Are You Now Or Have You Ever Been A Homosexual

In doing my research for my Legal History paper, I found this great exchange in a case involving a German national petitioning to naturalize. The cite is Nemetz v. INS, 647 F.2d 432, 433-434 (4th Cir. 1981).

In 1976, Nemetz petitioned for naturalization. Although it is unclear from the record exactly how or when the Immigration and Naturalization Service (hereafter, the "Service") first became aware of Nemetz's homosexuality, at the Service hearings on his petition, he was questioned extensively about his homosexual activity:

Q. Mr. Nemetz, are you now or have you ever been a homosexual?
A. I'm now.
Q. You are now?
A. Yes.
Q. But you have and you so testified at this time dated women in Germany before you came to the United States?
A. Yes.
Q. Do you have sexual relations with your roommate ?
A. Well, we have a relationship. I like him.
Q. Have you ever had sexual relationships with him?
A. What do you mean sexual relationships?
Q. Intimate relationships. Getting into the sexual aspects.
Q. Either yes or no.
A. Yes.
Q. Mr. Nemetz, have you ever committed a homosexual act in public?
A. No.
Q. Have you ever recruited for any type of sexual activities in public?
A. No.
Q. Or everything you state that you have done as far as your private life is concerned, sexual life has been private. Is that correct, sir?
A. Yes.
Q. And to this date you still are (a) practicing homosexual. Is that correct, sir?
A. Yes.
Q. Ok. Have you ever been arrested or been questioned by the police for any of these activities?
A. No.
Q. Any complaints made against you concerning these activities?
A. No.
Q. So what you're saying is that your relationship in the United States has been with one individual. Is that correct?
A. Yes.
Q. And no others?
A. That's right. Yeah.
Q. And in your lifetime that is the only individual you've had a relationship of this type with?
A. Yes.
Q. Ok, Mr. Nemetz. In the last six years have you had sexual relations with (your roommate)?
A. Yes.
Q. Alright(sic). These sexual relations, were they oral type sexual relations?
A. No. Not particularly.
Q. Have there been any in the last six years?
A. I guess.
Q. Yes or no?
Mr. Murray: Can I ask a question?
Q. Yes.
Mr. Murray: Why is that particular question asked? I mean he has admitted to sexual relations.
Q. Well, ah, sex relations can be interpreted different ways and I don't want to get into, ah a linguistic battle of what sexual relations are at this point. There is (sic) either been penetration at one point [**4] or another, for sexual relations or sex relations at some point can be petting or kissing or things like that and inorder (sic) to further determine and interprete (sic) what exactly is meant by sexual relations, I'd like it specifically on the record.
Mr. Murray: But what I'd like to know is why this particular question when he has admitted to sex relations. What would be what's (sic) relevance to the proceeding?
Q. The relevance to the proceeding is a practicing homosexual whether it is would have a bearing on naturalization or not would be dependent on ah the type of activities that have ah gone that have gone before the activities that have gone with Mr. Nemetz and his roommate would have a bearing on depending on what the state law is concerning these activities.

My favorite part (besides the first question, of course), is the clearly uncomfortable line of questioning that begins with "These sexual relations, were they oral type sexual relations?"

They really know how to get into a man's head, those INS interrogators.

Personally, I've often wanted to go on a date type situation to a nice dinner type meal occasion, maybe some wine type beverage, then a film type situation, before being invited in for a coffee type situation, which of course I know typically leads to oral type sexual relations, and possible other types of sexual relations as well.