Section 7

Citation: Section 7
Parent Document: Bostock v. Clayton County, 590 U.S. 644 (2020)
Jurisdiction: United States (federal)
Effective Date: 2020-06-15
Original Source: https://www.courtlistener.com/opinion/4760997/bostock-v-clayton-county/ ↗

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In its then-most recent Diagnostic and Statistical Manual
of Mental Disorders (1952) (DSM–I), the American Psychi-
atric Association (APA) classified same-sex attraction as a
“sexual deviation,” a particular type of “sociopathic person-
ality disturbance,” id., at 38–39, and the next edition, is-
sued in 1968, similarly classified homosexuality as a “sex-
ual deviatio[n],” Diagnostic and Statistical Manual of
Mental Disorders 44 (2d ed.) (DSM–II). It was not until the
sixth printing of the DSM–II in 1973 that this was
changed.23
   Society’s treatment of homosexuality and homosexual
conduct was consistent with this understanding. Sodomy
was a crime in every State but Illinois, see W. Eskridge,
Dishonorable Passions 387–407 (2008), and in the District
of Columbia, a law enacted by Congress made sodomy a fel-
ony punishable by imprisonment for up to 10 years and per-
mitted the indefinite civil commitment of “sexual psycho-
path[s],” Act of June 9, 1948, §§104, 201–207, 62 Stat. 347–
349.24

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