Richard L. Schlegel had lived in small towns throughout Central PA for most of his life. Graduating from Penn State University in 1949 and earning a master’s degree at American University, Schlegel secured a civil service job. He later worked as a civilian employee of the Department of the Army in Honolulu, Hawaii in the transportation office at Fort Shafter. In 1961, Schlegel filed a request for his security clearance to be upgraded from secret to top secret. However, Schlegel was investigated for “homosexual activities” and was removed from his job due to “immoral and indecent conduct.” Two years later, he filed an appeal against his discharge that traveled up to the Supreme Court.1
In 1962, he returned back to central Pennsylvania and was hired for the job as director of finance for the Department of Highways (known to day as the Pennsylvania Department of Transportation – PennDOT) in 1963. In private, he established a Harrisburg branch of the Janus Society, the first gay organization in Central Pennsylvania, and opened a PO box in Harrisburg. In 1965, a postal investigator revealed his correspondence with the Janus Society to his superior, resulting in Schlegel being fired from his position.
Despite Richard L. Schlegel v. the United States reaching all the way to the Supreme Court, there were little reports to be found until 1970 with the case’s final decision. The Kane Republican published an article from the Associated Press titled “Homosexual Case Headed for Test in the Supreme Court,” first explaining the side of the Civil Liberties Union helping Schlegel in his case.2 They argue, using studies from Freud, Kinsey, and the greater medical field, that gay people are just as trustworthy as everyone else, and there is also no evidence claiming that they are incapable of controlling their sexual impulses.
Then, the writer Barry Schweid establishes the stakes of the appeal and gives a brief summary explaining how Schlegel was investigated and discharged. In the last paragraph, he explains that Schlegel’s dismissal was upheld by the Civil Service Board of Appeals and Review in 1962, and the US Court of Claims ruled against his lawsuit for lost pay.
“If activities of this kind are allowed to be practices in a government department, it is inevitable that the efficiency of the service will in time be adversely affected.”
US Court of Claims, The Kane Republican
The Berwick Enterprise also wrote an article in 1970 titled “Homosexuals Rebuffed by High Court,” which says quite simply that the Supreme Court denied the appeal3. Interestingly enough, however, it mentions that the Supreme Court covered two cases of the same kind, which both protest that the government can deny a gay person employment due to their sexual orientation. The Enterprise explained that the Justice Department completely denied a review of these cases.
“Selected psychiatric comments and other materials are presented to suggest that it would be wiser for the government not to act of the basis of its views of sexual propriety among its citizens… Until corresponding legislation is adopted, however, we believe neither changes in public attitudes nor information pointing to the desirability of a corresponding official change itself warrants review by this court.”
Solicitor General Erwin N. Griswold, The Berwick Enterprise
Both of these articles begin with “homosexual,” presumably to draw in readers on what may be considered a controversial topic. However, the Schweid’s usage of the word could draw attention to one of two things: either that the case is about homosexuality, or that “a homosexual” made a case. The ambiguity of this is interesting when compared to the Enterprise, which started immediately with “homosexuals” and did not even bother to mention the name of the second person’s case at all. You could argue Schweid has a more progressive stance, judging from the ambiguous language choice of the headline as well as providing the perspective of the Civil Liberties Union defending Schlegel in his case.
Current Coverage
Richard Schlegel has long since held a place in PA LGBT+ rights history. In 2021, a historical marker was installed in his honor at the Pennsylvania capitol. However, Republican State Senator John DiSanto called for its removal after unearthed an interview from OutHistory.org in 19934. In the interview, Schlegel describes some of his first experiences with sexuality, one including a sexual experience with a neighbor when Schlegel was 16 and the boy 11 or 12. Schlegel also tells the interviewer about his experience and connections with Gay International, and how one of his close friends Bob Marsden was convicted in Perry County Court for publishing child pornography and other images of children that border the line legally.5
“Bob had good representation from the best lawyer in Harrisburg… The trial was, I think, aptly handled, but Bob’s goose was cooked when the jurors looked at [pictures of child pornography]. The kid didn’t seem to object, but that didn’t make any difference. I mean Bob simply had no defense. He was convicted.”
Richard Schlegel
OutHistory.org
“I think it demonstrates a history of him grooming young boys and being involved in pedophilia and sex acts throughout that, including ultimately helping to operate a magazine with young nudes and things like that.”
John DiSanto, AP News
After the interview was revealed, the Historical and Museum Commission made the decision to remove Schlegel’s marker.
- Burton, William, and Barry Loveland. Out in Central Pennsylvania : The History of an LGBTQ Community. The Pennsylvania State University Press, 2020. ↩︎
- “Homosexual Case Headed for Test in the Supreme Court.” The Kane Republican, 4 March 1970, p. 8. Newspapers.com, https://www.newspapers.com/image/52039818/ ↩︎
- “Homosexuals Rebuffed by High Court.” The Berwick Enterprise, 21 April 1970, p. 14. Newspapers.com, https://www.newspapers.com/image/817895382/. ↩︎
- Scolforo, Mark. “Pennsylvania Pulls Gay Pioneer’s Marker over 1993 Interview.” AP News, AP News, 10 June 2022, apnews.com/article/pennsylvania-harrisburg-government-and-politics-gay-rights-business-ef0fcd988f85e8a6fe7abe686f72423a.
↩︎ - “Richard Schlegel (1927-2006), Interviewed May 10-11, 1993 · Philadelphia LGBT History Project, 1940-1980, by Marc Stein · Outhistory.” Outhistory.Org, 2016, outhistory.org/exhibits/show/philadelphia-lgbt-interviews/int/richard-schlegel.
↩︎