John Singer v. U.S. Civil Service Commission

In August 1971, the Seattle office of the Equal Employment Opportunity Commission hired John Singer (plaintiff) as a typist. Singer disclosed during the hiring process that he identified as a homosexual. Pursuant to the Equal Employment Opportunity Commission’s policy, Singer had a one-year probationary period, during which time he could be terminated for subpar work performance or conduct that did not demonstrate fitness for government service. In May 1972, the United States Civil Service Commission (the service commission) (defendant) sent a letter to Singer informing him that his fitness to serve in government had been called into question. The service commission then interviewed Singer. At the interview, the service commission expressed concern that Singer had publicly flaunted his homosexual nature by kissing another man in public, attempted to obtain a marriage license, which resulted in publicity, and identified himself as a government employee while participating in multiple media interviews. In June, the service commission informed Singer that his employment had been terminated because his immoral and socially repugnant conduct had the potential to disrupt the government’s efficiency and cause a loss of public confidence in government. Singer appealed the service commission’s decision to the service commission’s hearing officer. The hearing officer rejected Singer’s appeal request. Singer then appealed to the service commission’s board of appeals. The board of appeals affirmed the service commission’s decision. Singer then appealed to the United States Court of Appeals for the Ninth Circuit. Singer argued that his due-process rights were violated because the service commission had failed to demonstrate a nexus between his activities and the government’s efficiency. Singer also claimed that his freedom of expression had been violated. The court considered the case.