Courting Justice: Gay Men and Lesbians v. the Supreme Court

By Joyce Murdoch; Deb Price | Go to book overview

5
"AFFLICTED WITH HOMOSEXUALITY"

JUST THREE YEARS AFTER FAILING to get Fleuti deported, Justice Clark got another crack at a homosexual alien. When Canadian Clive Michael Boutilier appealed to the Supreme Court for help in 1966, he unwittingly provided exactly the kind of case for which Clark had been waiting.

By the time the INS began trying to deport him, Boutilier was even more deeply rooted in American soil than George Fleuti had been during his own immigration troubles. Whereas Fleuti lived alone and had no close relatives in this country, Boutilier was involved in a seven-year relationship with an American man. They lived together in the same Brooklyn apartment building as Boutilier's mother, a naturalized U.S. citizen, and his stepfather. Boutilier also had three brothers and a sister in the United States. Only his eldest sister was back in Canada.

Born in Sheet Harbor, Nova Scotia, in 1933, Clive Michael Boutilier had grown up on his large Catholic family's small farm. The oldest son, he dropped out of school at 13 to help the family make ends meet. At 21, Boutilier immigrated to New York City, where he found steady work. He served as an attendant to a mentally ill person, then became a building maintenance man.

In September 1963, the month he turned 30, Boutilier applied for U.S. citizenship. He volunteered that he'd been arrested in 1959 on a sodomy charge that was reduced to assault, then dismissed because the alleged victim refused to press charges. That admission, of course, set off INS alarms. The agency interrogated Boutilier, getting him to acknowledge three or four homosexual encounters a year since age 16.

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Courting Justice: Gay Men and Lesbians v. the Supreme Court
Table of contents

Table of contents

  • Title Page *
  • Contents v
  • Acknowledgments vii
  • Introduction "Pay No Attention to That Man behind the Curtain" 1
  • 1 - One Standard of Justice 27
  • 2 - A Burning Sense of Injustice 51
  • 3 - Beefcake on the Menu 65
  • 4 - More Than a Homosexual 89
  • 5 - Afflicted with Homosexuality 103
  • 6 - Nowhere to Hide 135
  • 7 - Nothing to Hide 163
  • 8 - A Marble Storm Cellar 189
  • 9 - Ominous, "Unsettled" Times 213
  • 10 - The Chess Master Makes His Move 237
  • 11 - Adrift in a Sea of Gay Clerks 271
  • 12 - Branded Second-Class Citizens 311
  • 13 - Confirming Hostility 355
  • 14 - Crawling toward Empathy 389
  • 15 - Turning a Major Corner 415
  • 16 - The Constitution 'Neither Knows nor Tolerates Classes among Citizens' 451
  • 17 - Counting to Four 483
  • Conclusion - Seeking the Shortest Path to Equal Justice 517
  • Appendix 531
  • Notes on Sources 536
  • Selected Bibliography 561
  • Index 565
  • About the Authors *
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