Moody, celebrated their son's persistence
to return to the state Legislature after his 2010 loss to Margo. Joe Moody and his wife, Adrianne, had to move
into a new home soon after their wedding because a change in political boundary lines would have kept Moody
from seeking the office.
"It's just a very humbling experience that he's been given the opportunity to be back to serve the people of El
Paso and continue the work he started," Magdalena Morales-Moody said. "It's very gratifying for all the work
that he and Adrianne put forth and his team of campaign workers and family members."
Gonzalez's father, Alfred P. Gonzalez, said he initially tried to dissuade his daughter from running for office by
encouraging her to finish her doctoral degree and to follow a different career path. But Mary Gonzalez never re-
linquished her political ambitions.
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On Tuesday, her father sat proudly in his daughter's Capitol office.
"It's humbling," he said. "I'm very proud. I just want to be here to support her and wish her the best. I know it's
not an easy task."
Alfred Gonzalez, a Republican, said he believes his daughter, a Democrat, will be able to work effectively with
both political parties. Still, he managed to have some fun with their party affiliations.
"I'm a very proud Republican," Alfred Gonzalez said. He joked, "I don't know how she ended up being a Demo-
crat. I've thought about that many hours. 'What did I ever do to you, God?' "
Zahira Torres may be reached at ztorres@elpasotimes.com; 512-479-6606.
___
(c)2013 the El Paso Times (El Paso, Texas)
Visit the El Paso Times (El Paso, Texas) at www.elpasotimes.com
Distributed by MCT Information Services
---- INDEX REFERENCES ---
COMPANY: MARGO FINANCE LTD; EL PASO ELECTRIC CO
NEWS SUBJECT: (Government (1GO80); Campaigns & Elections (1CA25); Political Parties (1PO73); Legisla-
tion (1LE97); U.S. Congressional Campaigns (1US07))
INDUSTRY: (Midstream Oil & Gas (1MI75); Midstream Oil (1MI47); Crude Oil (1CR88); Oil & Gas (1OI76);
Americas Crude Oil (1AM35); Energy & Fuel (1EN13); U.S. Crude Oil (1US90))
REGION: (U.S. Southwest Region (1SO89); North America (1NO39); Americas (1AM92); Texas (1TE14);
USA (1US73))
Language: EN
OTHER INDEXING: (Joe Moody; Joe Pickett; William Moody; Jose Rodriguez; Adrianne; Naomi Gonzalez;
Mary Gonzalez; Alfred Gonzalez; Marisa Marquez; Magdalena Morales-Moody)
Word Count: 822
1/9/13 ELPASOTIMES (No Page)
END OF DOCUMENT
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EXHIBIT 46
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5/9/12 N.Y. Times A15
2012 WLNR 9730012
Loaded Date: 05/09/2012
New York Times (NY)
Copyright 2012 The New York Times Company
May 9, 2012
Section: A
Ban on Gay Marriage Passes in North Carolina
CAMPBELL ROBERTSON
As expected, North Carolinians voted in large numbers on Tuesday for an amendment that would ban same-sex
marriages, partnerships and civil unions, becoming the 30th state in the country and the last in the South to in-
clude a prohibition on gay marriage in the state constitution.
About half a million people voted early, a record for a primary in the state, and turnout on Tuesday was unusu-
ally high as well.The amendment, which passed by a margin of more than 20 percentage points, was on the bal-
lot along with other party primary races, some of which were closely contested.
The vote came after weeks of heated debate in church pews and over the airwaves.More than $3 million was
spent on the rival campaigns.Ministers formed coalitions pushing for and against the measure, and cities passed
resolutions condemning it.Former President Bill Clinton and the Rev. Billy Graham weighed in on opposite
sides, and law professors skirmished over the consequences.
North Carolina, a religious but also relatively moderate state on social issues, already has a law banning same-
sex marriage.But Republican lawmakers pushed an amendment out of concern that the law was in danger of be-
ing struck down by judges.
While public opinion is shifting rapidly across the country and same-sex marriage continues to achieve legal re-
cognition state by state, polls in North Carolina before the vote showed a narrowing but comfortable margin for
passage.
''We are not anti-gay -- we are pro-marriage,'' Tami Fitzgerald, chairwoman of the executive committee for the
pro-amendment Vote for Marriage NC, said at a victory rally in Raleigh, where supporters ate pieces of a wed-
ding cake topped by figures of a man and a woman. ''And the point, the whole point is simply that you don't re-
write the nature of God's design for marriage based on the demands of a group of adults.''
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Opponents had raised almost twice as much money as the amendment's supporters and had a robust network of
volunteers and get-out-the-vote workers.
''We know that we pushed the needle forward,'' Jeremy Kennedy, the campaign manager for the Coalition to Pro-
tect All NC families, a group that fought the amendment, said to a group of staff members and volunteers after
the vote. ''This is just a skirmish, a battle in the war that we will win.''
Mr. Kennedy added, ''We gave everything we had.''
The North Carolina amendment declares that ''marriage between one man and one woman is the only domestic
legal union that shall be valid or recognized in this state.''
A group of family law professors across the state called the language vague and untested, and warned that, in ad-
dition to applying to all variations of same-sex unions, it could also apply to the more than 150,000 straight
couples in the state who live together but are unmarried.This could invalidate domestic-violence protections, un-
dercut child custody arrangements and jeopardize hospital visiting rights, they said.
Three law professors from Campbell University, a Baptist college about 30 miles south of Raleigh, came out
with a paper contesting this analysis, saying that this ''much broader view of the amendment and its con-
sequences has little support in the amendment's language or context, or in court decisions from North Carolina
or other states.''
Polling showed that feelings about the issue were divided in North Carolina as they are across much of the na-
tion: along generational lines, with younger voters opposed to the amendment.
PHOTO: Signs outside a polling site in Wilmington, N.C. The vote on an amendment to the State Constitution
banning same-sex marriage came after weeks of debate in churches and on the airwaves.(PHOTOGRAPH BY
KEN BLEVINS/WILMINGTON STAR NEWS, VIA ASSOCIATED PRESS)
---- INDEX REFERENCES ---
NEWS SUBJECT: (Gay & Lesbian Issues (1GA65); Government (1GO80); Health & Family (1HE30); Legisla-
tion (1LE97); Public Affairs (1PU31); Social Issues (1SO05))
REGION: (Americas (1AM92); North America (1NO39); North Carolina (1NO26); U.S. Southeast Region
(1SO88); USA (1US73))
Language: EN
OTHER INDEXING: (Tami Fitzgerald; Bill Clinton; KEN BLEVINS; Billy Graham; Jeremy Kennedy)
EDITION: Late Edition - Final
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Word Count: 650
5/9/12 NYT A15
END OF DOCUMENT
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EXHIBIT 48
Case 5:13-cv-00982-OLG Document 25-18 Filed 11/22/13 Page 1 of 3
Office of the Secretary of State
Race Summary Report
2005 Constitutional Amendment Election
11/8/2005
RACE NAME PARTY
CANVASS
VOTES
PERCENT
Prop. 1 Texas rail facilities funding created
IN FAVOR 1,112,718 53.77%
AGAINST 956,350 46.22%
-----------
Race Total 2,069,068
----------------------------------------
Prop. 2 Same sex marriage denied legal status
IN FAVOR 1,723,782 76.25%
AGAINST 536,913 23.74%
-----------
Race Total 2,260,695
----------------------------------------
Prop. 3 Economic development programs do not
constitute debt
IN FAVOR 1,025,173 51.82%
AGAINST 952,998 48.17%
-----------
Race Total 1,978,171
----------------------------------------
Prop. 4 Bail denied for pre-trial release violations
IN FAVOR 1,813,290 84.91%
AGAINST 322,168 15.08%
-----------
Race Total 2,135,458
----------------------------------------
Prop. 5 Commercial loan interest rates defined by
Legislature
IN FAVOR 880,379 43.41%
AGAINST 1,147,628 56.58%
-----------
Race Total 2,028,007
Page 1 of 2
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Case 5:13-cv-00982-OLG Document 25-18 Filed 11/22/13 Page 2 of 3
SOS Home Page Election History Page Election Home Page
For comments or suggestions, please e-mail webmaster@sos.state.tx.us
----------------------------------------
Prop. 6 Members added to State Commission on
Judicial Conduct
IN FAVOR 1,246,127 62.59%
AGAINST 744,585 37.40%
-----------
Race Total 1,990,712
----------------------------------------
Prop. 7 Line of credit advances under reverse mortgage
IN FAVOR 1,201,740 59.74%
AGAINST 809,839 40.25%
-----------
Race Total 2,011,579
----------------------------------------
Prop. 8 Certain land titles cleared in Upshur & Smith
counties
IN FAVOR 1,153,241 61.25%
AGAINST 729,392 38.74%
-----------
Race Total 1,882,633
----------------------------------------
Prop. 9 Six-Year term for regional mobility authority
IN FAVOR 913,358 46.67%
AGAINST 1,043,525 53.32%
-----------
Race Total 1,956,883
Page 2 of 2
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EXHIBIT 49
Case 5:13-cv-00982-OLG Document 25-19 Filed 11/22/13 Page 1 of 2
Public Policy/Advocacy
AAANET Home > Issues & News > Public Policy/Advocacy > Statement on Marriage and the Family
Statement on Marriage and the Family
Arlington, Virginia--The Executive Board of the American Anthropological Association, the world's largest organization of anthropologists, released the
following statement on February 26, 2004 in response to President Bush's call for a constitutional amendment banning gay marriage as a threat to
civilization:
The results of more than a century of anthropological research on households, kinship relationships, and families, across cultures and
through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an
exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including
families built upon same-sex partnerships, can contribute to stable and humane societies.
The Executive Board of the American Anthropological Association strongly opposes a constitutional amendment limiting marriage to
heterosexual couples.
Media Coverage:
Scientists counter Bush view Families varied, say anthropologists by Charles Burress, AAA member Laura Nader was quoted, The San
Francisco Chronicle, Feb 27, 2004
Gay Marriages Fit into This Adaptable Institution op-ed by Robert Myers, USATODAY, March 14, 2004
An Elastic Institution, op-ed by anthropologists John Borneman and Laurie Kain Hart discussing marriage, Washington Post, April 14, 2004.
Anthropologists Debunk "Traditional Marriage" Claim, by Adrian Brune, features AAA statement, Roger Lancaster and Dan Segal, Washington
Blade, April 16, 2004
Page 1 of 1 Statement on Marriage and the Family
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EXHIBIT 56
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HOUSEJOURNAL
SEVENTY-NINTH LEGISLATURE, REGULAR SESSION
PROCEEDINGS
FIFTY-FIFTH DAY — MONDAY, APRIL 25, 2005
The house met at 10 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present
(Recordi391).
Present — Mr. Speaker; Allen, A.; Allen, R.; Alonzo; Anchia; Anderson;
Bailey; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.;
Burnam; Callegari; Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook,
B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi;
Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler;
Elkins; Escobar; Farabee; Farrar; Flynn; Frost; Gallego; Gattis; Geren; Giddings;
Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen;
Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hegar; Herrero;
Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hughes;
Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.;
King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Leibowitz;
Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds;
Menendez; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat;
Noriega, M.; Olivo; Orr; Otto; Paxton; Pen˜ a; Phillips; Pickett; Pitts; Puente;
Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith,
T.; Smith, W.; Solis; Solomons; Strama; Straus; Swinford; Talton; Taylor;
Thompson; Truitt; Turner; Van Arsdale; Veasey; Villarreal; Vo; West; Wong;
Woolley; Zedler.
Absent, Excused — Nixon; Oliveira; Smithee.
Absent — Flores; Hartnett; Uresti.
The invocation was offered by Carl Todi, senior pastor, Trinity Church,
Lubbock.
The speaker recognized Representative Isett who led the house in the
pledges of allegiance to the United States and Texas flags.
LEAVES OFABSENCE GRANTED
The following member was granted leave of absence for today because of
illness:
Oliveira on motion of McReynolds.
The following member was granted leave of absence for today because of
illness in the family:
Nixon on motion of Denny.
Case 5:13-cv-00982-OLG Document 25-26 Filed 11/22/13 Page 2 of 17
The following member was granted leave of absence temporarily for today
to attend a funeral:
Smithee on motion of Berman.
REGULAR ORDER OF BUSINESS SUSPENDED
On motion of Representative Denny and by unanimous consent, the reading
and referral of bills was postponed until just prior to adjournment.
CAPITOL PHYSICIAN
The speaker recognized Representative Hope who presented Dr. Gregg
Hallbauer of Conroe as the "Doctor for the Day."
The house welcomed Dr. Hallbauer and thanked him for his participation in
the Physician of the Day Program sponsored by the Texas Academy of Family
Physicians.
(Woolley in the chair)
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to
the daily journal, Messages from the Senate, Message No. 1).
HR 1227 - ADOPTED
(by Zedler)
Representative Zedler moved to suspend all necessary rules to take up and
consider at this time HRi1227.
The motion prevailed.
The following resolution was laid before the house:
HR 1227, Commending the Shaken Baby Alliance of Fort Worth during
Child Abuse Prevention Month for its work toward eradicating Shaken Baby
Syndrome.
HR 1227 was read and was adopted.
HR 1245 - ADOPTED
(by Hill)
Representative Hill moved to suspend all necessary rules to take up and
consider at this time HRi1245.
The motion prevailed.
The following resolution was laid before the house:
HR 1245, Honoring the L. V. Berkner High School Concert Band on
receiving a 2004 Sudler Flag of Honor from the John Philip Sousa Foundation.
HR 1245 was adopted.
2194 79th LEGISLATURE — REGULAR SESSION
Case 5:13-cv-00982-OLG Document 25-26 Filed 11/22/13 Page 3 of 17
HR 1231 - ADOPTED
(by Farabee)
Representative Farabee moved to suspend all necessary rules to take up and
consider at this time HRi1231.
The motion prevailed.
The following resolution was laid before the house:
HR 1231, Honoring the Wichita Falls Boys & Girls Clubs on their 76th
anniversary.
HR 1231 was adopted.
HR 1335 - ADOPTED
(by Guillen)
Representative Guillen moved to suspend all necessary rules to take up and
consider at this time HRi1335.
The motion prevailed.
The following resolution was laid before the house:
HR 1335, Honoring the elementary school guidance counselors of the Rio
Grande City Independent School District on the occasion of their visit to the State
Capitol.
HR 1335 was read and was adopted.
HR 935 - ADOPTED
(by Hilderbran)
Representative Hilderbran moved to suspend all necessary rules to take up
and consider at this time HRi935.
The motion prevailed.
The following resolution was laid before the house:
HR 935, In memory of Walter B. Hailey, Jr., of Hunt.
HR 935 was read and was unanimously adopted by a rising vote.
INTRODUCTION OF GUESTS
The chair recognized Representative Hilderbran who introduced the family
of Walter B. Hailey, Jr.
(Speaker in the chair)
HR 1336 - ADOPTED
(by Harper-Brown)
Representative Harper-Brown moved to suspend all necessary rules to take
up and consider at this time HRi1336.
The motion prevailed.
The following resolution was laid before the house:
Monday, April 25, 2005 HOUSE JOURNAL — 55th Day 2195
Case 5:13-cv-00982-OLG Document 25-26 Filed 11/22/13 Page 4 of 17
HR 1336, Honoring members of the Irving Girls Cheerleader Association
(IGCA) on their many accomplishments.
HR 1336 was read and was adopted.
On motion of Representative Edwards, the names of all the members of the
house were added to HRi1336 as signers thereof.
SCR 31 - ADOPTED
(Craddick - House Sponsor)
Representative Swinford moved to suspend all necessary rules to take up
and consider at this time SCRi31.
The motion prevailed.
The following resolution was laid before the house:
SCR 31, Recognizing Amarillo and the Texas Panhandle for their
observance of National Day of Prayer on May 5, 2005.
SCR 31 was adopted.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 187 ON SECOND READING
(Rose, Naishtat, and J. Davis - House Sponsors)
SB 187, A bill to be entitled An Act relating to permissible uses of money in
the comprehensive rehabilitation fund.
SB 187 was considered in lieu of HB 134.
SBi187 was read second time and was passed to third reading. (In
accordance with House Rule 5, Section 51(b), every member present must have
favored passage of the measure, but any member may register their position with
the journal clerk. No members registered their position on this measure.)
HB 134 - LAID ON THE TABLE SUBJECT TO CALL
Representative Rose moved to lay HBi134 on the table subject to call.
The motion prevailed.
(Uresti now present)
SB 402 ON SECOND READING
(Hamric - House Sponsor)
SB 402, A bill to be entitled An Act relating to the administration and
functions of the Texas State Board of Podiatric Medical Examiners; providing an
administrative penalty.
SB 402 was considered in lieu of HB 1435.
2196 79th LEGISLATURE — REGULAR SESSION
Case 5:13-cv-00982-OLG Document 25-26 Filed 11/22/13 Page 5 of 17
SBi402 was read second time and was passed to third reading. (In
accordance with House Rule 5, Section 51(b), every member present must have
favored passage of the measure, but any member may register their position with
the journal clerk. No members registered their position on this measure.)
HB 1435 - LAID ON THE TABLE SUBJECT TO CALL
Representative Hamric moved to lay HBi1435 on the table subject to call.
The motion prevailed.
CSHB 634 ON SECOND READING
(by Baxter, Rose, Branch, et al.)
CSHB 634, A bill to be entitled An Act relating to requiring public officials
to receive training in the requirements of the open meetings and public
information laws.
CSHB 634 was read second time on April 18 and was postponed until
10ia.m. today.
Representative Baxter moved to postpone consideration of CSHBi634 until
10 a.m. May 2.
The motion prevailed.
CSHB 1457 ON SECOND READING
(by Delisi)
CSHB 1457, A bill to be entitled An Act relating to drug compounding by a
pharmacy for a practitioner ’ s office use and to distribution of compounded and
prepackaged drugs to pharmacies under common ownership.
CSHB 1457 was read second time on April 18 and was postponed until
10ia.m. today.
Representative Delisi moved to postpone consideration of CSHBi1457 until
10 a.m. April 27.
The motion prevailed.
SB 566 ON SECOND READING
(Delisi - House Sponsor)
SB 566, A bill to be entitled An Act relating to a Medicaid buy-in program
for employed persons with disabilities.
SB 566 was considered in lieu of CSHB 1135.
SBi566 was read second time and was passed to third reading. (In
accordance with House Rule 5, Section 51(b), every member present must have
favored passage of the measure, but any member may register their position with
the journal clerk. No members registered their position on this measure.)
CSHB 1135 - LAID ON THE TABLE SUBJECT TO CALL
Representative Delisi moved to lay CSHBi1135 on the table subject to call.
The motion prevailed.
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LEAVE OFABSENCE GRANTED
The following member was granted leave of absence temporarily for today
because of important business:
Eiland on motion of McCall.
HB 183 - VOTE RECONSIDERED
Representative F. Brown moved to reconsider the vote by which HB 183
was passed.
The motion to reconsider prevailed.
HB 183 ON THIRD READING
(by F. Brown, Anchia, Callegari, McClendon, and Gonzalez Toureilles)
HB 183, A bill to be entitled An Act relating to the prosecution of offenses
involving the use of safety belts and child passenger safety seat systems.
Amendment No. 1
Representative F. Brown offered the following amendment to HBi183:
Amend HB 183 on third reading, as amended by FA No. 1 by Gonzales and
FA No. 2 by Hegar, as follows:
(1) On page 1, line 9, (House Committee Report) strike "eight" and
substitute "six".
(2) On page 1, line 19 (House Committee Report), strike "eight" and
substitute "six".
(3) On page 1, line 21 (House Committee Report), strike "57" and substitute
"51".
(4) On page 1, line 22 (House Committee Report), between "height" and
"to", insert "or 80 pounds or more".
(5) In Section 545.4121(b), Transportation Code, as added by FA No. 2 by
Hegar, strike Section 545.4121(b) (2), Transportation Code, and substitute "(2)
who is six years of age or younger or who is less than 51 inches in height and less
than 80 pounds."
Amendment No. 1 was adopted.
A record vote was requested.
HB 183, as amended, was passed by (Record 392): 92 Yeas, 46 Nays, 1
Present, not voting.
Yeas — Allen, A.; Alonzo; Anchia; Anderson; Bailey; Baxter; Blake;
Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell;
Casteel; Castro; Chavez; Chisum; Coleman; Cook, R.; Corte; Davis, J.; Davis, Y.;
Dawson; Delisi; Deshotel; Driver; Dunnam; Dutton; Edwards; Elkins; Farabee;
Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman;
Goolsby; Griggs; Haggerty; Hamric; Hardcastle; Hegar; Herrero; Hill; Hochberg;
Homer; Jackson; Jones, J.; Keffer, J.; King, P.; Leibowitz; Luna; Madden;
Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Moreno, J.;
Morrison; Mowery; Naishtat; Noriega, M.; Olivo; Otto; Pen˜a; Phillips; Pickett;
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Quintanilla; Ritter; Rodriguez; Seaman; Smith, T.; Smith, W.; Solis; Solomons;
Strama; Straus; Thompson; Truitt; Uresti; Van Arsdale; Veasey; Villarreal; Vo;
West; Wong; Woolley.
Nays — Allen, R.; Berman; Cook, B.; Crabb; Crownover; Denny; Dukes;
Eissler; Escobar; Flynn; Frost; Grusendorf; Guillen; Hamilton; Harper-Brown;
Hilderbran; Hodge; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Jones, D.;
Keel; Keffer, B.; King, T.; Kolkhorst; Kuempel; Laney; Laubenberg; Merritt;
Miller; Moreno, P.; Orr; Paxton; Puente; Raymond; Reyna; Riddle; Rose;
Swinford; Talton; Taylor; Turner; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Eiland; Nixon; Oliveira; Smithee.
Absent — Farrar; Flores; Hartnett; Isett; Krusee; Menendez; Pitts.
STATEMENTS OF VOTE
I was shown voting yes on Record No. 392. I intended to vote no.
Blake
I was shown voting yes on Record No. 392. I intended to vote no.
Corte
I was shown voting no on Record No. 392. I intended to vote yes.
Rose
LEAVES OFABSENCE GRANTED
The following member was granted leave of absence for the remainder of
today because of appropriations business:
Pitts on motion of Solomons.
The following member was granted leave of absence temporarily for today
because of appropriations business:
Luna on motion of Solomons.
The following member was granted leave of absence for the remainder of
today because of family business:
Menendez on motion of Pickett.
POSTPONED BUSINESS
(consideration continued)
CSHB 1546 ON SECOND READING
(by McClendon, Krusee, Herrero, and Hamric)
CSHB 1546, A bill to be entitled An Act relating to the administration and
use of the Texas rail relocation and improvement fund and the issuance of
obligations for financing the relocation, construction, reconstruction, acquisition,
improvement, rehabilitation, and expansion of certain rail facilities.
Monday, April 25, 2005 HOUSE JOURNAL — 55th Day 2199
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CSHB 1546 was read second time on April 20 and was postponed until
11ia.m. today.
Amendment No. 1
Representative McClendon offered the following amendment to
CSHBi1546:
Amend CSHB 1546 as follows:
(1)iiOn page 4, strike lines 12-16 and substitute:
(A)iirelieve congestion on public highways;
(B)iienhance public safety;
(2)iiOn page 9, strike lines 3-6 and substitute "facilities takes effect. If that".
Amendment No. 1 was adopted.
Representative McClendon moved to postpone consideration of
CSHBi1546 until the end of today ’ s calendar.
The motion prevailed.
HCR 69
(by Chavez)
HCR 69, Requesting the U.S. Congress to enact the Agricultural Job
Opportunity, Benefits, and Security Act to significantly reform immigration law
as it relates to agriculture.
HCR 69 was laid before the house on April 18 and was postponed until
10ia.m. today.
Representative Chavez moved to postpone consideration of HCRi69 until
10 a.m. May 10.
The motion prevailed.
MAJOR STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSSB 407 ON SECOND READING
(B. Cook - House Sponsor)
CSSB 407, A bill to be entitled An Act relating to the continuation and
functions of the State Board of Veterinary Medical Examiners.
CSSBi407 was passed to third reading. (In accordance with House Rule 5,
Section 51(b), every member present must have favored passage of the measure,
but any member may register their position with the journal clerk. No members
registered their position on this measure.)
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
2200 79th LEGISLATURE — REGULAR SESSION
Case 5:13-cv-00982-OLG Document 25-26 Filed 11/22/13 Page 9 of 17
Juvenile Justice and Family Issues, upon lunch recess today, Desk 115, for a
formal meeting, to consider pending business.
FIVE DAY POSTING RULE SUSPENDED
Representative Keel moved to suspend the five day posting rule to allow the
Committee on Criminal Jurisprudence, Subcommittee on Enhancements, to
consider HB 2911 at 2 p.m. or upon final adjournment, April 28 in E2.028.
The motion prevailed.
RECESS
At 11:51 a.m., the speaker announced that the house would stand recessed
until 1 p.m. today.
AFTERNOON SESSION
The house met at 1 p.m. and was called to order by the speaker.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
HB 1396 ON SECOND READING
(by Zedler)
HB 1396, A bill to be entitled An Act relating to a pilot program for
language interpreter services under the medical assistance program.
HB 1396 was read second time on April 19 and was postponed until 1ip.m.
today.
Representative Zedler moved to postpone consideration of HBi1396 until
1ip.m. May 2.
The motion prevailed.
CONSTITUTIONAL AMENDMENTS CALENDAR
HOUSE JOINT RESOLUTIONS
SECOND READING
The following resolutions were laid before the house and read second time:
HJR 6 ON SECOND READING
(by Chisum, Hartnett, Hopson, Howard, McReynolds, et al.)
HJR 6, A joint resolution proposing a constitutional amendment providing
that marriage in this state consists only of the union of one man and one woman.
Amendment No. 1
Representative Coleman offered the following amendment to HJRi6:
Amend HJR 6 by striking page 1, line 3.
(Hartnett now present)
Amendment No. 1 was withdrawn.
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Case 5:13-cv-00982-OLG Document 25-26 Filed 11/22/13 Page 10 of 17
Amendment No. 2
Representative Chisum offered the following amendment to HJRi6:
Amend HJR 6 as follows:
(1)iiOn page 1, line 6, between "32." and "Marriage", insert "(a)".
(2)iiOn page 1, between lines 7 and 8, insert the following:
(b)iiThis state or a political subdivision of this state may not create or
recognize any legal status identical or similar to marriage.
SECTIONi2.iiThis state recognizes that through the designation of
guardians, the appointment of agents, and the use of private contracts, persons
may adequately and properly appoint guardians and arrange rights relating to
hospital visitation, property, and the entitlement to proceeds of life insurance
policies without the existence of any legal status identical or similar to marriage.
(3)iiOn page 1, line 8, strike "2" and substitute "3".
(4)iiOn page 1, line 13, between "woman" and the period, insert the
following:
"and prohibiting this state or a political subdivision of this state from
creating or recognizing any legal status identical or similar to marriage".
(Flores now present)
Amendment No. 3
Representative Anchia offered the following amendment to Amendment
No.i2:
Strike Section 2, lines 4–20 of the Chisum Amendment and insert the
following language:
SECTION 2. Nothing in this Constitution shall preclude the Legislature
from establishing a civil contract or a statutory form or statutory forms of
recognition granting persons of the same gender the same or similar, in whole or
in part, rights, duties, and responsibilities of marriage, including requirements for
court ordered dissolution."
Representative Chisum moved to table Amendment No. 3.
A record vote was requested.
The motion to table prevailed by (Record 393): 98 Yeas, 40 Nays, 1 Present,
not voting.
Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Branch;
Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.; Cook,
R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler;
Elkins; Escobar; Farabee; Flynn; Frost; Gallego; Gattis; Geren; Goodman;
Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle;
Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Homer; Hope; Hopson;
Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keffer, B.; Keffer, J.;
King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Madden;
Martinez; McCall; McReynolds; Merritt; Miller; Morrison; Mowery; Olivo; Orr;
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Case 5:13-cv-00982-OLG Document 25-26 Filed 11/22/13 Page 11 of 17
Otto; Paxton; Phillips; Pickett; Quintanilla; Raymond; Reyna; Riddle; Ritter;
Rose; Seaman; Smith, T.; Smith, W.; Solomons; Straus; Swinford; Talton; Taylor;
Truitt; Van Arsdale; West; Woolley; Zedler.
Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Castro; Chavez;
Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Farrar; Flores;
Giddings; Gonzales; Gonzalez Toureilles; Herrero; Hochberg; Hodge; Keel;
Leibowitz; Martinez Fischer; McClendon; Moreno, J.; Moreno, P.; Naishtat;
Noriega, M.; Puente; Rodriguez; Solis; Strama; Thompson; Turner; Veasey;
Villarreal; Vo; Wong.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Eiland; Luna; Menendez; Nixon; Oliveira; Pitts;
Smithee.
Absent — Bonnen; Jones, J.; Pen˜a; Uresti.
STATEMENT OF VOTE
When Record No. 393 was taken, I was temporarily out of the house
chamber. I would have voted yes.
Bonnen
Amendment No. 4
Representative Farrar offered the following amendment to Amendment
No.i2:
Amend Floor Amendment 2 to HJR 6, House Committee Printing by
inserting the following at the end of Subsection (b):
This section may not be construed to prohibit the recognition of any
contractual relationship currently available.
On page 1, strike lines 8-13.
Amendment No. 4 was withdrawn.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and
resolutions in the presence of the house (see the addendum to the daily journal,
Signed by the Speaker, Senate List No. 8).
HJR 6 - (consideration continued)
Amendment No. 5
Representatives Farrar and Alonzo offered the following amendment to
Amendment No. 2:
Amend Floor Amendment 2 to HJR 6, House Committee Printing by
inserting the following at the end of Subsection (b):
This section may not be construed to prohibit the recognition of any
contractual relationship currently available in Texas.
On page 1, strike lines 8-13.
Representative Chisum moved to table Amendment No. 5.
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A record vote was requested.
The motion to table prevailed by (Record 394): 96 Yeas, 44 Nays, 1 Present,
not voting.
Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen;
Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.;
Cook, R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver;
Eissler; Elkins; Escobar; Farabee; Flores; Flynn; Frost; Gattis; Geren; Goodman;
Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle;
Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Homer; Hope; Hopson;
Howard; Hughes; Hupp; Isett; Jackson; Jones, D.; Keffer, B.; Keffer, J.; King, P.;
King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Madden; McCall;
McReynolds; Merritt; Miller; Morrison; Mowery; Olivo; Orr; Otto; Paxton;
Phillips; Pickett; Quintanilla; Raymond; Reyna; Riddle; Ritter; Seaman; Smith,
T.; Smith, W.; Solomons; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale;
West; Woolley; Zedler.
Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Castro; Chavez;
Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Farrar;
Giddings; Gonzales; Gonzalez Toureilles; Herrero; Hochberg; Hodge; Hunter;
Jones, J.; Keel; Leibowitz; Martinez; Martinez Fischer; McClendon; Moreno, J.;
Moreno, P.; Naishtat; Noriega, M.; Puente; Rodriguez; Rose; Solis; Strama;
Thompson; Turner; Uresti; Veasey; Villarreal; Vo; Wong.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Eiland; Luna; Menendez; Nixon; Oliveira; Pitts;
Smithee.
Absent — Gallego; Pen˜ a.
STATEMENT OF VOTE
When Record No. 394 was taken, I was temporarily out of the house
chamber, meeting with constituents from Uvalde regarding water. I would have
voted no.
Gallego
A record vote was requested.
Amendment No. 2 was adopted by (Record 395): 98 Yeas, 41 Nays, 2
Present, not voting.
Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen;
Branch; Brown, B.; Brown, F.; Callegari; Campbell; Chisum; Cook, B.; Cook,
R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler;
Elkins; Escobar; Farabee; Flynn; Frost; Gallego; Gattis; Geren; Goodman;
Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle;
Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Homer; Hope; Hopson;
Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keffer, B.; Keffer, J.;
King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Madden;
Martinez; McCall; McReynolds; Merritt; Miller; Morrison; Mowery; Olivo; Orr;
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Otto; Paxton; Phillips; Pickett; Quintanilla; Raymond; Reyna; Riddle; Ritter;
Rose; Seaman; Smith, T.; Smith, W.; Solomons; Straus; Swinford; Talton; Taylor;
Truitt; Van Arsdale; West; Woolley; Zedler.
Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Castro; Chavez;
Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Farrar; Flores;
Giddings; Gonzales; Gonzalez Toureilles; Herrero; Hochberg; Hodge; Keel;
Leibowitz; Martinez Fischer; McClendon; Moreno, J.; Moreno, P.; Naishtat;
Noriega, M.; Puente; Rodriguez; Solis; Strama; Thompson; Turner; Uresti;
Veasey; Villarreal; Vo; Wong.
Present, not voting — Mr. Speaker(C); Jones, J.
Absent, Excused — Eiland; Luna; Menendez; Nixon; Oliveira; Pitts;
Smithee.
Absent — Casteel; Pen˜a.
STATEMENTS OF VOTE
When Record No. 395 was taken, I was in the house but away from my
desk. I would have voted yes.
Casteel
I was shown voting yes on Record No. 395. I intended to vote no.
Gallego
A record vote was requested.
The vote of the house was taken on the adoption of HJR 6 and the vote was
announced yeas 102, nays 29.
Averification of the vote was requested and was granted.
The roll of those voting yea was again called and the verified vote resulted,
as follows (Record 396): 101 Yeas, 29 Nays, 8 Present, not voting.
Yeas — Mr. Speaker(C); Allen, R.; Anderson; Baxter; Berman; Blake;
Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel;
Chisum; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Dawson;
Delisi; Denny; Driver; Edwards; Eissler; Elkins; Escobar; Farabee; Flynn; Frost;
Gattis; Geren; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf;
Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett;
Hegar; Hilderbran; Hill; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp;
Isett; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.;
Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Madden; McCall;
McReynolds; Merritt; Miller; Morrison; Mowery; Olivo; Orr; Otto; Paxton;
Phillips; Pickett; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rose; Seaman;
Smith, T.; Smith, W.; Solomons; Straus; Swinford; Talton; Taylor; Truitt; Van
Arsdale; West; Woolley; Zedler.
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Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Coleman; Davis, Y.;
Deshotel; Dukes; Dunnam; Dutton; Farrar; Gallego; Herrero; Hochberg; Hodge;
Martinez Fischer; McClendon; Moreno, J.; Moreno, P.; Naishtat; Noriega, M.;
Puente; Rodriguez; Strama; Thompson; Veasey; Villarreal; Vo.
Present, not voting — Castro; Chavez; Giddings; Gonzales; Jones, J.;
Leibowitz; Turner; Wong.
Absent, Excused — Eiland; Luna; Menendez; Nixon; Oliveira; Pitts;
Smithee.
Absent — Flores; Martinez; Pen˜a; Solis; Uresti.
By unanimous consent, the house dispensed with the verification of those
voting nay.
The speaker stated that HJR 6, as amended, was adopted by the above vote.
STATEMENTS OF VOTE
When Record No. 396 was taken, I was in the house but away from my
desk. I would have voted yes.
Flores
I was shown voting present, not voting on Record No. 396. I intended to
vote yes.
Leibowitz
When Record No. 396 was taken, I was in the house but away from my
desk. I would have voted yes.
Martinez
I was excused on April 25, 2005 to be with my father in the hospital. Had I
been present, I would have voted yes on HJRi6.
Nixon
REASONS FOR VOTE
I strongly support the institution of marriage and believe that our
government should support efforts to strengthen this important bond between a
man and a woman. I also believe individuals should have their rights protected
when entering into civil agreements and contracts. The Chisum Amendment that
was added to the bill puts into question the consideration and protection of civil
unions between men and women. Since this proposed constitutional amendment
now includes the prohibition of such arrangements, I could not in good
conscience vote in favor of HJR 6.
Castro
My intention was to vote for HJR 6 as filed and as it was presented to the
full house for consideration and action. I strongly support the institution of
marriage and believe that our government should support efforts to strengthen
this important bond between a man and a woman. However, I also believe
individuals should have the right and their rights protected when entering into
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Case 5:13-cv-00982-OLG Document 25-26 Filed 11/22/13 Page 15 of 17
civil agreements and contracts. The Chisum Amendment that was added to the
bill puts into question the consideration and protection of civil unions. Since this
proposed constitutional amendment now includes the prohibition of such
arrangements, I could not in good conscience vote in favor of HJR 6.
Chavez
I fully agree that the institution of marriage should be limited to one man
and one woman. I supported the Defense of Marriage Act, which is current Texas
law. If that were the issue before us today, I would vote the same way again.
However, in its continuing zeal to protect the institution of marriage, the
legislature now infringes on the contractual rights of both men and women. For
example, common-law marriages between men and women are in essence civil
unions—but the Chisum Amendment bans civil unions between men and
women—and not solely between individuals of the same sex. This is an
unnecessary and improper governmental intrusion into the rights of individuals.
Dunnam and Gallego
My intention was to vote for HJR 6 as passed by the State Affairs
Committee. I believe in the institution of marriage and that it is between a
woman and a man. My support of this HJR is in keeping with my faith. I
support language that states "marriage in this state shall consist of the union of
one man and one woman" being placed on the ballot in November.
The additional language and the issues associated with that language I could
not support as language that should be put in the Texas Constitution. There is
language in the family code that deals with the issues of common law and civil
unions and that is the proper place.
Giddings
I believe in marriage being between a man and a woman, and I would have
preferred to have voted simply on that, especially since that is existing law. But
Representative Chisum added a ban on civil unions—possibly even common law
marriages—even though he denies that. I do not believe in banning civil unions.
For that reason, I voted in favor of the amendments that would have protected
these unions. Because HJR 6 was too vague and went too far, I could not, in
good conscience, vote for it. Because I believe in marriage between a man and a
woman, I didn ’ t vote against it. Instead, I joined several of my colleagues in
entering a vote of present, not voting.
Gonzales
This HJR limits the rights of men and women to contract with each other if
the agreement or agreements they sign are "similar" to marriage, even if the
agreements are between one man and one woman. That provision goes well
beyond the original proposal, which was simply to define marriage. There was
no justification offered as to why we would want to limit agreements between a
man and a woman in our Constitution.
Hochberg
Monday, April 25, 2005 HOUSE JOURNAL — 55th Day 2207
Case 5:13-cv-00982-OLG Document 25-26 Filed 11/22/13 Page 16 of 17
I voted against HJR 6 because I believe the State of Texas already
recognizes a marriage as only between a man and a woman. While children in
hardworking Texas families are going without health insurance and the number of
students who receive the Texas Grant—the real Texas Enterprise Fund—has been
cut, the Texas House of Representatives should not waste valuable time and state
resources to pointlessly change the Texas Constitution.
When I ran for office I promised to focus on education, health care, and
economic development. I will not vote for meaningless legislation while these
truly important issues are not being given adequate consideration.
Vo
STATEMENT BY REPRESENTATIVE HARTNETT
Remarks on the floor today by opponents of HJR 6 run contrary to their
votes in favor of my amendment to HB 1245 on April 2, 2001 (Journal page
919), which was very similar to HJR 6.
LEAVE OFABSENCE GRANTED
The following member was granted leave of absence for the remainder of
today because of important business in the district:
Bailey on motion of Phillips.
PROVIDING FOR A LOCAL, CONSENT,
AND RESOLUTIONS CALENDAR
Representative Reyna moved to set a local, consent, and resolutions calendar
for 9 a.m. April 29.
The motion prevailed.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to
the daily journal, Messages from the Senate, Message No. 2).
CSHJR 54 ON SECOND READING
(by McClendon and Krusee)
CSHJR 54, A joint resolution proposing a constitutional amendment
creating the Texas rail relocation and improvement fund and authorizing grants of
money and issuance of obligations for financing the relocation, construction,
reconstruction, acquisition, improvement, rehabilitation, and expansion of certain
rail facilities.
Amendment No. 1
Representative McClendon offered the following amendment to CSHJRi54:
Amend CSHJR 54 as follows:
(1)iiOn page 2, strike lines 3-7 and substitute:
(1)iirelieving congestion on public highways;
(2)iienhancing public safety;
2208 79th LEGISLATURE — REGULAR SESSION
Case 5:13-cv-00982-OLG Document 25-26 Filed 11/22/13 Page 17 of 17







EXHIBIT 57
Case 5:13-cv-00982-OLG Document 25-27 Filed 11/22/13 Page 1 of 4
Texas Legislature Online
History
Bill: HJR 6 Legislative Session: 79(R) Council Document: 79R 332 KSD-D
Last Action: 05/25/2005 E Filed with the Secretary of State
Caption Version: Enrolled
Caption Text: Proposing a constitutional amendment providing that marriage in this state consists
only of the union of one man and one woman.
Author: Chisum | Hartnett | Hopson | Howard, Charlie | McReynolds
Coauthor: Allen, Ray | Anderson | Berman | Blake | Bohac | Bonnen | Branch | Brown, Betty |
Brown, Fred | Callegari | Campbell | Casteel | Cook, Byron | Cook, Robby | Corte,
Frank | Crabb | Crownover | Davis, John | Dawson | Delisi | Denny | Driver | Eissler |
Elkins | Flynn | Gattis | Geren | Goodman | Griggs | Grusendorf | Hamilton |
Hardcastle | Harper-Brown | Hegar | Hilderbran | Hill | Homer | Hope | Hughes | Isett,
Carl | Jackson, Jim | Jones, Delwin | Keffer, Bill | Keffer, Jim | King, Phil | Kolkhorst |
Krusee | Kuempel | Laubenberg | Madden | Merritt | Miller | Morrison | Mowery |
Nixon | Olivo | Orr | Otto | Paxton | Phillips | Quintanilla | Riddle | Seaman | Smith,
Todd | Smith, Wayne | Smithee | Solomons | Talton | Taylor | Truitt | Van Arsdale |
West, George "Buddy" | Woolley | Zedler
Sponsor: Staples
Cosponsor: Williams
Subjects: Family--Marriage Relationship (I0350)
Resolutions--Constitutional Amendments (I0661)
SAME-SEX MARRIAGE (S0440)
House
Committee:
State Affairs
Status: Out of committee
Vote: Ayes=6 Nays=1 Present Not Voting=0 Absent=2
Senate
Committee:
State Affairs
Status: Out of committee
Vote: Ayes=6 Nays=2 Present Not Voting=0 Absent=1
Actions: (descending date order)
Viewing Votes: Most Recent House Vote | Most Recent Senate Vote
Description Comment Date Time Journal Page
E Filed with the Secretary of State 05/25/2005 4829
S Signed in the Senate 05/23/2005 2938
H Signed in the House 05/23/2005 4198
H Reported enrolled 05/23/2005 08:09 AM 4424
H Senate passage reported 05/22/2005 3956
Page 1 of 3 Texas Legislature Online - 79(R) History for HJR 6
11/21/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=79R&Bill=HJR6
Case 5:13-cv-00982-OLG Document 25-27 Filed 11/22/13 Page 2 of 4
S Remarks ordered printed 05/21/2005 2745
S Record vote 05/21/2005 2745
S Adopted 05/21/2005 2745
S Amendment withdrawn 05/21/2005 2745
S Amendment(s) offered FA8 Van de Putt 05/21/2005 2744
S Motion withdrawn 05/21/2005 2744
S Amendment withdrawn 05/21/2005 2744
S Motion to table 05/21/2005 2744
S Amendment(s) offered FA7 Hinojosa 05/21/2005 2744
S Record vote 05/21/2005 2744
S Amendment tabled 05/21/2005 2744
S Amendment(s) offered FA6 Lucio 05/21/2005 2744
S Amendment withdrawn 05/21/2005 2743
S Amendment(s) offered FA5 Ellis 05/21/2005 2743
S Record vote 05/21/2005 2743
S Amendment tabled 05/21/2005 2743
S Amendment(s) offered FA4 Ellis 05/21/2005 2743
S Record vote 05/21/2005 2743
S Amendment tabled 05/21/2005 2743
S Amendment(s) offered FA3 Ellis 05/21/2005 2742
S Record vote 05/21/2005 2742
S Amendment tabled 05/21/2005 2742
S Amendment(s) offered FA2 Shapleigh 05/21/2005 2742
S Record vote 05/21/2005 2741
S Amendment tabled 05/21/2005 2741
S Amendment(s) offered FA1 Shapleigh 05/21/2005 2741
S Read 2nd time 05/21/2005 2741
S Record vote 05/21/2005 2741
S Rules suspended 05/21/2005 2741
S Printing rule suspended 05/21/2005 2741
S Rules suspended-Regular order of business 05/21/2005 2741
S Placed on intent calendar 05/21/2005
S Committee report printed and distributed 05/20/2005 01:58 PM
S Reported favorably w/o amendments 05/20/2005 2712
S Considered in public hearing 05/20/2005
S Scheduled for public hearing on . . . . . 05/20/2005
S Left pending in committee 05/19/2005
S Testimony taken in committee 05/19/2005
S Considered in public hearing 05/19/2005
S Scheduled for public hearing on . . . . . 05/19/2005
S Posting rule suspended 05/19/2005 2583
S Co-sponsor authorized 05/19/2005 2548
S Tagged 05/16/2005
S Scheduled for public hearing on . . . . . 05/16/2005
S Referred to State Affairs 04/27/2005 1355
S Read first time 04/27/2005 1355
Page 2 of 3 Texas Legislature Online - 79(R) History for HJR 6
11/21/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=79R&Bill=HJR6
Case 5:13-cv-00982-OLG Document 25-27 Filed 11/22/13 Page 3 of 4
S Received from the House 04/26/2005 1202
H Reported engrossed 04/26/2005 08:06 AM 2351
H Reason for vote recorded in Journal 04/25/2005 2206
H Statement(s) of vote recorded in Journal 04/25/2005 2206
H View House Vote RV#396 04/25/2005 2205
H Record vote RV#396 04/25/2005 2205
H Adopted as amended 04/25/2005 2205
H Statement(s) of vote recorded in Journal 04/25/2005 2205
H Record vote RV#395 04/25/2005 2204
H Amended 2-Chisum 04/25/2005 2204
H Statement(s) of vote recorded in Journal 04/25/2005 2204
H Record vote RV#394 04/25/2005 2204
H Amendment to amendment tabled 5-Farrar and Al 04/25/2005 2203
H Amendment to amendment withdrawn 4-Farrar 04/25/2005 2203
H Statement(s) of vote recorded in Journal 04/25/2005 2203
H Record vote RV#393 04/25/2005 2202
H Amendment to amendment tabled 3-Anchia 04/25/2005 2202
H Amendment(s) offered 2-Chisum 04/25/2005 2202
H Amendment withdrawn 1-Coleman 04/25/2005 2201
H Read 2nd time 04/25/2005 2201
H Placed on Constitutional Amendments Calendar 04/25/2005
H Considered in Calendars 04/22/2005
H Committee report sent to Calendars 04/18/2005
H Committee report printed and distributed 04/15/2005 10:07 PM
H Comte report filed with Committee Coordinator 04/15/2005 1848
H Reported favorably w/o amendment(s) 04/11/2005
H Considered in public hearing 04/11/2005
H Left pending in committee 04/04/2005
H Testimony taken in committee 04/04/2005
H Committee substitute considered in committee 04/04/2005
H Considered in public hearing 04/04/2005
H Scheduled for public hearing on . . . . 04/04/2005
H Referred to State Affairs 02/08/2005 291
H Read first time 02/08/2005 291
H Filed 11/08/2004
Page 3 of 3 Texas Legislature Online - 79(R) History for HJR 6
11/21/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=79R&Bill=HJR6
Case 5:13-cv-00982-OLG Document 25-27 Filed 11/22/13 Page 4 of 4







EXHIBIT 58
Case 5:13-cv-00982-OLG Document 25-28 Filed 11/22/13 Page 1 of 64
1

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION


CLEOPATRA DE LEON, NICOLE §
DIMETMAN, VICTOR HOLMES, and §
MARK PHARISS §
§
§
Plaintiffs, §
§ CIVIL ACTION NO. 5:13-cv-982-OLG
v. §
§
RICK PERRY, in his official capacity as §
Governor of the State of Texas, GREG §
ABBOTT, in his official capacity as Texas §
Attorney General, GERARD §
RICKHOFF, in his official capacity as §
Bexar County Clerk, and DAVID LAKEY, §
in his official capacity as Commissioner of §
the Texas Department of State Health §
Services §
§
Defendants. §


DECLARATION OF ILAN H. MEYER IN SUPPORT OF PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION


I, Ilan H. Meyer, hereby declare as follows:
1. I have been retained by counsel for Plaintiffs as a consultant in connection with
the above-referenced litigation.
2. For my work in this matter, I am not being compensated for writing this report,
but I am being compensated at the rate of $250 per hour for providing testimony. My
compensation does not depend on the outcome of this litigation, the opinions I express, or the
testimony I provide.
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2

3. I am a Senior Scholar for Public Policy at the Williams Institute at University of
California School of Law. Prior to this, until June 2011, I have served in different roles at
Columbia University. My last position was as Professor of Clinical Sociomedical Sciences and
Deputy Chair for Masters Programs in Sociomedical Sciences at Columbia University, Mailman
School of Public Health.
4. I am a member of the American Public Health Association, the American
Psychological Association, and the American Sociological Association.
5. In 1993, I received my Ph.D. in Sociomedical Sciences and Social Psychology
from Columbia University’s Mailman School of Public Health. My doctoral dissertation, titled
Prejudice and pride: Minority stress and mental health in gay men, received distinguished
designation, awarded to the top 10% of Columbia University doctoral dissertations, as well as the
Marisa De Castro Benton Dissertation Award for outstanding contribution to the sociomedical
sciences, and an honorable mention for the mental health section of the American Sociological
Association’s award for best dissertation. I was a predoctoral National Institute of Mental Health
Fellow in Psychiatric Epidemiology at Columbia University from 1987 to 1992. I was a
postdoctoral Fellow in Health Psychology at The Graduate Center at The City University of New
York from 1993 to 1995 and a National Institute of Mental Health Research Fellow in
Psychiatry, with a focus on AIDS, at Memorial Sloan-Kettering Cancer Center from 1995 to
1996. I returned to Columbia University’s Mailman School of Public Health in 1994 and served
as an Assistant Professor of Clinical Public Health; beginning in 1998, I served as an Assistant
Professor of Public Health in the Department of Sociomedical Sciences. I was appointed as an
Associate Professor of Clinical Sociomedical Sciences in 2003, Deputy Chair for Masters
Programs in the Department of Sociomedical Sciences in 2004, and Professor in 2010. From
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3

2006 to 2007, I was a Visiting Scholar at the Russell Sage Foundation. More about my
background, experience, and list of publications is listed in my curriculum vitae, which is
attached as Exhibit A to this report.
6. My study of the health of lesbian, gay, and bisexual populations can be classified
in an area of study that is called social epidemiology. Social epidemiology is concerned with
social patterns of disease and risks for disease. “Social epidemiology is about how society’s
innumerable social arrangements, past and present, yield differential exposures and thus
differences in health outcomes. . . .” (Oakes & Kaufman, 2006, p. 3). I study the role of social
stress related to prejudice and discrimination on health.
7. My original theoretical and empirical research focuses on the relation among
stigma and prejudice, minority social status and identity, and mental health and well-being. I
have studied, in particular, United States populations defined by sexual orientation (lesbian, gay,
and heterosexual), gender (men and women), and race/ethnicity (African Americans, Latinos,
and Whites). Through these studies, I have developed a model of social stress referred to as
minority stress (Meyer, 1995; Meyer, 2003). This model has become the most commonly used
framework for the study of mental health in lesbian and gay individuals (Herek & Garnets, 2007;
IOM, 2011) and has generated hundreds of scientific papers by many scientists. For this work, I
have received several awards and prizes including the American Psychological Association
Division 44 Distinguished Scientific Contribution Award.
8. As reflected in my curriculum vitae (Exhibit A), I have published over 70
original, peer-reviewed articles, chapters, reviews, and editorials in scholarly journals and books.
I also have co-edited a book, published in 2007 by Springer, titled The health of sexual
minorities: Public health perspectives on lesbian, gay, bisexual and transgender populations,
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and two special issues of academic journals on these topics, including the first special issue of
the American Journal of Public Health, published in 2001. I have made numerous presentations
and invited addresses at professional conferences and meetings. I have received grants for my
research from federal, state, and private funders.
9. At Columbia University’s Mailman School of Public Health, I have taught
graduate-level courses on research methods; stigma, prejudice, and discrimination; and lesbian
and gay issues in public health. I have also taught other related topics in the past and continue to
give classes as a guest lecturer at UCLA and elsewhere (e.g., Fenway Summer Institute in
Boston, MA).
10. Among other professional activities, I currently serve on the editorial boards of
the scientific journals Lesbian, LGBT Health and Psychology of Sexual Orientation and Gender
Diversity. Over the past 15 years, I have served on the editorial board (e.g., the Journal of Health
and Social Behavior) and reviewed numerous manuscripts for many of the top scientific and
professional journals in the fields of public health, psychology, sociology, and medicine. I co-
edited a book, published in 2007 by Springer, entitled The health of sexual minorities: Public
health perspectives on lesbian, gay, bisexual and transgender populations. From 1993 to 2002, I
served as co-chair of the Science Committee of Division 44 of the American Psychological
Association, the Society for the Psychological Study of Lesbian, Gay, Bisexual and Transgender
Issues. From 2000 to 2001, I served as Guest Editor for the American Journal of Public Health’s
Special Issue on lesbian, gay, bisexual and transgender (LGBT) health, published in June 2001.
In 2004, I served as Leader of the Working Group on Stigma, Prejudice and Discrimination for
The Robert Wood Johnson Health and Society Scholars Program at Columbia University’s
Mailman School of Public Health. In 2006, I served as co-editor of the Social Science &
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5

Medicine Special Issue on prejudice, stigma, and discrimination in health, published in 2008.
From 2012 to 2013 I have served as Leader Working Group on Sexual and Gender Identity (Who
Is Gay?) at the Williams Institute, UCLA School of Law.
11. In the past four years, I have testified as an expert either at trial or through
declaration in:
- Expert witness testimony in Perry v. Schwarzenegger, 704 F. Supp.2d 921 (N.D. Cal.
2010);
- Expert report – Written testimony in application for asylum, withholding of removal,
and/or withholding under the convention against torture. Removal proceedings before
Immigration Judge, United States Department of Justice, Executive Office for
Immigration Review (2010);
- Expert testimony before the United States Commission on Civil Rights briefing on peer-
to-peer violence and bullying in K-12 public schools (2011);
- Expert report -- Written testimony in hearing before Immigration Judge on the validity
of asylum granted to bisexual man, United States Department of Justice, Executive Office
for Immigration Review (2012);
- Expert report -- Charles Patrick Pratt, et al. vs. Indian River Central School District;
Indian River Central School District Board of Education (2013). Case settled prior to
trial.
- Expert report – Garden State Equality v. Doe, Superior Court of New Jersey, MER L-
1729-11.
12. If Plaintiffs call me to testify at a trial as an expert witness, I currently expect that
my testimony will relate to the topics discussed herein, including the study of stigma and
prejudice that lesbians and gay men face in American society, minority stress, and the effect of
minority stress on the health and well-being of lesbian and gay populations. In my testimony I
will also relate these areas of study to the exclusion of lesbians and gay men from marriage in
Texas.
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13. In preparing to write this report and to testify in this matter (if called) I have
reviewed the materials listed in the attached Bibliography (Exhibit B). I may rely on those
documents, in addition to the documents specifically cited as supportive examples in particular
sections of this report, as additional support of my opinions. I have also relied on my years of
experience in this field, as set out in my curriculum vitae, and on the materials listed therein.
14. In addition to the materials listed in Exhibit B, I was provided by counsel for
Plaintiffs a copy of Plaintiffs’ Original Complaint for Declaratory and Injunctive Relief
(hereafter the “complaint”) filed by plaintiffs in the United States District Court for the Western
District of Texas.
15. In connection with my anticipated testimony in this action, I may use portions of
this report or the references cited herein as exhibits. In addition, I may use various documents
produced in this case that refer or relate to the matters discussed in this report. I may also create,
or assist in the creation of, demonstrative exhibits or summaries of my findings and opinions to
assist me in testifying.
16. I may testify as an expert regarding additional matters, including (a) rebutting
positions that the Defendants take, including opinions of their experts and materials they discuss
or rely upon; (b) addressing issues that arise from documents or other discovery that Defendants
or other entities have not yet produced, or that were produced too late to be fully considered
before my report was due; or (c) responding to witness testimony that has not yet been given. I
reserve the right to supplement or amend this report accordingly.
A. The Nature of Scientific Evidence
17. In this report I rely on my reading and interpretation of current scientific literature
in different disciplines including psychology, sociology, epidemiology, and public health. My
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analysis follows established social science rules of evidence. Social science evidence relies,
among other things, on the following: (a) theory (b) hypotheses posed based on theory, (c)
empirical evidence that assess these hypotheses using quantitative and qualitative methods, and
(d) conventions and rules about causal inference developed in these disciplines over decades of
methodological writings.
18. No one article or study is determinative, and all studies have methodological
limitations. Indeed, a good scientific article should provide the reader with a thorough review of
the study’s limitations, as well as suggestions for further study. The existence of methodological
limitations in any one study, or even in a group of studies, does not by itself discredit the study
or area of investigation. Relying on conventions of scientific research methodology and causal
inference, a scientist uses his or her judgment about the significance and potential impact of the
limitations in any particular study or group of studies to form conclusions about the questions
under study.
19. For these reasons, like other scientists, I base my conclusions on an analysis of the
cumulative evidence, a critical review of the theoretical basis for a study, the hypotheses tested,
the methodology used, inference conventions and rules, and my years of experience as a
researcher in the field.
20. My decisions about which articles to review, how many articles to consult, and
what weight to give to any one article were based solely on scientific merit. In making those
decisions, I relied on my experience and judgment about the best methods to assess the question
under study. Thus, in choosing which literature to consult, I judge the quality of evidence,
including, for example, but not exclusively, the type and prestige of the journal where an article
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was published, the purpose of the article (e.g., review vs. original research), and the quality and
rigor of the methodology used.
B. Laws can reflect and propagate social stigma thus enhancing stigma through the stature
of the law.
21. Stigma is “a function of having an attribute that conveys a devalued social
identity in a particular context” (Crocker, Major & Steele, 1998, p. 506). Stigma can be defined
by these five characteristics: “In the first component, people distinguish and label human
differences. In the second, dominant cultural beliefs link labeled persons to undesirable
characteristics—to negative stereotypes. In the third, labeled persons are placed in distinct
categories so as to accomplish some degree of separation of ‘us’ from ‘them.’ In the fourth,
labeled persons experience status loss and discrimination that lead to unequal outcomes. Finally,
stigmatization is entirely contingent on access to social, economic, and political power that
allows the identification of differentness, the construction of stereotypes, the separation of
labeled persons into distinct categories, and the full execution of disapproval, rejection,
exclusion, and discrimination” (Link & Phalen, 2001, p. 367).
22. Structural (or institutional) stigma is “formed by sociopolitical forces and
represents the policies of private and governmental institutions that restrict the opportunities of
stigmatized groups” (Corrigan et al., 2005, in Herek, 2009a, p. 67). Structural stigma restricts
the liberty and dignity of members of a stigmatized group by erecting barriers to their success.
23. One important function of stigma is that it legitimizes the unequal treatment of
some groups in society. “[P]eople of higher status may stigmatize those of lower status to justify
[the higher status people’s] advantages” (Crocker, Major, & Steele, 1998, p. 509). When acted
upon, antigay stigma is expressed as prejudice, discrimination, and violence against lesbians and
gay men (Herek, 2009a, 2009b).
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24. Laws are perhaps the strongest of social structures that uphold and enforce
stigma. “Law can . . . be a part of the problem by enforcing stigma” (Burris, 2006, p. 530).
Laws can also eradicate and dismantle stigma. “Law can be a means of preventing or remedying
the enactment of stigma as violence, discrimination, or other harm; it can be a medium through
which stigma is created, enforced, or disputed; and it can play a role in structuring individual
resistance to stigma” (Burris, 2006, p. 529).
25. Laws are used to enhance the nation’s health. In using law to advance public
health goals, public health officials and legislators consider the impact of the law on reducing,
maintaining, or propagating stigma. From a social science perspective, irrespective of their legal
functions or standing, laws both reflect and shape social values and attitudes and enhance or
diminish stigma. Indeed, the role of law in shaping stigma is so clear to public health
professionals that they explicitly debate the ethics of using law to promote stigma (for example,
related to smoking) even when such laws have undeniable benefits to the public’s health by
preventing morbidity and mortality (Bayer, 2008).
C. Stigma, prejudice, and discrimination of lesbians and gay men have been widespread in
the United States for decades.
26. For many decades lesbians and gay men have been stigmatized. For decades,
homosexuality has been portrayed, wrongly and stereotypically, as degenerate, criminal, and a
mental and physical illness. This has led to wide spread discrimination against lesbians and gay
men.
1


1
Many sources discuss a history of discrimination, stigma, and prejudice against lesbian/gay
persons including, among others, D’Emilio & Freedman (1988), Katz (1976,1995), Weeks
(1989). See also “Brief of the Organization Of American Historians and the American Studies
Association as Amici Curiae In Support of Respondents” submitted to the Supreme Court of the
United States, Hollingsworth v. Perry (12-144) February 2013.
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27. A central aspect of stigma about lesbians and gay men concerns family relations
and intimacy (Meyer & Dean, 1998). Lesbians and gay men have long been portrayed as
incapable of—and even uninterested in—sustained intimate relationships. For example, the
book Everything you always wanted to know about sex (but were afraid to ask) was one of the
most popular and, purportedly, authoritative guides of the 1960s and 1970s. Writing in a
question-and-answer format, the book’s author, a physician, said about gay men’s relationships:
[Q] What about all the homosexuals who live together happily for years?

[A] What about them? They are mighty rare birds among the homosexual flock.
Moreover, the ‘happy’ part remains to be seen. The bitterest argument between
husband and wife is a passionate love sonnet by comparison with a dialogue
between a butch and his queen. Live together? Yes. Happily? Hardly. (Reuben,
1969, p. 143)

Such portrayals contribute to stigma by erroneously describing lesbians and gay men as
individuals who do not want to have, and cannot attain, intimate partners, families, and children
and therefore live isolated lives (Meyer & Dean, 1998). For example, it has been a persistent
image of lesbians and gay men in popular media, such as in films, that they are destined to die
lonely (Russo, 1987). Although representation of lesbian and gay characters on television
programs and films has increased in recent years, the image of the lonely gay person has
persisted in television and film with rare exception (such as the television series Modern Family)
in more recent years (Evans, 2007).
28. Lesbians, gay men, and heterosexuals, as members of society, internalize and, in
turn, sometimes unwittingly, propagate such cultural conceptions, stigma, and stereotypes about
lesbian and gay people. Lesbians and gay men, who as children and youth are typically raised by
heterosexual families in heterosexual communities, rely on such false stigmatized depictions to
learn about the lives of lesbians and gay men and are at risk of believing that these stigmatized
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depictions are correct and apply to themselves. Heterosexual people, including parents, friends,
and children of lesbians and gay men, are similarly affected by false stigmatized notions of
lesbians’ and gay men’s life, and often reinforce such stereotypes as they propagate them. For
example, Weston, who studied lesbians and gay men in California’s Bay Area, quoted one gay
man saying, “My image of gay life was very lonely, very weird, no family.” A lesbian in the
same study remembered that, after coming out as lesbian to her mother, she was told, “You’ll be
a lesbian and you’ll be alone the rest of your life. Even a dog shouldn’t be alone” (Weston,
1991, p. 25).
D. Texas’ same-sex marriage ban reflects and propagates stigma against lesbians and gay
men.
29. By barring same-sex couples from marrying, or having a marriage celebrated
elsewhere from being recognized in Texas, article I, section 32 of the Texas Constitution and
Texas statutes banning same-sex marriage, such as Texas Family Code §§ 2.001 and 6.204,
(collectively “Section 32” or “Texas’ same-sex marriage ban”) propagate stigma about lesbians
and gay men, inducing stress and harm on lesbian and gay men in the state.
30. Section 32 is part of the structural stigma—reflecting and propagating the stigma
that lesbians and gay men do not have intimate relations that are similar to and as valuable as
heterosexual couples’ relationships. By excluding lesbians and gay men from marriage, and
reserving the label marriage to the intimate relations of heterosexual couples only, Section 32
enshrines stigma into the law.
31. Section 32 is especially stigmatizing because of the importance of marriage in
society. Marriage is an important social institution that governs intimate relations. Marriage not
only provides tangible benefits to married individuals, it also provides social approval and
recognition (Badgett, 2011; Herdt & Kertzner, 2006; Herek, 2006).
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32. Rather than enhance all its citizens aspiration for achieving this goal, Section 32
creates a structure that bars lesbians and gay men from marriage. Thus, lesbians and gay men
who, like heterosexuals, share societal values about the importance of marriage and intimacy, are
doomed to failure because they cannot be accommodated by Texas law that discriminatorily
avails marriage to opposite-sex partner only (Meyer & Dean, 1998).
33. The marriage ban has the potential to affect not only those individuals seeking
marriage, but also lesbian and gay individuals who do not seek marriage. This is because the
marriage ban sends the message that lesbians and gay men and their present and future intimate
relationships are of lower status and less legitimate than intimate relationships of heterosexuals.
Conversely, were lesbian and gay individuals allowed to marry, this would have a salutogenic
impact in that it would remove a cornerstone of antigay stigma and reduce the stress that lesbians
and gay men confront: it would signal to lesbians and gay men that the state respects them and
their intimate partners, and that it treats them as equal to heterosexuals.
34. Stigma has a serious impact on the health of lesbians and gay men in the United
States by causing stress and disease. This has been recognized by public health authorities
including in Healthy People 2010 and Healthy People 2020, which set health priorities for the
United States (U.S. Department of Health and Human Services, 2000, 2011). Healthy People
identified the lesbian and gay population among groups whose health is inferior and to that of the
non-stigmatized heterosexual majority. In explaining the reason for the inclusion of the lesbian
and gay population as one of the groups requiring special public health attention, the Department
of Health and Human Services noted: “The issues surrounding personal, family, and social
acceptance of sexual orientation can place a significant burden on mental health and personal
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safety” (U.S. Department of Health and Human Services, 2000). This burden has most clearly
been articulated in the literature on minority stress (Institute of Medicine, 2011).
E. Minority stress related to the marriage ban uniquely impacts lesbians and gay men.
35. Stress, such as a life event, is “any condition having the potential to arouse the
adaptive machinery of the individual” (Pearlin, 1999, in Meyer 2003, p. 675). Using engineering
analysis, stress can be described as the load relative to supportive surface (Wheaton, 1999, in
Meyer 2003, p. 675). Like a surface that may break when load weight exceeds its capacity to
withstand the load, so has psychological stress been described as reaching a breaking point
beyond which an organism may reach “exhaustion” and even death (Selye, 1993). In over 40
years of research, researchers have shown that stress causes mental and physical disorders
(Thoits, 2010).
36. Stressors include major life events (e.g., loss of a loved one), chronic conditions
(e.g., unemployment), and minor events and instances (e.g., traffic in rush hour in a big city).
Such stressors are ubiquitous—all individuals in modern societies are exposed to them. In my
research, I have referred to these as general stressors (Meyer, Schwartz, & Frost, 2008).
37. In addition to general stressors, people in disadvantaged social statuses are
exposed to unique and additional stressors. I have referred to this as minority (also social) stress
(Meyer, 1995; Meyer, 2003; Meyer & Frost, 2013). Minority stress stems from social
disadvantage related to structural stigma, prejudice, and discrimination. “Minority stressors . . .
strain individuals who are in a disadvantaged social position because they require adaptation to
an inhospitable social environment (Frost & Meyer, 2009).
38. By definition, minority stress is unique, in that it requires special adaptation by
lesbians and gay men but not by heterosexuals. Therefore, minority stress confers a unique risk
for diseases that are caused by stress. Exposure to minority stress is chronic in that it is attached
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to persistent social structures, but it can impact lesbians and gay men as both acute (e.g., a life
event, such as victimization by antigay violence or firing from a job due to one’s gay identity)
and chronic stress (e.g., heightened vigilance required to prevent victimization by antigay
violence).
39. Against such stress, lesbians and gay men, individually and as a community,
mount coping efforts and build resources that may buffer the toll of stress. Personal coping
includes, for example, a sense of mastery and family support. Community-level coping refers to
the mobilization of supportive services, including, for example, a sense of connectedness and
affiliation with the gay community (Meyer, 2003; Kertzner, Meyer, Frost, & Striratt, 2009). The
impact of stress on the etiology of illness results from the force of both stress and coping.
40. In my research I have described four pathways through which social stigma is
manifested in the lives of people who are members of stigmatized groups. I referred to these as
minority stress processes and described them as: (a) chronic and acute prejudice events and
conditions, (b) expectation of such events and conditions and the vigilance required by such
expectation, (c) concealing or hiding of one’s lesbian or gay identity, and (d) internalization of
social stigma (internalized homophobia). Below, I describe in greater detail these minority stress
processes and discuss the potential effects of the marriage ban on the health and well-being of
lesbian and gay individuals.
i. Prejudice Events
41. Prejudice events refer to events stemming from antigay prejudice, discrimination,
and violence. Prejudice events include the structural exclusion of lesbian and gay individuals
from resources and advantages available to heterosexuals, including their exclusion from the
institution of marriage discussed herein.
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42. Prejudice events also include interpersonal events, perpetrated by individuals
either in violation of the law (e.g., perpetration of hate crimes) or within the law (e.g., lawful but
discriminatory employment practices). There are numerous accounts of the excess exposure of
lesbians and gay men to such prejudice events (Herek, 2009a, 2009b; Meyer 2003; Meyer,
Schwartz, & Frost, 2008). My studies have also shown that unlike other minority groups,
antigay events can occur at home and be perpetrated by family members, such as the 43 year old
Latino man who at age 13 was raped and brutally beaten to unconsciousness by a family member
who, in the respondent’s words “raped me because I was gay and to teach me what a faggot goes
through” (Gordon & Meyer, 2007, p. 62), or boys and girls who were kicked out of their homes
to become homeless because of their family’s rejection of their homosexuality (Durso & Gates,
2012).
43. Hate crimes are a particularly painful type of prejudice event because they inflict
not only the pain of the assault itself, but also the pain associated with the social disapproval of
the victim’s stigmatized social group. The added pain is associated with a symbolic message to
the victim that he or she and his or her kind are devalued, debased, and dehumanized in society.
Such victimization affects the victim’s mental and physical health because it damages his or her
sense of justice and order (Frost, Lehavot, & Meyer, 2013; Herek, Gillis, & Cogan, 1999). It is
not only the pain of the assault but the pain reverberated through the act of the entire
community’s disapproval, derision, and disdain. Prejudice events may be perpetrated by one
perpetrator but it is the message of hate of a larger community that makes hate crimes especially
painful.
44. The added symbolic value that makes a prejudice event more damaging than a
similar event not motivated by prejudice exemplifies an important quality of minority stress:
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Prejudice events or even everyday instances of prejudice (everyday discrimination) and non-
events can have a powerful impact “more because of the deep cultural meaning they activate
than because of the ramifications of the events themselves . . . a seemingly minor event, such as a
slur directed at a gay man, may evoke deep feelings of rejection and fears of violence
[seemingly] disproportionate to the event that precipitated them” (Meyer, 1995, p. 41-42).
Therefore, stress related to stigma and prejudice is not assessed solely by its intrinsic
characteristics but also by its symbolic meaning within the social context: even a minor event or
instance can have symbolic meaning and thus create pain and indignity beyond its seemingly low
magnitude.
1) Even seemingly low-magnitude “everyday discrimination” occurrences can
have a great impact because of the symbolic message of social disapproval.
45. In interviewing lesbian and gay respondents for my study, my researchers and I
heard numerous reports of verbal assault and harassment (Gordon & Meyer, 2007). Such
instances are not acute and do not qualify as major life events because they are seemingly minor
by any objective measure (in stress terms, these incidents bring about little objective change and,
therefore, require little adaptation compared to major events, e.g., finding a new job after loosing
one’s job).
46. Nonetheless, these and similar everyday discrimination instances can be
damaging even if they are not major events because of the symbolic message of rejection that
they convey. Indeed, even stressful non-events can be damaging (Meyer, Ouellette, Haile, &
McFarlane, 2011). Stressful non-events are expected events or experiences that do not happen.
Examples of non-events include expected life course milestones that were frustrated, like a job
promotion not received when expected. Family relation milestones, such as getting married,
having children, and having grandchildren, are among the most widely expected events and not
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achieving these can be a significant stressor (Neugarten, Moore & Lowe, 1965). Lesbian and
gay persons share these expectations for life course milestones, as do their families, friends,
colleagues, and acquaintances. Family relations—using labels such as “husband,” “wife,”
“mother,” and “grandfather”—are important roles through which people are identified and
through which they identify themselves. Failing to achieve such milestones is personally
stressful and socially stigmatizing.
47. Seemingly minor non-events can also be stressful. For example, being invited to
a family affair such as a Thanksgiving Dinner or a wedding while being asked to not bring one’s
same-sex intimate partner, or having an intimate partner at such an event ignored are demeaning
experiences that lesbians and gay men encounter.
48. In part, a family member who asks a partnered gay person to come to a family
event alone acts out of personal bias. But more significantly, this family member conforms to
social conventions that assign different responsibilities and roles to partners of family members
who enter the family through the institution of marriage as compared with those who enter the
family through non-marriage arrangements. The latter are often seen as transient regardless of
how long a couple has been in a committed relationship. In contrast, a person who enters a
family through marriage immediately receives, by cultural conventions, the status of a family
member. Our language relays these conventions clearly: through in-law designations relatives of
the husband or wife are recognized as a part of a married person’s family.
2) The marriage ban devalues same-sex intimate relations in eyes of Texas
citizens.
49. Texas’ same-sex marriage ban did not invent such forms of exclusion, but these
laws perpetuate these forms of prejudice and enshrine them in the authority and respect of the
law.
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50. In addition to inducing a prejudice event (not being able to get married), the
Texas marriage ban has a symbolic impact that goes far beyond its tangible impact. Even if
same-sex couples were to receive all the legal rights that opposite-sex couples receive upon
marriage, (such as a civil union or domestic partnership), denying lesbians and gay men the right
to identify their relationship as a “marriage” indicates that society devalues their relationship.
Section 32 conveys to Texans—lesbians, gay men, their families, and all citizens—society’s
disapprobation, derision, and disdain.
51. Furthermore, the lesbian or gay person whose intimate relationship has not been
granted societal approval suffers reverberations of social disapproval in his or her daily
interactions. For example, denying or being denied one’s intimate relationship in forms and
forums where married partners assert them is a painful reminder of one’s inferiority in the eyes
of the law and society at large. Such reminders abound. They include daily interactions with
friends, family members, and co-workers, where a same-sex couple—barred from using
conventional language to refer to their relationship—must use language that minimizes the
significance of or even completely denies the relationship. Minority stress can be activated by
the seemingly benign act of filling-out administrative forms that ask about marital status. For
example, asked the simple question, “are you married?” by a Human Resources department
official at work, a Department of Motor Vehicles clerk, or a nurse at a hospital emergency room,
the same-sex couple must either engage in explanations about their relationship or deny it
altogether. Either option can have devastating implications for the person (such as being denied
access to a loved one admitted to a hospital). These experiences are stressful in that they remind
the person of his or her devaluation and rejection by society and the law.
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52. A sense of Texas’ disregard for lesbians’ and gay men’s relationships becomes
more pronounced as more states across the United States demonstrate that they value lesbians’
and gay men’s relationship by allowing same-sex marriage.
ii. Expectations of Rejection and Discrimination
53. In addition to increasing prejudice related stressors, the marriage ban may
increase expectations of rejection and discrimination, another form of minority stress. An
expectation of rejection and discrimination is a stressor because of the almost constant vigilance
required by members of minority groups to defend and protect themselves against potential
rejection, discrimination, and violence (Meyer, 2003). Unlike the concept of prejudice events,
where a concrete event or situation—a major or minor life event or a chronic stressor—was
present, expectations of rejection and discrimination are stressful even in the absence of a
prejudice event. “Because of the chronic exposure to a stigmatizing social environment, ‘the
consequences of stigma do not require that a stigmatizer in the situation holds negative
stereotypes or discriminates’” (Crocker, 1999, in Meyer, 2003, p. 681).
54. The marriage ban establishes this stigmatizing social environment as the law of
the land, giving the state’s approval and support to the stigmatization of lesbians and gay men.
As a result, lesbians and gay men feel less protected by the state than their heterosexual
counterparts, and maintain or even increase their vigilance to secure the safety of themselves,
their intimate partners, and their children.
iii. Concealing Stigmatizing Identity
55. Concealing their lesbian and gay sexual identities is a way in which some lesbians
and gay men must cope in hope of protecting themselves from the stigma. Concealing the
lesbian or gay identity offers some protections. For example, a person who conceals his or her
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lesbian or gay identity is less likely to be a victim of antigay violence than if he or she did not do
so (Rosario, Hunter, & Maguen, 2001). But, paradoxically, concealing one’s lesbian or gay
identity is itself a significant stressor for at least three reasons.
56. First, people must devote significant psychological resources to successfully
conceal their lesbian and gay identities. Concealing requires constant monitoring of one’s
interactions and of what one reveals to others. Keeping track of what one has said and to whom
is very demanding and stressful, and it leads to psychological distress. Among the effects of
concealing are preoccupation, increased vigilance of stigma discovery, and suspiciousness
(Pachankis, 2007). For example, researchers studying the cognitive efforts required to conceal
stigmatizing conditions described the person who attempts to conceal his or her stigma as living
in a “private hell” (Smart & Wegner, 2000, in Meyer, 2003, p. 681). The concealing effort, and
the required cognitive efforts can lead to significant distress, shame, anxiety, depression and low
self esteem (Frable, Platt, &Hoey, 1998).
57. Second, concealing has harmful health effects by denying the person who
conceals his or her lesbian or gay identity the psychological and health benefits that come from
free and honest expression of emotions and sharing important aspects of one’s life with others.
Health psychology research has shown that expressing and sharing emotions and experiences can
have a significant therapeutic effect by reducing anxiety and enhancing coping abilities (Meyer,
2003; Pachankis, 2007). In contrast, repression and inhibition can induce health problems. For
example, Cole and colleagues found that HIV-related disease advanced more rapidly in a group
of gay men who concealed their sexual identity than in a group of gay men with similar HIV
infection who did not conceal their sexual identity (Cole, Kemeny, Taylor, Visscher, & Fahey,
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1996). In another study, the authors showed a similar pattern among HIV-negative men
regarding health outcomes unrelated to HIV (Cole, Kemeny, Taylor &Visscher, 1996).
58. Third, concealment prevents lesbian and gay individuals from connecting with
and benefiting from social support networks and specialized services for them. Protective coping
processes can counter the stressful experience of stigma (Meyer, 2003). Coping processes
include the group’s effort to counter negative societal structures by creating alternative norms
and values and providing role models and social support. Access to and use of such community
resources is beneficial to stigmatized minority group members whose experiences and concerns
are not typically affirmed in the larger community. For example, lesbian and gay communities
often provide role models of successful same-sex couples, provide alternative values that support
lesbian and gay families, and, in general, counter homophobic messages and values (Weston,
1991). Lesbians and gay men who conceal their sexual identity would, in an effort to maintain
secrecy, avoid such organizations or venues (e.g., gay or lesbian media, a gay community center,
and other gay or lesbian community venues such as a gay pride day celebration).
59. In addition, lesbians and gay men who need supportive services, such as
competent mental health services, may receive better care from sources in the lesbian and gay
community (e.g., a specialized gay clinic; Potter, Goldhammer, &Makadon, 2008). But
individuals who conceal their lesbian and gay identities are likely to fear that their sexual identity
would be exposed if they approached such sources. More generally, concealing can lead to
social isolation as the person who conceals his or her sexual identity may avoid contact with
other lesbian and gay persons, while also feeling blocked from having meaningful honest social
relations with heterosexual individuals.
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60. As a core structural stigma, Section 32 reiterates, affirms, and propagates the
stigma of homosexuality and thus the idea that being lesbian or gay is devalued and shameful in
our society.
61. Section 32 also sends a message to heterosexual citizens that lesbians and gay
men are disdainful, increasing risk that stigma against lesbians and gay men will perpetuate in
the form of antigay discrimination, harassment, and violence.
62. The marriage ban adds fear and shame to countless individuals who, in shame,
would prefer to hide their lesbian and gay identities rather than face and cope with rejection,
discrimination, and violence. As the literature described above has shown, such concealing of a
core component of one’s identity is stressful and harms health and well-being.
iv. Internalized Homophobia
63. Internalized homophobia (also described as internalized stigma, and self-stigma)
refers to the internalization of negative societal attitudes among lesbians and gay men.
Internalized homophobia is an insidious stressor because it is unleashed by the person toward
him- or herself due to years of socialization in a stigmatizing society (Meyer, 2003, Herek,
2009a). Heterosexual, lesbian, and gay individuals internalize the prejudice and stigma of
homosexuality, but the effects of this internalization is quite severe for lesbian and gay persons.
Thus, lesbians and gay men may internalize stereotypes that homosexuality is incompatible with
intimacy. In what psychologists call the coming out process, the lesbian or gay person must
unlearn such false stereotypes and prejudicial attitudes and adopt new, healthier attitudes and
self-perceptions.
64. An important aspect of one’s self that is affected by internalized homophobia is
the possible self (Markus & Nurius, 1986)—the view of the self not only as it is but as it can
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become in the future. Possible selves are an important aspect of one’s aspiration and motivation.
Possible selves determine not only future success but also current hope and well-being. But
possible selves are formed from one’s perception of current social norms, values, and
expectations for the future. Among the important sources of possible selves are social
conventions, social institutions, role models, and expectations and aspirations of others.
65. Getting married is an especially important status. Marriage is easily accessible to
heterosexual youth in our culture. But stigma makes it hard for lesbian and gay youth to invoke
“getting married” when thinking about their future.
66. Upon realizing and accepting that one is or may be gay, a lesbian or gay person
must chart a new possible life course that is different from the possible life course of
heterosexuals. Indeed, gay youth “recognize that they will not have the same course of life as
their parents and heterosexual peers. They will not have a heterosexual marriage; they may not
have children or grandchildren. . . . In a society such as ours, where much store is placed in
competing and keeping up with one’s friends and neighbors, such an identity crisis can unhinge
not only sexuality but belief in all future life success” (Herdt & Boxer, 1996, p. 205).
67. In a study of gay youth in Chicago, Herdt and Boxer (1996) noted that coming out
begins a process of imagining a possible future. But the researchers found that gay youth had a
harder time than heterosexuals imagining life beyond their mid-thirties. That is because when
asked to foresee their futures, lesbian and gay youth expected fewer relationship events, such as
getting married or becoming a parent, than those expected by heterosexual youth. The
researchers concluded that “one of the great developmental tasks of gay and lesbian youth . . . is
the construction of a new set of future expectations of the gay and lesbian life course in the . . .
presence of negative stereotypes from the mainstream [heterosexual culture]” (p. 229).
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68. Internalizing stigma has negative consequences for the health and well-being of
lesbians and gay men. Because internalized homophobia disturbs the gay person’s ability to
overcome stigmatized notions of the self and envision a future life course, it is associated with
mental health problems and impedes success in achieving intimate relationships (Meyer, 1995;
Meyer & Dean, 1998; Frost & Meyer, 2009).
69. Empirical evidence has demonstrated that lesbians and gay men who have higher
levels of internalized homophobia are less likely than lesbians and gay men with lower levels of
or no internalized homophobia to sustain intimate relationships and even if in a relationship they
have poorer quality of relationships (e.g., Meyer, 1995; Meyer & Dean, 1998; Frost & Meyer,
2009; Balsam & Szymanski, 2005; Otis, Rotosky, Riggle, &Hamrin, 2006).
70. To the extent that a lesbian or gay person has internalized stigma, he or she may
believe that intimacy and family life—at least the socially sanctioned sort—are unattainable.
Reverberating this stigma, Section 32 deprives lesbians and gay individuals of the aspiration for
intimacy.
F. Depriving lesbians and gay men of the term “marriage” to define their relationships has
powerful stressful and costly ramifications in social interactions.
71. There is no support for the prejudiced stereotype that lesbian and gay individuals
are either less interested in or less capable of intimate relations. Quite to the contrary lesbian and
gay individuals have struggled for decades to form intimate relationships despite formidable
social forces—such as Section 32—that attempted to block their unions. In one recent study that
assessed the importance of intimacy goals, heterosexual, lesbian, and gay individuals rated
intimacy as a highly meaningful goal. Indeed, there were no significant differences between
heterosexuals and lesbian and gay individuals. Consistent with the minority stress hypothesis,
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however, lesbian and gay individuals perceived significantly more barriers and devaluation
regarding their intimacy-related goals than heterosexual individuals did (Frost, 2009).
72. Texas’s same-sex marriage ban has negative implications for lesbian and gay
families. The term “marriage” is an easily recognized and respected term. Describing one’s
intimate relationships in lesser terms afforded lesbians and gay men in Texas, such as “partner,”
is both obscure and demeaning. It is obscure because the term is easily misunderstood to denote,
for example, a business relationship. It is demeaning because it conveys to the listener that the
couple’s relationship is not valued by the state and society.
73. The anticipation that their relationship may not be recognized by a person of
authority and that, because of it, some negative events—large or seemingly small—may happen
is stressful because it requires the person to keep vigilance so she or he is prepared to cope with
an uncertain situation.
74. In addition to being stressful for its demand of vigilance, the expectation of
discrimination precipitates a defensive coping that is taxing to the person even in the absence of
an occurrence of a prejudice or discriminatory event. Such coping has both intangible and
tangible effects. For example, defensive coping may lead to worry and rumination that lead to
psychological distress. Also, defensive coping can lead to significant expenditure in time and
money to ensure one and one’s family is protected in case of need. For example, lesbian and gay
couples typically have to pay lawyers fee to arrange for extensive legal documents, such as living
trust, that attempt to replicate protections readily afforded by marriage.
G. Minority stress adversely affects the health and well-being of the lesbian and gay
population.
75. Minority stress causes serious injury in the form of psychological distress, mental
health problems, suicide, and lowered psychological and social well-being. Studies have
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concluded that minority stress processes are related to an array of mental health problems
including depressive symptoms, substance use, and suicide ideation (Cochran & Mays, 2007;
Herek & Garnets, 2007; King et al., 2008; Meyer, 2003a; Cochran & Mays, 2013).
76. Also, although less often studied, lesbian, gay, and bisexual individuals have
lower levels of psychological and social well-being than heterosexual people because of
exposure to minority stress, such as stigma and discrimination experiences (Frable, Wortman, &
Joseph, 1997; Kertzner, Meyer, & Dolezal, 2003; Riggle, Rostosky, & Danner, 2009). This is not
surprising because well-being, especially social well-being, reflects the person’s relationship
with his or her social environment: “the fit between the individuals and their social worlds”
(Kertzner, Meyer, Frost, & Stirratt, 2009, p. 500). Other studies have shown, for example, that
stigma leads lesbian, gay, and bisexual persons to experience alienation, lack of integration with
the community, and problems with self-acceptance (Frable, Wortman, & Joseph, 1997).
77. Minority stress is also associated with a higher incidence of reported suicide
attempts among nonheterosexual as compared with heterosexual individuals (e.g., Cochran &
Mays, 2000; Gilman et al., 2001; Herrell et al., 1999; Marshal et al., 2011; Meyer, Dietrich, &
Schwartz, 2008; Safren & Heimberg, 1999). Higher rates of suicide attempts among members of
sexual minorities are related to minority stress encountered by youth due to coming out conflicts
with family and community (Ryan, Huebner, Diaz, & Sanchez, 2009). Youth is a time that can
be particularly stressful, a time when young people realize they are lesbian, gay, or bisexual, and
often disclose their sexual minority identities to parents, siblings, and others (Flowers & Buston,
2001).
78. Minority stressors stemming from social structural discrimination, such as denial
of marriage equality to lesbians and gay men, have serious negative consequences on mental
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health. For example, lesbian, gay, and bisexual men and women who live in states without laws
that extend protections to sexual minorities (e.g., job discrimination, hate crimes, relationship
recognition) demonstrate higher levels of mental health problems compared to those living in
states with laws that provide equal protection (Hatzenbuehler, Keyes, & Hasin, 2009).
Furthermore, the denial of marriage rights for same-sex couples has a demonstrated negative
effect on the mental health of lesbians and gay men, regardless of their relationship status
(Riggle, Rostosky, & Horne, 2010; Rostosky, Riggle, Horne, & Miller, 2009).
79. A number of studies have also demonstrated links between minority stress factors
and physical health. For example one study found that lesbian, gay, and bisexual people who had
experienced a prejudice-related stressful life event (e.g., assault provoked by known or assumed
sexual orientation, being fired from a job because of your sexual minority identity) were about
three times more likely than those who did not experience a prejudice-related life event to have
suffered a serious physical health problem over a 1-year period. This effect remained statistically
significant even after controlling for the experience of other stressful events that did not involve
prejudice, as well as other factors known to affect physical health, such as age, gender,
socioeconomic status, employment, and lifetime health history. Thus, prejudice-related stressful
life events were more damaging to the physical health of lesbian, gay, and bisexual people than
general stressful life events that did not involve prejudice.
80. Studies found that concealment of gay identity among HIV positive gay men was
associated with lower CD4 counts, which measure the progression of HIV disease
(Strachan,Bennett, Russo, & Roy-Byrne, 2007; Ullrich, Lutgendorf, & Stapleton, 2003). Another
study of HIV-negative gay men showed that those who concealed their gay identity experienced
a higher incidence of disease—including infectious diseases and cancer—than men who did not
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conceal their gay identity (Cole, Kemeny, Taylor, & Visscher, 1996). Other studies found that
exposure to discrimination was related to outcomes such as number of sick days and number of
physician visits (Huebner & Davis, 2007).
H. Summary
81. In summary, by excluding lesbians and gay men from marriage and relegating
them to an inferior status, Section 32 enshrines in the law a core stigma about lesbians and gay
men—that they are uninterested in, unable to maintain, and, indeed, undeserving of close
intimate relationships that are equal to those of heterosexual couples. Such stigma and prejudice
create for lesbians and gay men a social environment that is inhospitable; an environment that
sends a clear message that the lesbian or gay person is unwelcome into the venerable institutions
of society. Section 32 also affirms, and shrouds in the respect of the Texas Constitution,
prejudice and discrimination.
82. This stigmatizing social environment damages the health of lesbians and gay men
in that it brings about life events—large and small—and other conditions that are stressful; it is
an environment that demands of its lesbian and gay citizens vigilance as they watch to protect
themselves from potential discrimination and violence. It is an environment where, in an attempt
to protect themselves from the stress of this stigma, lesbians and gay men are moved to conceal
their sexual identity; and it is an environment where stigma and stereotypes are internalized by
heterosexual, lesbian, and gay people. Each of these stressors cause serious injury in the form of
psychological distress, physical and mental health problems, suicide, and lowered sense of well-
being.

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29

I declare under penalty of perjury that the foregoing is true and correct.

Date: November 19, 2013 Signature:________________________
Ilan H. Meyer


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Meyer Declaration Exhibit A
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CURRICULUM VITAE

Personal Data
Name: Ilan H. Meyer
NIH eRA commons: MEYERL
Academic Training
Tel Aviv University, Tel Aviv, Israel -- B.A. Psychology, Special Education, 1981
New School for Social Research, New York, NY -- M.A. Psychology, 1987
Columbia University, School of Public Health New York, NY – Ph.D. Sociomedical Sciences/
Social Psychology 1993,
Dissertation title: Prejudice and Pride: Minority Stress and Mental Health in Gay Men.
Bruce G. Link, Ph.D. Sponsor
Traineeship
1987-1992: Pre-doctoral NIMH Fellow in Psychiatric Epidemiology - Columbia University (T32
MH 13043)
1993 -1995: Postdoctoral Fellow, Health Psychology, The Graduate Center at CUNY
1995 -1996: NIMH Research Fellow in Psychiatry (AIDS), Memorial Sloan-Kettering Cancer
Center
Professional Affiliations
American Public Health Association
American Psychological Association
American Sociological Association
New York State Psychiatric Institute, HIV Center for Clinical and Behavioral Studies
Center for Population Research in LGBT Health, The Fenway Institute
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Academic Appointments
Assistant Professor of Clinical Public Health (part-time), Mailman School of Public Health,
Columbia University, November 1994
Assistant Professor of Clinical Public Health, (full-time), Mailman School of Public Health,
Columbia University, November 1996
Assistant Professor of Public Health, Sociomedical Sciences (full-time), Mailman School of
Public Health, Columbia University, September 1998
Associate Professor of Clinical Sociomedical Sciences, Mailman School of Public Health,
Columbia University, July 2003
Deputy Chair for Masters Programs, Department of Sociomedical Sciences, Mailman School of
Public Health, Columbia University, February 2004
Visiting Scholar, Russell Sage Foundation, New York, NY 2006 – 2007
Professor of Clinical Sociomedical Sciences, Mailman School of Public Health, Columbia
University, July 1010
Williams Senior Scholar for Public Policy, The Williams Institute at UCLA School of Law, July
2011
Honors
Distinguished Dissertation - Columbia University, Graduate School of Arts and Sciences
Barbara Snell Dohrenwend Award for published/publishable paper
Marisa De Castro Benton Dissertation Award for outstanding contribution to the Sociomedical
sciences - Columbia University
Honorable Mention, Best Dissertation - American Sociological Association, Mental Health
Section
Mark Freedman Award for outstanding research on lesbian/gay issues - Association of Lesbian
& Gay Psychologists
Distinguished Scientific Contribution Award -- American Psychological Association Division
44.
May 2010 -- Inaugural Faculty Mentoring Award – Department of Sociomedical Sciences,
Columbia University’s Mailman School of Public Health
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August 2011 -- The Committee on Lesbian, Gay, Bisexual, and Transgender Concerns 2011
Outstanding Achievement Award
Public Interest, Professional Activities, Testimonies, and Consultations
American Civil Liberties Union: Position paper on Gender Identity Disorder and Psychiatric
Diagnosis (with Sharon Schwartz)
Gay Men’s Health Crisis: Oral Sex & HIV Risk Among Gay Men (with David Nimmons)
1993 – 2002 Co-Chair - Science Committee, American Psychological Association, Division 44
(Lesbian and Gay Issues)
1993 – present Ad hoc reviewer for leading scientific journals, including (partial list), AIDS
Education and Prevention: An interdisciplinary Journal, American Journal of Public
Health, Archives of General Psychiatry, Epidemiology, Journal of Health and Social
Behavior, Journal of Consulting and Clinical Psychology, Journal of Counseling
Psychology, Sex Roles: A Journal of Research, Women and Health, Self and Identity,
Developmental Psychology
1999 – 2000 Member, working group preparing a white paper on LGBT health disparities for
consideration by US HHS of inclusion of sexual orientation in Healthy People 2010
1999- 2000 Member Healthy People 2010 workgroup on sexual orienation
2000 – 2001 Guest Editor, American Journal of Public Health, Special Issue on LGBT Health,
published June 2001
2001 – present Faculty, the Center for Gender, Sexuality and Health, Department of
Sociomedical Sciences, Mailman School of Public Health, Columbia University
2003 Member, Working Group -- Workplace discrimination research and prevention, National
Institute of Occupational Safety and Health (NIOSH), Cincinnati, OH, September 29-30
2003 Member, Working Group – Men who have sex with men (MSM) of color summit, Los
Angeles, CA, May 29-30
2004 – present Faculty, The Robert Wood Johnson Foundation Health & Society Scholars
Program at Columbia University
2004 Leader, Working Group on Stigma, prejudice and discrimination. The Robert Wood
Johnson Health and Society Scholars Program at Columbia. Mailman School of Public
Health, Columbia University
2006 Co-editor, Social Science & Medicine, Special Issue on Prejudice, stigma, and
Discrimination in Health
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2008 – 2011 Faculty, The Center for the Study of Social Inequalities and Health, Mailman
School of Public Health, Columbia University
2009 – 2012 Editorial Board – Journal of Health and Social Behavior (ASA Journals)
2013 – present Editorial Board – Journal of LGBT Health (Mary Ann Liebert, Inc.)
2013 – present Consulting Editor – Journal of Sexual Orientation and Gender Diversity (APA
Journals)


2009 Interview with Dr. Van Nuys
http://www.mentalhelp.net/poc/view_index.php?idx=119&w=9 or
http://tinyurl.com/br6ojl
2009 – 2010 Expert witness for plaintiffs in Perry v. Brown, United States District Court for the
Northern District of California, San Francisco, CA.
2010 Expert witness – Written testimony in application for asylum [name withheld],
withholding of removal, and/or withholding under the convention against torture.
Removal proceedings before Immigration Judge, United States Department of Justice,
Executive Office for Immigration Review.
2011 Expert witness – United States Commission on Civil Rights briefing on peer-to-peer
violence and bullying in K-12 public schools.
2012 Expert witness -- Charles Patrick Pratt and A.E.P. through her parents and next friends
Bobbi Lynn Petranchuk and Todd Edward Petranchuk, Plaintiffs, vs. Indian River Central
School District; Indian River Central School District Board of Education.
2012 (March) -- (Co-authored with J. Pizer, press release) Uganda Bill Concerning Same-Sex
Relationships and Human Rights Advocacy.
2012 (March 12) -- (Co-authored with J. Pizer, press release) Analysis and Data On Tennessee’s
“Don’t Say Gay” Bill.
2012 (March 14) -- (Co-authored with J. Pizer) Letter to Governor Gary R. Herbert, Utah Re:
House Bill 363 by Rep. Wright (Sen. Dayton) – Potential Impacts On At-Risk Youth And
Licensed Educational Professionals From Health Information Ban.
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2012 (March 28) -- (Co-authored with J. Pizer, press release) Extending Marriage To Same-Sex
Couples in Illinois Will Have Positive Effects For 23,049 Couples Raising 7,662
Children.
2012 (May 4) – (Co-authored with J. Pizer) Letter to Missouri House Committee on Elementary
and Secondary Education, Jackson Missouri re: HB 2051 (Cookson) – Potential impacts
on at-risk youth and licensed education professionals from ban on information about
sexual orientation, including about the existence of lesbian, gay, bisexual and
transgender people.
2013 Expert written testimony immigration case (name withheld) questioning bisexuality of
asylum applicant from Colombia
2013 Expert witness on behalf of plaintiff and Lambda Legal, Pratt v. Indian River Central
School District in the United States District Court, Northern District of New York.
2013 Expert witness on behalf of plaintiff and Lambda Legal, Garden State Equality v. Dow,
Case No. MER-L-1729-11 in the Superior Court of New Jersey Law Division: Mercer
County.
2013 Editorial Board -- LGBT Health.
2013 Editorial Board -- Psychology of Sexual Orientation and Gender Diversity.
Fellowship and Grant Support
Completed Research Support
1. Project Title: Random Digit Dialing Survey of Gay/Bisexual Men
Project #, PI, and dates: Meyer, 5/1/95 – 5/1/96
Source and support amount: American Suicide Foundation, New York State Psychiatric Institute,
$5,000
Role: Principal Investigator

2. Project title: Decreasing the Need for Emergency Asthma Care in Harlem
Project #, PI, and dates: 5R01HL051492, Ford, 9/1/96 – 7/31/99
Source and support amount: National Heart, Lung, and Blood Institute $1,800,000 (est.)
Role: Project Director
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3. Project Title: Columbia Center for Children’s Environmental Health
Project #, PI, and dates: Perrera, 8/1/98 – 7/ 31/03
Source and support amount: National Institute for Environmental Health Sciences, $901,730
(annual)
Role: Co-Investigator

4. Project Title: Community Outreach for Asthma Care in Harlem
Project #, PI, and dates: Meyer, 8/1/99 – 10/1/00
Source and support amount: New York State Department of Health, $350,000
Role: Principal Investigator

5. Project Title: Head Start for Asthma
Project #, PI, and dates: Ford, 9/30/99 – 9/ 29/02
Source and support amount: Centers for Disease Control and Prevention (CDC), $350,000
(annual)
Role: Co-Investigator

6. Project Title: Survey of Women's Health and Sexuality
Project #, PI, and dates: Meyer, 3/1/00 – 3/1/01
Source and support amount: Gay and Lesbian Medical Association, Lesbian Health Fund,
$7,500
Role: Principal Investigator

7. Project Title: Vulnerabilities and strengths in the face of sexual prejudice in lesbians, gay
men, and bisexuals
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Project #, PI, and dates: Meyer, 10/31/01 – 10/30/03
Source and support amount: American Psychological Foundation, $50,000
Role: Principal Investigator

8. Project Title: Prejudice as Stress – writing manuscript
Project #, PI, and dates: 5 G13 LM007660, Meyer, 9/30/02 – 9/29/05
Source and support amount: National Library of Medicine, $163,500
Role: Principal Investigator

9. Project Title: Measurement of Major Stressful Events over Life Courses
Project #, PI, and dates: R01MH059627, Dohrenwend, 2/1/03 – 2/ 31/04
Source and support amount: National Institute of Mental Health, $276,000 (annual)
Role: Co-Investigator

10. Project Title: Stress, Identity, and Mental Health in Diverse Minority Populations
Project #, PI, and dates: R01 MH066058, Meyer, 4/1/03 – 3/31/07
Source and support amount: National Institute of Mental Health, $1,861,700
Role: Principal Investigator

11. Project title: Stigma, prejudice and discrimination in public health.
Project #, PI, and dates: Meyer, 9/1/04 – 5/31/06
Source and support amount: The Robert Wood Johnson Health & Society Scholars at Columbia
University, $42,000
Role: Principal Investigator

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12. Project Title: Cultural and Contextual Determinants of Alcohol Use Among African
American Women: A Multidisciplinary Approach to Breast Cancer Risk
Project #, PI, and dates: BC031019, Kwate, 9/1/04 – 8/31/07
Source and support amount: Department of Defense, Breast Cancer Research Program, $402,206
Role: Mentor to Dr. Kwate, PI.

13. Project Title: Diversity supplement doctoral student, Natasha Davis
Project #, PI, and dates: Supplement to 5 R01 MH066058, Meyer, 4/22/05 – 3/31/07
Source: National Institute of Mental Health, $42,000 (est. annual)
Role: Principal Investigator

14. Project Title: Prejudice and stress in minority populations
Project #, PI, and dates: Meyer, 9/1/07 – 7/31/07
Source of support and amount: Russell Sage Foundation,
Role: Visiting Scholar

15. Project title: Minority HIV/AIDS Research Initiative (MARI): Sexual risk-taking among
young Black men who have sex with men: exploring the social and situational contexts of HIV
risk, prevention, and treatment
Project #, PI, and dates: U01 PS 000700-01 (Wilson) 9/30/07 – 9/29/2011
Source and support: CDC, $592,720
Project description: The 3-year project will research contextual risk and protective factors
linked to HIV risk among young Black men who have sex with men (BMSM).
Role: Mentor, Co-investigator

16. Project title: Developmental infrastructure for population research
Project #, PI, and dates : Bradford (PI) 2007-2012
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Source and support: NICHD R21HD051178
Role: Research Faculty

17. Project title: HIV Center for Clinical and Behavioral Studies
Project #, PI, and dates: P30 MH43520 (Ehrhardt) 02/01/08 - 01/31/11
Source and support: NIMH $1,483,545
Role: Investigator
Project description: This large multidisciplinary AIDS research center focuses on HIV
prevention science among neglected populations at risk for HIV infection, with a commitment to
underserved inner-city populations and innovative research based on new scientific approaches
to prevention that emphasize sexual risk and its broader context of gender, ethnicity, and culture.
Research also focuses on interventions with HIV-infected populations, including those for stress,
coping, and medical adherence.

18. Project title: On the content of our character: The myth of meritocracy and African
American health.
Project #, PI, and dates: July 1, 2009 – December 14, 2012
Source and support: Robert Wood Johnson Foundation Investigator Award in Health Policy
Role: Co-PI
Project description: The proposed study aims to investigate some of the ill health effects of
meritocratic ideology (MI). We propose to describe the distribution and variation of MI in the
United States across historical periods and geographic regions and to assess the relationship
between MI ideologies and other ideologies that more explicitly advance inequality. We then aim
to describe narratives of MI among African Americans and assess their impact on their physical
and mental health.
Role: Co-investigator, member Interdisciplinary Research Methods Core

19. Project title: ACCESS: Assessing the experiences and needs lf gay, bisexual, and
transgender youth of color
Project #, PI, and dates: Ilan Meyer 2011 – 2012
Source of Support: California Endowment, Liberty Hill Foundation
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Role: PI

20. Project title: Needs Assessment of People with HIV/AIDS
Project #, PI, and dates: Ilan Meyer, 2013-2014
Source of Support: Ford Foundation
Role: PI

21. Project title: Sexual victimization of men
Project #, PI, and dates: Ilan Meyer, 2013-2014
Source of Support: Ford Foundation
Role: PI

Departmental and University Committees
Doctoral Admissions Committee – 2011
Coordinator, MPH Research Track – till 2002
Coordinator, MPH Admissions 2002 – 2003
MPH Committee 2003 – 2011
Curriculum committee 2003 – 2011
School MPH Admissions Committee 2002 – 2011
Department of Sociomedical Sciences Steering Committee 2007 – 2011
- Department of Sociomedical Sciences Subcommittee on Revenue Generation 2008
Mailman School of Public Health Steering Committee, (elected) 2008 – 2011
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Teaching Experience and Responsibilities
Courses
Introduction to Health Psychology (1995 - 2003)
Research Seminar in Gay and Lesbian Issues in Public Health (1997 – 2011)
Stigma, Prejudice and Discrimination as Social Stressors (2004 - 2011)
Masters Integrative Project (2005 - 2011)
Survey Research Methods in Sociomedical Sciences (2009 - 2011)
Dissertation sponsor
Lesley Sept (completed 2002) – Evaluation of a tailored HIV prevention web site
Parisa Tehranifar (completed 2004) – African American adolescents perceptions of everyday
racism and their psychological responses—Distinguished Dissertation; Best Dissertation
ASA
Paul Teixeira (defense 2007) – Condom use among gay men: The impact of reactance and affect
on safer sex practices
Alicia Lukachko (defense 2009) – Racial identity, discrimination, discrimination and religiosity
and use of mental health services among African Americans
Mentorships -- Post-doctoral fellows/Faculty
Naa Oyo Kwate: Research Scientist, Postdoctoral Award, Department of Defense, Breast Cancer
Research Program, Department of Defense
Jennifer Stuber: Scholar, Robert Wood Johnson Foundation Health and Society Scholars
Kimberley Balsam, University of Washington. Consultant, NIMH K-Award application
Carolyn Wong, Ph.D. University of Southern California. Consultant, K-Award application.
José A. Bauermeister, MPH, PhD, University of Michigan, Mentor, K-Award application.
Huso Yi, Columbia University, HIV Center, Mentor, K-Award application.
Rahwa Haile, Columbia University, HIV Center for Clinical and Behavioral Studies, Mentor.
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Tracy McFarlane, Columbia University, Psychiatric Epidemiology Training Program, Mentor.
Laura Durso, Williams Institute UCLA School of Law, post-doctoral fellow.
Ethan Meirish
Ashley Borders
Mentorships -- Pre-doctoral
John Blosnich. West Virginia University, Public Health Sciences, Social & Behavioral
Theory. Mentor through Center for Population Research in LGBT Health (Fenway Institute,
Boston, MA).
Richard Nobles. Department of Psychology, University of Washington. Consultant on NIMH
individual NRSA grant.
Keren Lehavot. Department of Psychology, University of Washington. Consultant on NIMH
individual NRSA grant.
Natasha Davis. Columbia University Teachers College. Mentor on supplemental diversity
NIMH grant (MH066058).
Edward Alessi (NYU) – Dissertation: Association of stressful life events and with posttraumatic
stress disorder (PTSD) in a racially and ethnically diverse sample lesbian, gay, bisexual
(LGB), and heterosexuals.
David Frost (CUNY Graduate Center) – Dissertation: Stigma, intimacy, and well-being: A
personality and social structures approaches
David Barnes -- Columbia University Mailman School of Public health, Department of
Epidemiology, Psychiatric Epidemiology Training program.
Publications
Original, peer reviewed articles
1. Cournos, F., Empfield, M., Horwath, E., McKinnon, K., Meyer, I., Schrage, H., Currie, C.,
& Agosin, B. (1991). HIV seroprevalence among patients admitted to two psychiatric
hospitals. The American Journal of Psychiatry, 148, 1225-1230. PMID: 1883002
2. Meyer, I., Cournos, F., Empfield, M., Agosin, B., & Floyd, P. (1992). HIV prevention
among psychiatric inpatients: a pilot risk reduction study. Psychiatric Quarterly 63, 187-197.
PMID: 1488461
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3. Meyer, I., Cournos, F., Empfield, M., Schrage, H., Silver, M., Rubin, M., & Weinstock, A.
(1993). HIV seroprevalence and clinical characteristics of severe impatient mentally ill
homeless. Journal of Social Distress and the Homeless, 2, 103-116. doi:
10.1007/BF01074224
4. Empfield, M., Cournos, F., Meyer, I., McKinnon, K., Horwath, E., Silver, M., Schrage, H.,
& Herman, R. (1993). HIV seroprevalence among homeless patients admitted to a
psychiatric inpatient unit. The American Journal of Psychiatry, 150, 47-52. PMID: 8417579
5. Meyer, I., McKinnon, K., Cournos, F., Empfield, M., Bavli, S., Engel, D., & Weinstock, A.
(1993). HIV seroprevalence among long-stay patients in a state psychiatric hospital.
Hospital & Community Psychiatry, 44, 282-284. PMID: 8444444
6. Muenzenmaier, K., Meyer, I., Struening, E., & Ferber, J. (1993). Childhood abuse and
neglect among women outpatients with chronic mental illness. Hospital & Community
Psychiatry, 44, 666-670. PMID: 8192738
7. Cournos, F., McKinnon, K., Meyer-Bahlburg, H., Guido, J. R., & Meyer, I. (1993). HIV risk
activity among persons with severe mental illness: Preliminary findings. Hospital &
Community Psychiatry, 44, 1104-1106. PMID: 8288184
8. Meyer, I., Empfield, M., Engel, D., & Cournos, F. (1995). Characteristics of HIV-positive
chronically mentally ill inpatients. Psychiatric Quarterly, 66, 201-207. PMID: 7568528
9. Meyer, I. H. & Dean, L. (1995). Patterns of sexual behavior and risk taking among young
New York City gay men. AIDS Education & Prevention, 7, 13-23. PMID: 8664094
10. Dean, L. & Meyer, I. (1995). HIV prevalence and sexual behavior in a cohort of New York
City gay men (aged 18-24). Journal of Acquired Immune Deficiency Syndromes and Human
Retrovirology, 8, 208-211. PMID: 7834405
11. Meyer, I. H. (1995). Minority stress and mental health in gay men. Journal of Health and
Social Behavior, 36, 38-56. PMID: 7738327
REPRINTED: Meyer, I. H. (2003). Minority stress and mental health in gay men. In L.
Garnets & D. C. Kimmel (Eds.), Psychological perspectives on lesbian and gay male
experiences (2nd Ed., pp. 699 - 731). New York: Columbia University Press.
12. Meyer, I. H., Muenzenmaier, K., Cancienne, J., & Struening, E. (1996). Reliability and
validity of a measure of sexual and physical abuse histories among women with serious
mental illness. Child Abuse and Neglect, 20, 213-219. PMID: 8734551
13. Meyer, I. H. & Dean, L. (1998). Internalized homophobia, intimacy, and sexual behavior
among gay and bisexual men. In G.M. Herek (Ed.), Stigma and sexual orientation:
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Meyer Declaration Exhibit A
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Understanding prejudice against lesbians, gay men, and bisexuals (pp. 160-186).
Psychological Perspectives on Lesbian and Gay Issues, Series Editors B. Greene & G.M.
Herek. Thousand Oaks, CA: Sage.
14. Siegel, K., Lune, H. & Meyer, I.H. (1998). Stigma management among gay/bisexual men
with HIV/AIDS. Qualitative Sociology, 21, 3-24. doi: 10.1023/A:1022102825016
REPRINTED: D.H. Kelly and E.J. Clarke (Eds.), Deviant behavior: A text-reader in the
sociology of deviance (pp. 263 – 281). NY: Worth Publishers.
15. ** Siegel, K. & Meyer, I. H. (1999). Hope and resilience in suicide ideation and behavior of
gay and bisexual men following notification of HIV infection. AIDS Education &
Prevention, 11, 53-64. PMID: 10070589
16. Meyer, I. H. & Colten, M. E. (1999). Sampling gay men: Random digit dialing versus
sources in the gay community. Journal of Homosexuality, 37, 99-110. PMID: 10482333
17. ** Dean, L., Meyer, I. H., Sell, R. L., Sember, R., Silenzio, V., Bowen, D. J., Bradford, J.,
Rothblum, E. D., Scout, White, J., Dunn, P., Lawrence, A., Wolfe, D., & Xavier, J. (2000).
Lesbian, gay, bisexual, and transgender health: Findings and concerns. Journal of the Gay
and Lesbian Medical Association, 4, 102-151. doi: 10.1023/A:1009573800168
18. Ford, J.G. Meyer, I.H., Sternfels, P, Findley, S.E., McLean, D.E., Fagan, J.K., &
Richardson, L. (2001). Patterns and predictors of asthma-related emergency department use
in Harlem. Chest, 120, 1129-1135. PMID: 11591549
19. Meyer, I.H., Sternfels, P., Fagan, J.K., Copeland, L., & Ford, JG. (2001). Characteristics and
Correlates of Asthma Knowledge Among Emergency Department Users in Harlem. Journal
of Asthma, 38(7), 531-539. PMID: 11714075
20. Perera, F.P., Illman, S.M., Kinney, P.L., Whyatt, R.M., Kelvin, E.A., Shepard, P., Evans, D.,
Fullilove, M., Ford, J.G., Miller, R.L., Meyer, I., & Rauh, V. (2002). The challenge of
preventing environmentally related disease in young children: Community-based research in
New York City, Environmental Health Perspectives, 110(2), 197-204. PMCID:
PMC1240736
21. Northridge, M.E., Meyer, I.H., & Dunn, L. (2002). Overlooked and Underserved in Harlem:
A population-based survey of adults with asthma. Environmental Health Perspectives, 110,
Supplement 2, 217-220. PMCID: PMC1241166
22. Meyer, I.H., Sternfels, P., Fagan, J.K., & Ford, J.G. (2002). Asthma-related limitations in
sexual functioning: An important but neglected area of quality of life. American Journal of
Public Health, 92, 770-772. PMCID: PMC1447159
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23. Lewin, S. & Meyer, I.H. (2002). Torture and ill-treatment based on sexual identity: the roles
and responsibilities of health professionals and their institutions. Health and Human Rights,
6(1), 161-176.
24. Meyer, I. H., Rossano, L., Ellis, J., & Bradford, J. (2002). A brief telephone interview to
identify lesbian and bisexual women in random digit dialing sampling. Journal of Sex
Research, 39, 139-144. PMID: 12476246
25. Meyer, I.H., Whyatt, R.M., Perera, F.P., & Ford, J.G. (2003). Risk for asthma in 1-year-old
infants residing in New York City high-risk neighborhoods. Journal of Asthma, 40 (5), 545
– 550. PMID: 14529104
26. Meyer, I.H. (2003). Prejudice as stress: Conceptual and measurement problems. American
Journal of Public Health, 93, 262-265. PMCID: 1447727
27. Meyer, I.H. (2003). Prejudice, social stress, and mental health in lesbian, gay, and bisexual
populations: Conceptual issues and research evidence. Psychological Bulletin, 129, 674–
697. PMCID: 2072932
28. Pesola, G. R., Xu, F., Ahsan, H., Sternfels, P., Meyer, I.H., & Ford, J.G. (2004). Predicting
asthma morbidity in Harlem emergency department patients. Academic Emergency
Medicine, 11(9), 944-950. PMID: 15347544
29. **Young, R. & Meyer, I.H. (2005). The trouble with “MSM” and “WSW”: Erasure of the
sexual-minority person in public health discourse. American Journal of Public Health, 95,
1144-1149. PMCID: 1449332
30. **Feldman, M. B., & Meyer, I. H. (2007). Eating disorders in diverse lesbian, gay, and
bisexual populations. International Journal of Eating Disorders, 40, 218 – 226. PMID:
17262818 PMCID: 2080655
31. **Feldman, M.B. & Meyer, I.H. (2007). Childhood abuse and eating disorders in gay and
bisexual men. International Journal of Eating Disorders, 40, 418 – 423. PMID: 17506080
PMCID: 2042584
32. Gordon, A. & Meyer, I.H. (2007). Gender nonconformity as a target of prejudice,
discrimination and violence against LGB individuals. Journal of LGBT Health Research,
3(3), 55–71. PMID: 19042905
33. Stirratt, M. J., Meyer, I. H., Ouellette, S. C., & Gara, M. (2008). Measuring identity
multiplicity and intersectionality: Hierarchical Classes Analysis (HICLAS) of sexual, racial,
and gender identities. Self & Identity, 7 (1), 89 – 111. doi: 10.1080/15298860701252203
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34. Meyer, I.H., Dietrich, J.D., & Schwartz, S. (2008). Lifetime prevalence of mental disorders
and suicide attempts in diverse lesbian, gay, and bisexual populations. American Journal of
Public Health, 98, 1004 – 1006. PMID: 17901444 PMCID: PMC2377299
35. Meyer, I. H., Schwartz, S., & Frost, D. M. (2008). Social patterning of stress and coping:
Does disadvantaged social statuses confer more stress and fewer coping resources? Social
Science & Medicine, 67, 368-79. PMID: 18433961 PMCID: 2583128
36. Kwate, N.O. & Meyer, I.H. (2009). Association between residential exposure to outdoor
alcohol advertising and problem drinking among African American women in New York
City. American Journal of Public Health. 99, 228-30. PMID: 19059857; PMCID:
PMC2622787
37. Narváez, R. F., Meyer, I.H., Kertzner, R.M., Ouellette, S.C. & Gordon, A.R.(2009). A
qualitative approach to the intersection of sexual, ethnic, and gender identities. Identity,
9(1), 63-86. doi: 10.1080/15283480802579375
38. Frost, D.M., & Meyer, I.H. (2009). Internalized homophobia and relationship quality among
lesbians, gay men, and bisexuals. Journal of Counseling Psychology, 56, 97–109. PMID:
20047016 PMCID: PMC2678796
39. Meyer, I.H. & Wilson, P. (2009). Sampling lesbian, gay, and bisexual populations. Journal
of Counseling Psychology, 56, 23–31. doi:10.1037/a0014587.
40. Kertzner, R. M., Meyer, I. H., Frost, D. M., & Stirratt, M. J. (2009). Social and
psychological well-being in lesbians, gay men, and bisexuals: The effects of race, gender,
age, and sexual identity. Journal of Orthopsychiatry, 79(4), 500-510. PMID: 20099941;
PubMed - in process. PMCID: PMC2853758.
41. Kwate, N.A. & Meyer, I.H. (2009). Individual and group racism and problem drinking
among African American women. Journal of Black Psychology. OnlineFirst, published on
December 11, 2009 as doi:10.1177/0095798409355795. PMID: 8879074 PMC Journal –
In Process.
42. Meyer, I.H. (2010). Identity, stress, resilience in lesbians, gay men, and bisexuals of color.
The Counseling Psychologist, 38(3), 442-454 . doi: 10.1177/0095798409355795. PMC
Journal – In Process.
43. Schwartz, S. & Meyer, I.H. (2010). Mental health disparities research: The impact of within
and between group analyses on tests of social stress hypotheses. Social Science & Medicine,
70(8), 1111-1118. PMID: 20100631.
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44. Feldman, M.B., & Meyer, I.H. (2010). Comorbidity and age of onset of eating disorders in
gay men, lesbians, and bisexuals. Psychiatry Research.
doi:10.1016/j.psychres.2009.10.013, PMC Journal – In Process. PMID: 20483473.
45. Kwate, N.O. & Meyer, I.H. (2010). The Myth of meritocracy and African American health.
American Journal of Public Health. (Published online ahead of print August 19, 2010: e1-
e4. doi:10.2105/AJPH.2009.186445). PMID: 1883002; PMCID: PMC2936997
46. O’Donnel, S., Meyer, I.H., & Schwartz, S. (2011). Increased risk for suicide attempts in
Black and Latino lesbians, gay men, and bisexuals. American Journal of Public Health.
Published online ahead of print April 14, 2011: e1-e4. doi:10.2105/AJPH.2010.300032
PMID: 21493928, PMCID: PMC3093285
47. Kwate, N.O. & Meyer, I.H. (2011). On sticks and stones and broken bones stereotypes and
African American health. Du Bois Review: Social Science Research on Race, 8 (1), 191 –
198. DOI: 10.1017/S1742058X11000014
48. Frost, D.M. & Meyer, I.H. (2011). Measuring Community Connectedness among Diverse
Sexual Minority Populations. Journal of Sex Research. First Published Online April 19,
2011 (iFirst) DOI: 10.1080/00224499.2011.565427. PMID: 21512945 PMCID:
PMC3143245
49. Meyer, I.H., Ouellette, S.C., Haile, R., & McFarlane, T.A. (2011). “We’d Be Free”:
Narratives of Life Without Homophobia, Racism, or Sexism. Sexuality Research and
Social Policy, 8, 204-214. DOI: 10.1007/s13178-011-0063-0
50. Alessi, E. J., Meyer, I. H., & Martin, J. I. (2011). PTSD and Sexual Orientation: An
Examination of Criterion A1 and Non-Criterion A1 Events. Psychological Trauma: Theory,
Research, Practice, and Policy. Advance online publication. doi: 10.1037/a0026642
51. Barnes D. & Meyer, I.H. (2012). Religious Affiliation, Internalized Homophobia, and
Mental Health in Lesbians, Gay Men, and Bisexuals. Journal of Orthopsychiatry, 82 (4), 505
– 515. PMID: 23039348 PMCID: PMC3523746
52. Goldberg N.G. & Meyer, I.H. (2012). Sexual Orientation Disparities in History of Intimate
Partner Violence –Results from the California Health Interview Survey. Journal of
Interpersonal Violence. Published online ahead of print DOI: 10.1177/0886260512459384
PMID: 23008053
53. Durso, L. & Meyer, I.H. (2012). Patterns and predictors of disclosure of sexual orientation
to healthcare providers among lesbians, gay men, and bisexuals. Sexuality Research &
Social Policy. Published online ahead of print DOI 10.1007/s13178-012-0105-2.
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54. Alessi, E. J., Martin, J. I., Gyamerah, A., & Meyer, I. H. (2013). Prejudice events and
traumatic stress among heterosexuals and lesbians, gay men, and bisexuals. Journal of
Aggression, Maltreatment & Trauma, 22(5), 510-526. doi:10.1080/10926771.2013.785455
55. Wong, C. F., Schrager, S. M., Holloway, I. W., Meyer, I. H., & Kipke, M. D. (2013).
Minority stress experiences and psychological well-being: The impact of support from and
connection to social networks within the los angeles house and ball communities. Prevention
Science : The Official Journal of the Society for Prevention Research. doi:10.1007/s11121-
012-0348-4
56. Frost, D. M., Lehavot, K., Meyer, I. H. (2013). Minority stress and physical health among
sexual minority individuals. Journal of Behavioral Medicine. DOI: 10.1007/s10865-013-
9523-8.
57. Meyer, I.H, & Bayer, R. (2013). School-Based Gay-Affirmative Interventions: First
Amendmen.t and Ethical Concerns. American journal of public health 103, 10, 1764-1771.
58. Hatzenbuehler, M. L., Brikett, M., Van Wagenen, A., & Meyer, I.H. (in press). Protective
School Climates Reduce Risk for Suicide Ideation in Sexual Minority Youth. American
Journal of Public Health.
59. Bostwick, W.B., Meyer, I.H., Aranda, F., Russell, S., Hughes, T., Birkett, M., & Mustanski,
B. (in press). Mental Health and Suicidality among Racially Diverse Sexual Minority Youth.
American Journal of Public Health.

Reviews, Chapters and Editorials
60. Meyer, I.H. (1992). Book Review: Inventing AIDS by Cindy Patton. Women & Health,
18(1), 137-142.
61. Nimmons, D. & Meyer, I.H. (1996). Oral sex & HIV risk among gay men: Research
summary. NY: Gay Men’s Health Crisis report.
62. Meyer, I.H. (1998). Oral sex – Fellatio. In Raymond A. Smith (Ed.) Encyclopedia of AIDS:
A social, political, cultural, and scientific record of the HIV epidemic (p. 384 – 386).
Chicago: Fitzroy Dearborn Publishers.
63. ‡ ** Meyer, I. H. & Schwartz, S. (2000). Social issues as public health: Promise and peril.
American Journal of Public Health, 90, 1189-1191. PMCID: PMC1446330
64. Meyer, I. H. (2001). Why lesbian, gay, bisexual, and transgender public health? American
Journal of Public Health, 91, 856-859. PMCID: PMC1446455
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65. ‡ ** Lewin, S. & Meyer, I.H. (2001). Torture, ill-treatment, and sexual identity. The Lancet,
358, Dec 1, 1899-1900. PMID: 11741651
66. ‡ * Meyer, I.H. (2002). Smearing the queer: Medical bias in the health care of gay men by
Michael Scarce (Essay Review). International Journal of Epidemiology, 31(2), 501-503. doi:
10.1093/ije/31.2.501
67. ‡ Kertzner, R., Meyer, IH., & Dolezal, C. (2003). Psychological Well-Being in Midlife
Older Gay Men. In G. Herdt & B. de Vries (Eds.) Gay and Lesbian Aging Research and
Future Directions (pp 97-115). NY: Springer Publishing Company.
68. ‡ *Meyer, I.H. (2005). Book review: Lesbian and gay psychology: New perspectives by
Adrian Coyle and Celia Kitzinger. Culture, Health & Sexuality: An International Journal for
Research, Intervention and Care, 7(2), 179 - 182.
69. ‡ * Meyer, I.H. (2007). Prejudice and discrimination as social stressors. In I.H. Meyer and
M.E. Northridge (Eds.), The health of sexual minorities: Public health perspectives on
lesbian, gay, bisexual and transgender populations (pp. 242 – 267). New York: Springer.
70. Stuber, J.S., Meyer, I.H., & Link, B.G. (2008). Stigma, prejudice, discrimination and
health. An introduction to special issue, Social Science & Medicine. 67, 351- 7. PMID:
18440687
71. ‡*Meyer, I.H. & Ouellette, S.C. (2009). Unity and purpose at the intersections of
racial/ethnic and sexual identities. In Phillip L. Hammack and Bertram J. Cohler (Eds.), The
story of sexual identity: Narrative perspectives on the gay and lesbian life course (pp. 79 –
106). NY: Oxford University Press.
72. Schwartz, S. & Meyer, I.H. (2010). Reflections on the stress model: A response to Turner.
Social Science & Medicine, 70(8), 1121-1122. doi:10.1016/j.socscimed.2009.11.038
73. Meyer, I.H. (2010). The right comparisons in testing the minority stress hypothesis:
Comment on Savin-Williams, Cohen, Joyner, and Rieger. Archives of Sexual Behavior.
Published online: August 2010. doi: 10.1007/s10508-010-9670-8.
74. Meyer, I.H. (2011). The health of sexual minorities. In: Andrew Baum, Tracey A.
Revenson, & Jerome Singer (Eds.), Handbook of Health Psychology, 2nd Edition (pp. 595 –
616). NY: Psychology Press, Taylor & Francis Group.
75. Meyer, I.H. & Frost, D.M. (2013). Minority stress and the health of sexual minorities. In
Charlotte J. Patterson and Anthony R. D’Augelli (Eds.), Handbook of Psychology and
Sexual Orientation (pp. 252 – 266). NY: Oxford University Press.
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76. Meyer, I.H., Frost, D.M., & Nezhad, S. (in press). Minority stress and suicide in lesbians,
gay men, and bisexuals. In Peter B. Goldblum, Dorothy Espelage, Joyce Chu, & Bruce
Bongar, (Eds), The Challenge of Youth Suicide and Bullying. New York, NY: Oxford
University Press.

Popular Media
Meyer, I.H. (2011). The Little Things: The Impact of Prejudice in the Everyday Lives of LGBT
People. http://www.huffingtonpost.com/ilan-h-meyer-phd/lgbt-
prejudice_b_1004408.html, October 11, 2011. Advocate pictorial:
http://www.advocate.com/news/daily-news/2011/11/03/how-would-your-life-be-
different-if-homophobia-did-not-exist
Meyer, I.H. (2011). Op-ed: HPV Infection Is a Gay Men’s Health Crisis. The Advocate.
http://www.advocate.com/Politics/Commentary/Oped_HPV_Infection_Is_a_Gay_Men_
Health_Crisis/, October 28, 2011.
Meyer, I. H. (2011). Gay Rights Across the Globe. http://www.huffingtonpost.com/ilan-h-
meyer-phd/gay-rights-across-the-glo_b_1143891.html, December 13, 2011.

Note: ‡ -- Peer reviewed
Books
Meyer, I.H. & Northridge, M.E. (Eds.). (2007). The health of sexual minorities: Public health
perspectives on lesbian, gay, bisexual and transgender populations. New York: Springer.
Abstracts, Proceedings, and Papers Presented at Conferences (partial list)
Meyer, I.H. Experience from a community-based asthma intervention. Working Together to
Combat Urban Asthma. Proceedings of a Conference hosted by the Center for Urban
Epidemiologic Studies at the New York Academy of Medicine. New York, May 4 and 5,
1998.
Meyer I.H., Copeland L., Findley S., McLean D.E., Richardson L., Ford J.G.: The Harlem
asthma knowledge questionnaire. Paper presented at the International Conference of the
American Thoracic Society, Chicago, IL. April 24 - 29, 1998
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Meyer, I.H., Richardson, L., Findley, S., McLean, D., Trowers, R., Ford, J.G. (1999). Predictors
of frequent asthma-related emergency department use in Harlem. American Journal of
Respiratory and Critical Care Medicine, 159: (3) A129-A129, Suppl. S.
Ford, J.G., Li, Y., Meyer, I.H., Dave, C., DeGraffinreidt, D. (1999). beta(2)-adrenoreceptor B16
and B27 polymorphisms and asthma severity. American Journal of Respiratory and
Critical Care Medicine, 159: (3) A31-A31, Suppl. S.
Meyer I.H. Reducing Disparities in Asthma Care: Are We Doing Enough?. The 96th
International Conference of the American Thoracic Society, Toronto, Canada. May 5 –
10, 2000
Meyer I.H., Fagan J., Sternfels P., Foster K., Dave C., Ford J: Asthma-Related Limitation in
Sexual Functioning among Emergency Department Users. The 96th International
Conference of the American Thoracic Society, Toronto, Canada. May 5 –10, 2000
Meyer, I.H. Minority stress and mental health in lesbian and gay populations. Paper presented at
the 26th Annual Meeting of the International Academy of Sex Research, Paris, France.
June 21 –24, 2000.
Meyer, I.H. Epidemiology of mental health in gay men: What do we know and what do we need
to know? Paper presented at the Gay Men’s Health Summit, Boulder, Colorado. July 19 –
23, 2000.
Meyer, I.H., Community outreach for asthma care in Harlem: Broad based community, clinic,
and research collaboration. Paper presented at the Annual Meeting of the American
Association of Public Health, Washington, DC, November 13, 2000.
Meyer, I.H., Gay and bisexual men’s health: What we know, what we need to know, what we
need to do. Paper presented at the Annual Meeting of the American Association of Public
Health, Washington, DC, November 15, 2000.
Meyer, I.H., Rossano, L., Ellis, J., & Bradford, J. Use of a brief telephone interview to identify
lesbian and bisexual women in random digit dialing sampling. Paper presented at the 56th
Annual Conference of the American Association of Public Opinion Research, Montreal,
Canada, May 17 – 20, 2001.
Meyer, I.H. (2003). Prejudice as stress: Conceptual and measurement problems. Paper presented
at the Eighth International Conference on Social Stress Research, Portsmouth, NH, April
2002.
Meyer, I.H. (2003). Minority stress and mental health in lesbians, gay men, and bisexuals. Paper
presented at the annual meeting of the American Psychiatric Association, San Francisco,
May 17 – 20, 2003.
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Meyer, I.H. (2004). Expectations of stigma as a stressor in minority populations. Paper presented
at the Ninth International Conference on Social Stress Research, Montreal, Canada, May
28 – 31, 2004.
Meyer, I.H. (2005). LGBT health research: Theoretical issues and research ethics. Enhancing the
Health and Well-being of LGBT Individuals, Families and Communities: Building a
Social Work Research Agenda. Symposium of the Institute for the Advancement of
Social Work Research, Washington, D.C., June 23-24, 2005
Meyer, I. H. (2005, August). Intersectionality in LGB health research. Paper presented at the
annual convention of the American Psychological Association (APA), Washington, DC.
Meyer, I. H. (2006, March). Stress and mental health lesbian, gay, and bisexual individuals.
Paper presented at Temple Concord, Binghamton, NY (co-sponsored by Binghamton
University, Pride and Joy Families, and the Temple Concord Outreach Committee).
Meyer, I. H. (2006, March 23). Social stress, identity, and mental health in diverse lesbian, gay,
and bisexual populations. Paper presented at Binghamton University, Binghamton, NY.
Meyer, I. H. (2006, May 18). Race, gender, and sexual orientation variability in exposure to
stress related to prejudice. Paper presented at the Psychiatric Epidemiology Training
Seminar, Mailman School of Public Health, Columbia University.
Meyer, I, H., Schwartz, S., Stirratt, M. J., & Frost, D. M. (2006, August). Identity, stress, and
coping in lesbian, gay, and bisexual populations. Paper presented at the annual
convention of the American Psychological Association (APA), New Orleans, LA.
Frost, D. M., & Meyer, I. H. (2006, August). Internalized homophobia as a predictor of
intimacy-related stressors among gay, lesbians, and bisexual individuals. Poster
presented at the annual convention of the American Psychological Association (APA),
New Orleans, LA.
Meyer, I.H. (2006, October). Social stress related to prejudice and discrimination as a cause of
mental disorders: Conceptual issues and research findings. Paper presented at the Yale
University Psychology Colloquium.
Meyer, I. H., Dietrich, J., & Schwartz, S. (2006, November). Prevalence of DSM-IV disorders in
diverse lesbian, gay, and bisexual populations. Paper presented at the annual convention
of the American Public Health Association (APHA). Boston, MA.
Frost, D. M., Dietrich, J., Narvaez, R. F., & Meyer, I. H. (2006, November). Improving
community sampling strategies of diverse lesbian, gay, and bisexual populations. Paper
presented at the annual convention of the American Public Health Association (APHA).
Boston, MA.
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Gordon, A. R., & Meyer, I. H. (2006, November). Gender nonconformity as a target of
prejudice, discrimination, and violence against LGB individuals. Paper presented at the
annual convention of the American Public Health Association (APHA), Boston, MA.
Kertzner, R. M., Meyer, I. H., Frost, D. M., & Stirratt, M. J. (2006, November). Psychological
and social well-being in lesbians, gay men, and bisexuals: The effects of age, sexual
orientation, gender, and race. Paper presented at the annual convention of the American
Public Health Association (APHA), Boston, MA.
Meyer, I.H. (2008, July) Social stress and mental health outcomes in lesbians, gay men and
bisexuals. Paper presented at the XXIX International Congress of Psychology, Berlin,
Germany.
Meyer, I.H. (2008, August). Random versus venue-based community sampling of lesbians, gay
men, and bisexuals, Paper in a symposium titled Innovative research methodologies for
advancing LGBT scholarship. American Psychological Association 2008 Annual
Convention, Boston MA
Frost, D.M. & Meyer, I.H. (2008, August). Social Support Networks among Diverse Sexual
Minority Populations. Poster presented at the American Psychological Association 2008
Annual Convention, Boston MA
Frost, D.M., Lehavot, K., & Meyer, I.H. (2011, August). Minority Stress and Physical Health
among Sexual Minorities. Poster presented at the American Psychological Association
2011 Annual Convention, Washington, DC.
Meyer, I.H. (Naomi Goldberg first author) (2012, May 4). Intimate Partner Violence in LGB
Populations: Data from the California Health Interview Survey. Population Association
of America, San Francisco, CA.

Invited Presentations (partial list)
Meyer, I.H. (2004, March 26). Minority Stress: The Impact of Stigma, Prejudice, and
Discrimination on the Mental Health of LGB populations. Gay Men’s Health Center,
New York, NY.
-- (2004, September 28). Stress, identity, and mental health in minority populations.
Sociomedical Sciences Seminar, Mailman School of Public Health, Columbia University.
-- (2004, October 7). Prejudice, Identity, and Resilience in Minority Mental Health. Rutgers
University.
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-- (2006, February 7). Stress, identity, and mental health: overview. Sociomedical
Sciences Seminar, Mailman School of Public Health, Columbia University.
-- (2006, March). Stress and mental health lesbian, gay, and bisexual individuals.
Temple Concord, Binghamton, NY (co-sponsored by Binghamton University, Pride and
Joy Families, and the Temple Concord Outreach Committee).
-- (2006, March 23). Social stress, identity, and mental health in diverse lesbian, gay, and
bisexual populations. Binghamton University, Binghamton, NY.
-- (2006, May 18). Race, gender, and sexual orientation variability in exposure to stress
related to prejudice. Psychiatric Epidemiology Training Seminar, Mailman School of
Public Health, Columbia University.
-- (2006, October 12). Clinical lunch talks, Department of Psychology, Yale University.
-- (2006, November 1). Social stress related to prejudice and discrimination as a cause of
mental disorders. Temple University, Philadelphia, PA.
-- (2007, February 11). Russell Sage Foundation, Scholars Seminar. Stress related to
prejudice as a cause of mental disorders. Russell Sage Foundation, New York, NY
-- (2007, September 20). Stress, Identity, and Health in Diverse NYC LGB Communities.
HIV Center for Behavioral Studies, New York State Psychiatric Institute, New York, NY
-- (2007, June 5). Invited Keynote Address, The NIH 11th Annual Noon-in-June Program:
An Observance of Gay, Lesbian, Bisexual & Transgender Pride Month at the National
Institutes of Health. The impact of prejudice on the mental health of lesbians, gay men,
and bisexuals. Bethesda, MD
-- (October, 2007). Stress, Identity, and Mental Health in Diverse NYC LGB
Communities? St. Luke-Roosevelt Hospital, New York, NY
-- (2007, November 14). Stress exposure and mental health outcomes: Are women
disadvantaged? Johns Hopkins University, Baltimore, MD.
-- (2007, November 29). Invited speaker: AAPOR NY symposium on lesbian and gay
men. The Impact of Prejudice and Discrimination on the Mental Health of LBG
Populations. Hunter College, New York, NY
-- (2008, January 6). Trevor Project suicide prevention helpline . Staff training: Minority
stress and health of LGB persons. New York, NY
-- ( 2008, April 25). Invited speaker: Minority stress and LGBT public health. Breaking
the Silence: LGBT Research at Columbia and Beyond, Columbia University, New York,
NY
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-- (2008, May 29). Keynote Speaker, Maine LGBTI Health Summit: Challenges,
Opportunities, Change. Social Stress and Health Disparities of LGBTI populations.
Augusta, ME
-- (2008, September 17) Personality/Social Psychology Colloquia. Social Psychology and
Minority Stress Models. Graduate Center of the City University of New York. New
York, NY.
-- (2008, October 17). Prejudice, Social Stress and Mental Health. Psychiatry Grand
Rounds. Memorial Sloan-Kettering Cancer Center, New York, NY.
-- (2009, February 27). LGBT public health. UNC Minority Health Conference. UNC
Gillings School of Global Public Health, Chapel Hill, NC
-- (2009, March 18). Minority (Social) Stress. Drexel University, Philadelphia, PA.
-- (2009, May 1). Keynote Speaker. Queer Health Task Force Conference, Columbia
University, Mailman School of Public Health.
-- (2009, September 22). Gender, Sexuality, and Health seminar. Social stress as a cause of
mental disorder: research findings and reflections on a theory. Columbia University,
Mailman School of Public Health, Department of Sociomedical Sciences. New York, NY
-- (2009, October 8). Robert Wood Johnson Foundation Investigator Awards in Health
Policy Research, 2009 Annual Meeting. With Naa Oyo Kwate. On the content of our
character: The myth of meritocracy and African American health. San Diego, CA
-- (2009, December 1). Keynote Speaker. World AIDS Day Symposium Minority Stress
Theory, Findings, and Implications for HIV/AIDS Prevention with Racial/Ethnic
Minority Gay and Bisexual Men. University of California San Francisco, Parnassus
Campus. San Francisco, CA
-- (2009, December 3). Social stress as a cause of mental disorders:
Research findings and reflections on a theory. Palo Alto University, Palo Alto, CA
-- (2010, March 22). Invited address. Mental Health: Stress and Protective Factors.
Institute of Medicine, Board on the Health of Select Populations. Committee on
Lesbian, Gay, Bisexual, and Transgender Health: Issues and Research Gaps and
Opportunities. Washington, DC
-- (2010, April 27). Invited Speaker. Bring gay back to the MSM health crisis. Invited
address, The Sexual Health of Gay Men and other MSM: HIV/STD Prevention Plus
Conference, The Fenway Institute, Fenway Health, Boston, MA.
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-- (2010, May 5). Keynote Speaker. LGBT Resiliency: From Trauma To Policy, Boston
College, Boston, MA
-- (2010, May 7). Invited Speaker. Sexual Orientation and Disparities in Mental Health.
Kellogg School of Management, Northwestern University, Chicago, IL.
-- (2010, June 28 – July 1). Lecturer. National Sexuality Resource Center at San
Francisco State University Summer Institute. San Francisco, CA
-- (2010, August 11). Lecturer. Boston University/Fenway Health Summer Institute,
Boston, MA
-- (2010, August 13). Invited Speaker. Marriage Inequality, Structural Stigma, and
Health: Lesbian, Gay, and Bisexual People. American Psychological Association,
Presidential program on Marriage Equality. San Diego, CA
-- (2010, September 21). Research, advocacy, and the constitutional challenge to the Prop
8 ban on gay marriage in California. Department of Sociomedical Sciences, Columbia
Unversity Mailman School of Public Health.
-- (2010, September 21). Bring gay back to the MSM health crisis. New York City HIV
Prevention Planning Group. New York, NY
-- (2010, December 1). Invited Speaker. Perry v. Schwarzenegger and minority stress.
Rutgers University, Women and Gender Studies Department.
-- (2010, December 6). Minority Stress and Mental Health in LGB Populations. The
Charles R. Williams Institute on Sexual Orientation Law, University of California Los
Angeles, Los Angeles, CA
-- (2011, February 9). Invited Speaker. Research, advocacy, and the constitutional
challenge to the Prop 8 ban on gay marriage in California. CUNY Graduate Center,
Social/Personality Psychology. New York, NY
-- (2011, February 22). Discussant, Libby Adler's paper entitled: Just the Facts: The Perils
of Expert Testimony in Gay Rights Litigation. Columbia Unversity Law School.
-- (2011, March 16). Invited Speaker. Institute on Urban Health Research Northeastern
University.
-- (2011, March 25). Group leader, Intersectionality Working Group. Fenway Institute,
Boston.
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-- (2011, April 8). Pride & Joy Training Day, Training fro health care professionals in
Upstate and Western New York State on mental health issues of LGBT populations.
Pride and Joy Families Weekend Conference, Rochester, NY.
-- (2011, April 9). Invited Speaker: Research, Advocacy, and the Constitutional Challenge
to the Prop 8 Ban on Gay Marriage in California. 2011 Pride and Joy Families Weekend
Conference, Rochester, NY.
-- (2011, May 13). Testimony before the U.S. Commission on Civil Rights Peer-to-Peer
Violence and Bullying: Examining the Federal Response. Washington, DC.
-- (2011, May 29-31). Invited address. Quantifying Intersectionality Dialogue. Spring
Learning Institute on Intersectionality. Simon Fraser University, Vancouver, BC.
-- (August 10, 2011). Minority Stress Research and the Constitutional Challenge
to the Prop 8 Ban on Gay Marriage in California. Fenway Summer Institute, Boston,
MA
-- (2011, September 8-10). Invited Speaker. Using Social Science Research in LGBT
Rights Litigation and Public Policy Advocacy, Lavender Law conference, Los Angeles,
CA
-- (2011, October 21). Invited Speaker. Social Science and Public Health in LGBT Law
and Public Policy. Loyola Law School Los Angeles, CA Symposium LGBT identity
and the law.
-- (2011, November 1). Keynote Address. Minority Stress and the Health of Sexual
Minorities. 7th British Columbia Gay Men’s Health Summit Health & Sexual Rights,
Vancouver, BC, Canada
- (2012, February 9). Minority Stress and the Health of Sexual Minorities Lecture at
Diversity Science Initiative. UCLA Psychology Department, Los Angeles, CA
- (2012, February 18). The health impact of homophobic school environment on LGBT
youth. CESCaL Supporting Students ~ Saving Lives conference, San Diego, CA
- (2012, February 22). What happened to the Employment Non-Discrimination Act
(ENDA) and how employment discrimination still burdens the LGBT community?
Williams Institute Lecture Series, West Hollywood, CA
- (2012, April 5). Why LGBT public health? National Public Health Week 2012 Queers for
Public Health & Students of Color for Public Health. UCLA School of Public Health,
Los Angeles, CA
Case 5:13-cv-00982-OLG Document 25-28 Filed 11/22/13 Page 57 of 64
Meyer Declaration Exhibit A
- Page 28 of 28-
- (2012, April 20). Marriage Equality for Same-Sex Couples: Science and the Legal
Debate. Keynote panel, Minnesota Psychological Association, Minneapolis, MN.




_______________________________________________
* Lead author
** Authors contributed equally

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