In 1961, Sara Harb Quiroz, an immigrant from Mexico, was deported for homosexuality. According to the Immigration and Nationality Act of 1952, immigrants found to be “afflicted with psychopathic personality,” which included “homosexuals,” could be deported or denied entry. Quiroz challenged her deportation, declaring that her homosexuality did not mean she had psychopathic behavior. She lost her court case.

Clive Michael Boutilier, a Canadian immigrant, disputed in 1967 the constitutionality of the “psychopathic personality” clause of the Immigration and Nationality Act. Boutilier, facing deportation for homosexuality, brought his case before the U.S. Supreme Court. The Court found that Congress can exclude aliens based on “characteristics.” Boutilier was deported.