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May 16, 1978 - Image 5

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Publication:
Michigan Daily, 1978-05-16

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The Michigan Daily-Tuesday, May 16, 1478-Page 5
COURT DECLINES GAYRIGHTS QUESTION
Refuses to hear N. Carolina case

WASHINGTON (AP)-The Supreme
Court yesterday -refused to call into
question the authority of states to
outlaw homosexual acts between con-
senting adults.
The court, with two jnstices
disagreeing, left untouched a North
Carolina sodomy law dspite argumen-
ts that it violated the privacy of rights
of homosexuals.
CIVIL LIBERTIES lawyers had
urged the justices to use the case to
study the rights of homosexuals for the
first time in more than a decade.
In the sodomy case, Eugene Enslin of
Jacksonville, N.C., was convicted in
1974 to havng oral sex with a young
U.S. Marine from nearby Camp
LeJeune. Enslin, owner of a com-
bination massage parlor-adult
bookstore, was sentenced to orte-year in
prison and served nine months before
being paroled.
Enslin's lawyers argued, "This case
involves the question whether the
government may cpnstitutionally
prohibit private consensual
homosexual activity between adults."
THE NATION'S highest court has not
considered a case involving the rights
of homosexuals since $967, when it

ruled thathomosexual aliens could be
deported as "person afflicted with a
psychopathic personality."
That finding was later refuted by the
American Psychiatric Association,
which in 1974 eliminated homosexuality
as a mental disorder and reclassified it
asa "sexual orientation disturbance."
'Justices Thurgood Marshall and
William Brennan were alone yesterday
in voting to here Enslin's appeal.
Returning from, its last two-week
recess of a term scheduled to end June
19, the court handed down hundreds of
orders and several decisions. In other
matters, the court:
* Agreed in a New York case to decide
whether states mayrefuse to hire
resident aliens as public school
teachers. Past Supreme Court
decisions have barred states from
discriminating against aliens in various
occupations, but last March 22 the court
said states may refuse to hire aliens as
state police officers.
" Left invalidated a New York law
that had barred aliens from practicing
medicine unless they become
naturalized citizens. They also sent
back to California for more study a
ruling that state and local governments

may not bar aliens from becoming
probation officers.
" Ruled by a 6-3 vote that state courts
may interneve in labor disputes in-
volving alleged illegal picketing on
private property.Since 1959, state cour-
ts have had little authority to intervene
if the National Labor Relations Board
might become involved.
* Ruled 7-1 in a major decision on In-
dian tribal sovereignty that tribes are
immune from civil suits alleging sex
discrimination.
* Told a Moylan, Pa., Quaker who
from 1969 to 1972 withheld portions of
his federal income taxes as "war crime
deductions" that he has to pay those
back taxes.
" Decided by a 7-2 vote that the
results of a telephone wiretap in a
criminal investigation are admissable
in court even though most of the calls
overheard by police were not relevant
to the probe. The majority said a one-
month wiretap on a home phone in a
narcotics investigation was legal even
though only 40 percent of the calls were
found to be related to drug transac -
tions.
Justice William Rehnquist, writing

Hearst returns to prison to
finish bank robbery sentence

SAN FRANCISCO (AP)-An "ex-
tremely depressed" Patricia Hearst
went back to prison yesterday to com-
plete her seven-year sentence for bank
robbery.
Hearst, 24, in a station wagon driven
by a security guard, arrived at the
minimum-security prison facility at
Pleasanton, 30 miles east of San Fran-

finement.
DURING HER previous incar-
ceration, Hearst spent several weeks at
the campus-like Pleasanton facility but
was transferred to a San Diego prison.
after her attorney, Al Johnson, com-
plained of threats on her life. .
She was freed on $1 pillion bail in
November 1976, eight months after she
"
Patricid Hearst:
"extremely depressed"
about her return to
prison
S

time of her kidnapping, Hearst was an
art student at the University of Califor-
nia at Berkeley.
The Harrises, among the few
remaining survivors of the tiny band of
revolutionaries that gained inter-
national attention with the Feb. 4, 1974,
abduction, were her companions during
her 19 months as a kidnap victim and
fugitive.
HEARST WAS captured in San Fran-
cisco in September 1975. At her two-
month trial, she tearfully recalled her
life on the run, saying the Harrises
threatened her and instilled in her a
fear of the FBI. She testified her cap-
tors told her she would be killed if she
refused to participate in the bank rob-
bery, which netted the terrorists
$10,960.
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for the majority, said that "blind
reliance on the percentage of non-
pertinent calls intercepted is not a sure
guide" to the legitimacy of the wiretap.
In a sharply worded dissent, Justice
William Brennan, who was joined by
Justice Thurgood Marshall, accused
the majority of eroding the right of
privacy.
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thing to keep the active outdoor
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cisco, at about 4 p.m. PDT, 90 minutes
after leaving her parents' home in
Hillsborough, 30 miles away.
HEARST FOR 18 months while un-
successfully appealing her conviction,
will have to spend at least 14 months
there before being eligible for parole
next year.
Hearst reportedly spent the past
week at San Sineon, the fabled coastal
estate built by her late grandfater,
newspaper magnate William Randolph
Hearst, 200 miles south of her suburban
Hillsborough home.
She was described as "extremely
depressed" about her return to prison.
The Times of San Mateo quoted uniden-
tified family sources as saying she-was
especially concerned because all 15
days of her -previous 14 months in
custody were spent in solitary con-

was convicted of joining her Sym-
bionese Liberation Army (SLA) kid-
nappers in an April 1974 armed holdup
of a quiet residential branch of the
Hibernia bank in San Francisco.
While free on bail, Hearst was protec-
ted by private security guards and kept
a low public profile.
LAST MARCH 24, the U.S. Supreme
Court refused to review her conviction,
and District Court Judge Wiliam
Orrick, in a secret agreement with her
attorneys, declined to modify his seven-
year sentence.
Hearst has cooperated with
authorities since her September 1975
arrest in San Francisco. She is
scheduled to testify for the prosecution
when SLA members William and Emily
Harris go on trial in October in Oakland
on charges of kidnapping her. At the

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