The Court agrees that throughout history, many federal and state laws have categorically discriminated against homosexuals. For example, in 1952, Congress prohibited gay men and women from entering the country.
See Obergefell, 962 F.Supp.2d at 987–88, , at *14; see also Boutilier v. INS, 387 U.S. 118, 120, 87 S.Ct. 1563, 18 L.Ed.2d 661 (1967) (concluding that the legislative history of the Immigration and Nationality Act of 1952 “indicate[d] beyond a shadow of a doubt that the Congress intended the phrase ‘
psychopathic personality’ to include homosexuals” and labeled homosexuals “ill”). In 1953, President Eisenhower issued an executive order requiring the discharge of homosexual employees, among others, from all federal employment, and this policy remained in place until 1975.
See Exec.
Order No. 10450, 18 F.R. 2489 (1953);
see also Employment of Homosexuals and Other Sex Perverts in Government, Interim Report submitted to the Committee by its Subcommittee on Investigations pursuant to S. Res. 280 81st Congress (December 15, 1960), at 9 (finding that between 1947 to 1950, approximately 1,700 applicants for federal positions were denied employment because of their homosexuality, which was considered a “sex perversion” that made them “unsuitable” and a “security risk” for the jobs). Furthermore, until the Supreme Court's decision in
Lawrence in 2003, consensual homosexual conduct was criminalized in many states.
Golinski, 824 F.Supp.2d at 983–84. Before 2011, homosexuals could not openly serve in the military, and the military still criminalizes sodomy today.
Obergefell, 962 F.Supp.2d at 987–88, , at *14. Therefore, Plaintiffs have established that homosexuals have been subjected to a long history of discrimination.