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GAYER v. LAIRD

September 28, 1971

Richard L. GAYER, Plaintiff,
v.
Melvin R. LAIRD et al., Defendants


John H. Pratt, District Judge.


The opinion of the court was delivered by: PRATT

JOHN H. PRATT, District Judge.

 Findings of Fact

 1. Plaintiff is a 32 year old citizen of the United States. He is an electronics engineer with a Bachelor of Science degree from the Drexel Institute of Technology and a Master of Science degree from the University of Pennsylvania.

 2. Plaintiff was first granted a SECRET clearance for work in private industry in 1961, and held such clearance until March, 1970, when it was suspended by defendants pursuant to Section V.B. of Department of Defense Directive 5220.6 of December 7, 1966.

 3. Plaintiff is, and has been for a considerable period of time, an active homosexual and admits that he engages in homosexual acts.

 4. On May 2, 1969, plaintiff completed the standard Department of Defense Personnel Security Questionnaire in the course of updating his clearance records. The application required the listing of organizational affiliations. Plaintiff listed thereon his membership in the Society for Individual Rights (SIR) and the Janus Society. On July 22, 1969, plaintiff was interviewed by a Special Agent of U.S. Army Intelligence. Plaintiff acknowledged his membership in these homo-phile organizations but refused to answer questions as to his homosexual activities on the ground that such were irrelevant to his eligibility for a security clearance. By letter dated October 8, 1969, plaintiff was advised that the Industrial Security Clearance Review Office had under consideration the matter of his current eligibility for a security clearance, and that the Screening Board had determined that a personal interview with him was necessary to a determination in his case. The Screening Board later determined that its purposes would be accomplished by plaintiff's answering the following written interrogatories:

 
"II.
 
"Have you ever engaged in any homosexual act(s) or any act(s) of sexual perversion with another male person(s)?
 
"III.
 
"(If the answer to Question II. is 'Yes', answer the following):
 
"1. Name or describe the sexual acts engaged in with other male(s):
 
"2. Approximately how many such acts have occurred?
 
"3. Dates (approximate) or the period within which such acts have ...

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