The PHS then issued a certificate indicating that Boutilier "was afflicted with a class A condition, namely, psychopathic personality, sexual deviate, at the time of his admission to the United States for permanent residence on June 22nd, 1955.

Furthermore, the examinations by these two psychiatrists supported the conclusion that he was a "sexual deviate of the homosexual type," so the PHS would still be required to issue a certificate certifying that he had a "psychopathic personality.

[5] On June 2, 1966, Clive Boutilier's case was argued before the Court of Appeals for the Second Circuit before judges Leonard P. Moore, John Joseph Smith, and Irving Kaufman.

1962), where it was held that the term "psychopathic personality" was not precise enough to adequately warn a prospective immigrant that homosexual activity was proscribed, so it was thus void for vagueness.

In this opinion, Kaufman discussed the legislative history of the Immigration and Nationality Act of 1952 to support the government's claim that Congress had intended to consider homosexuals as excludable.

In particular, he noted that some initial bills in Congress had specifically included language to exclude "aliens who are homosexuals or sex perverts" but that the language was eliminated after the PHS advised lawmakers that the "provision for the exclusion of aliens afflicted with psychopathic personality...is sufficiently broad to provide for the exclusion of homosexuals and sex perverts."

[7] The dissenting opinion, written by Moore, did not contest the idea that Congress intended homosexuality to be considered as a basis for exclusion under the diagnosis of "psychopathic personality."

The opinion also determined that the statutory language of "psychopathic personality" was not too vague to pass muster under due process review.