Interim Report on Employment of Homosexuals and Other Sex Perverts in Government

81st Congress, 2d Session
Document No. 241

Employment of Homosexuals and Other Sex Perverts in Government

December 15 (legislative day, November 27), 1950.––Ordered to be printed

Mr. Hoey submitted the following

Interim Report

[Pursuant to S. Res. 280, 81st Cong.]
Made to the Committee on Expenditures in the Executive Departments by its Subcommittee on Investigations

Introduction

The Senate Investigations Subcommittee of the Committee on Expenditures in the Executive Departments was directed, under authority of Senate Resolution 280 (81st Cong., 2d sess., adopted June 7, 1950), (see Appendix I), to make an investigation into the employment by the Government of homosexuals and other sex perverts. This resolution was the result of preliminary inquiries made earlier this year by a subcommittee of the Senate District of Columbia Subcommittee on Appropriations composed of Senator Hill of Alabama and Senator Wherry of Nebraska. The reports and testimony of that subcommittee were of considerable valve to the Investigations Subcommittee in the conduct of this inquiry. 

An investigation on a Government-wide scale of homosexuality and other sex perversion is unprecedented. Furthermore, reliable, factual information on the subject of homosexuality and sex perversion is somewhat limited. In the past, studies in this field, for the most part, were confined to scientific studies by medical experts and sociologists. The criminal courts and the police have had considerable experience in the handling of sex perverts as law violators, but the subject as a personnel problem until very recently has received little attention from Government administrators and personnel officers.

The primary objective of the subcommittee in this inquiry was to determine the extent of the employment of homosexuals and other sex perverts in Government; to consider reasons why their employment by the Government is undesirable; and to examine into the efficacy of the methods used in dealing with the problem. Because of the complex nature of the subject under investigation it was apparent that this investigation could not be confined to a mere personnel inquiry. Therefore, the subcommittee considered not only the security risk and other aspects of the employment of homosexuals, including the rules and procedures followed by Government agencies in handling these cases, but inquiries were also made into the basic medical, psychiatric, sociological and legal phases of the problem. A number of eminent physicians and psychiatrists, who are recognized authorities on this subject, were consulted and some of these authorities testified before the subcommittee in executive session. In addition, numerous medical and sociological studies were reviewed. Information was also sought and obtained from law-enforcement officers, prosecutors, and other persons dealing with the legal and sociological aspects of the problem in 10 of the larger cities in the country.

The subcommittee, being well aware of the strong moral and social taboos attached to homosexuality and other forms of sex perversion, made every effort to protect individuals from unnecessary public ridicule and to prevent this inquiry from becoming a public spectacle. In carrying out this policy it was determined at tie outset that all testimony would be taken by the subcommittee in executive session. Accordingly, all witnesses appearing before the subcommittee testified in executive hearings. In the conduct of this investigation the subcommittee tried to avoid the circus atmosphere which could attend an inquiry of this type and sought to make a thorough factual study of the problem at hand in an unbiased, objective manner.

It was determined that even among the experts there existed considerable difference of opinion concerning the many facets of homosexuality and other forms of sex perversion. Even the terms "sex pervert" and "homosexual" are given different connotations by the medical and psychiatric experts. For the purpose of this report the subcommittee has defined sex perverts as "those who engage in unnatural sexual acts" and homosexuals are perverts who may be broadly defined as "persons of either sex who as adults engage in sexual activities with persons of the same sex." In this inquiry the subcommittee is not concerned with so-called latent sex perverts, namely, those persons who knowingly or unknowingly have tendencies or inclinations toward homosexuality or other types of sex perversion, but who, by the exercise of self-restraint or for other reasons do not indulge in overt acts of perversion. This investigation is concerned only with  those who engage in overt acts of homosexuality or other sex perversion.

The subcommittee found that most authorities agree on certain basic facts concerning sex perversion and it is felt that these facts should be considered in any discussion of the problem. Most authorities believe that sex deviation results from psychological rather than physical causes, and in many cases there are no outward characteristics or physical traits that are positive as identifying marks of sex perversion. Contrary to a common belief, all homosexual males do not have feminine mannerisms, nor do all female homosexuals display masculine characteristics in their dress or actions. The fact is that many male homosexuals are very masculine in their physical appearance and general demeanor, and many female homosexuals have every appearance of femininity in their outward behavior.

Generally speaking, the overt homosexual of both sexes can be divided into two general types; the active, aggressive or male type, and the submissive, passive or female type. The passive type of male homosexual, who often is effeminate in his mannerisms and appearance, is attracted to the masculine type of man and is friendly and congenial with women. On the other hand the active male homosexual often has a dislike for women. He exhibits no traces of femininity in his speech or mannerisms which would disclose his homosexuality. This active type is almost exclusively attracted to the passive type of homosexual or to young men or boys who are not necessarily homosexual but who are effeminate in general appearance or behavior. The active and passive type of female homosexual follow the same general patterns as their male counterparts. It is also a known fact that some perverts are bisexual. This type engages in normal heterosexual relationships as well as homosexual activities. These bisexual individuals are often married and have children, and except for their perverted activities they appear to lead normal lives.

Psychiatric physicians generally agree that indulgence in sexually perverted practices indicates a personality which has failed to reach sexual maturity. The authorities agree that most sex deviates respond to psychiatric treatment and can be cured if they have a genuine desire to be cured. However, many overt homosexuals have no real desire to abandon their way of life and in such cases cures are difficult, if not impossible. The subcommittee sincerely believes that persons afflicted with sexual desires which result in their engaging in overt acts of perversion should be considered as proper cases for medical and psychiatric treatment. However, sex perverts, like all other persons who by their overt acts violate moral codes and laws and the accepted standards of conduct, must be treated as transgressors and dealt with accordingly.

Sex Perverts as Government Employees

Those charged with the responsibility of operating the agencies of Government must insist that Government employees meet acceptable standards of personal conduct. In the opinion of this subcommittee homosexuals and other sex perverts are not proper persons to be employed in Government for two reasons; first, they are generally unsuitable, and second, they constitute security risks. . . . 

Conclusion

There is no place in the United States Government for persons who violate the laws or the accepted standards of morality, or who otherwise bring disrepute to the Federal service by infamous or scandalous personal conduct. Such persons are not suitable for Government positions and in the case of doubt the American people are entitled to have errors of judgment on the part of their officials, if there must be errors, resolved on the side of caution. It is the opinion of this subcommittee that those who engage in acts of homosexuality and other perverted sex activities are unsuitable for employment in the Federal Government. This conclusion is based upon the fact that persons who indulge in such degraded activity are committing not only illegal and immoral acts, but they also constitute security risks in positions of public trust.

The subcommittee found that in the past many Government officials failed to take a realistic view of the problem of sex perversion in Government with the result that a number of sex perverts were not discovered or removed from Government jobs, and in still other instances they were quietly eased out of one department and promptly found employment in another agency. This situation undoubtedly stemmed from the fact that there was a general disinclination on the part of many Government officials to face squarely the problem of sex perversion among Federal employees and as a result they did not take the proper steps to solve the problem. The rules of the Civil Service Commission and the regulations of the agencies themselves prohibit the employment of sex perverts and these rules have been in effect for many years. Had the existing rules and regulations been enforced many of the perverts who were forced out of Government in recent months would have been long since removed from the Federal service.

It is quite apparent that as a direct result of this investigation officials throughout the Government have become much more alert to the problem of the employment of sex perverts in Government and in recent months they have removed a substantial number of these undesirables from public positions. This is evidenced by the fact that action has been taken in 382 sex perversion cases involving civilian employees of Government in the past 7 months, whereas action was taken in only 192 similar cases in the previous 3-year period from January 1, 1947, to April 1, 1950. However, it appears to the subcommittee that some Government officials are not yet fully aware of the inherent dangers involved in the employment of sex perverts. It is the considered opinion of the subcommittee that Government officials have the responsibility of exercising a high degree of diligence in the handling of the problem of sex perversion, and it is urged that they follow the recommendations of this subcommittee in that regard.

While this subcommittee is convinced that it is in the public interest to get sex perverts out of Government and keep them out, this program should be carried out in a manner consistent with the traditional American concepts of justice and fair play. In order to accomplish this end every reasonable complaint of perverted sex activities on the part of Government employees should be thoroughly investigated and dismissals should be ordered only after a complete review of the facts and in accordance with the present civil service procedures. These procedures provide that the employee be informed of the charges against him and be given a reasonable time to answer. Furthermore, in view of the very serious consequence of dismissal from the Government on charges of sex perversion, it is believed that consideration should be given to establishing a board of review or similar appeal machinery whereby all persons who are dismissed from the Government on these charges may, if they so desire, have their cases reviewed by higher authority outside of the employing agency. No such appeal machinery exists at the present time.

Although 457 persons who were arrested by police authorities in sex perversion cases in the District of Columbia during the past 4 years indicated that they were employees of the Government at the time of their arrest, information concerning the great majority of these arrests did not come to the attention of the Civil Service Commission or the other agencies of Government until April of this year. This deplorable situation resulted from the lack of proper liaison between the law enforcement agencies and the departments of Government. The subcommittee is gratified to report that this situation has now been corrected. Since April information concerning Government employees arrested on charges of sex perversion in the District of Columbia and elsewhere has been promptly reported from the FBI to the Civil Service Commission and the employing agencies of Government in order that appropriate action may be taken in each case.

The subcommittee also found that the existing criminal laws in the District of Columbia with regard to acts of sex perversion are inadequate and the subcommittee has drawn up proposed amendments to the District Criminal Code which should materially strengthen these laws. It was also discovered that most of the homosexuals apprehended by the police in the District of Columbia were booked on charges of disorderly conduct. In most cases they were never brought to trial but were allowed to make forfeitures of small cash collateral at police stations. This slipshod method of disposing of these cases with little or no review by the prosecutive or judicial authorities was corrected after the subcommittee brought this situation to the attention of the judges of the municipal court in August 1950.

Since the initiation of this investigation considerable progress has been made in removing homosexuals and similar undesirable employees from positions in the Government. However, it should be borne in mind that the public interest cannot be adequately protected unless responsible officials adopt and maintain a realistic and vigilant attitude toward the problem of sex perverts in the Government. To pussyfoot or to take half measures will allow some known perverts to remain in Government and can result in the dismissal of innocent persons.

In view of the importance of preventing the employment of sex perverts in Government the subcommittee plans to reexamine the situation from time to time to determine if its present recommendations are being followed and to ascertain whether it may be necessary to take other steps to protect the public interest.