Making a Legal Case for Bisexuality

Bisexuality is widely misunderstood. Bisexuals are often dismissed or used as a punchline by the straight community and sidelined in conversations about LGBT rights and equality, often while experiencing many of the same struggles and setbacks as the rest of the queer community.

And for some–like Ray Fuller, a Jamaican citizen who was denied asylum in the United States last week–ignorance about what it means to be bisexual can have terrible consequences.

As reported by Slate, Fuller testified that he had relationships with both men and women throughout his life, and requested asylum in the United States after being subjected to homophobic abuse and violence in his native Jamaica, including:

• Being attacked for having sex with men
• Being shot by an anti-gay mob while attending a pro-gay party
• Being disowned by his family based on his sexual orientation

Despite these facts, an immigration judge refused Fuller asylum, claiming that he was not truly bisexual because he was once married to a woman. According to this judge, the 51-year-old asylum-seeker was lying about his sexuality, and also falsely presenting his background. Fuller appealed, but a three-judge panel voted 2-1 to uphold the lower court’s ruling.

Misunderstanding Bisexuality

The single dissenting opinion on the U.S. Court of Appeals panel was written by Judge Richard Posner, who has a history of advocating for LGBT rights and equal protections. He was unrestrained in noting the lower judge’s ignorance and biphobia:

“Apparently the immigration judge does not know the meaning of bisexual. The fact that he refused even to believe there is hostility to bisexuals in Jamaica suggests a closed mind and gravely undermines his critical finding that Fuller is not bisexual.”

Because of the judge’s misinformed and harmful ideas about bisexuality, Ray Fuller will be deported back to a country known for its homophobic laws and culture; worse, his sexual history will be widely known by the public, which will potentially invite more violence and discrimination.

Fuller’s case illustrates a continued struggle for legitimacy and acceptance for bisexual individuals and demonstrates that further education is needed to guarantee that bisexuals are afforded the same legal protections as their gay and lesbian counterparts. This judgment is a setback for the bisexual community as a whole, and shows that bisexual erasure and biphobia are real issues that can have enormous consequences.