#nancy marcus

Jamaica is widely recognized as one of the most homophobic countries on Earth; same-sex intimacy remains criminalized, and anti-gay hate crimes are stunningly common. Yet the immigration judge inexplicably held that bisexual people are not persecuted in Jamaica.~Mark Joseph Stern,Slate

Immigration and Seventh Circuit Judges Reject Bisexual Man’s Request for Protection; Here’s Why They Were Wrong

TheSeventh Circuit US Court of Appeals this week denied a petition from a Jamaican immigrant, 51-year-old Ray Fuller, for relief from an order sending him back to Jamaica where he feared being persecuted and tortured due to his bisexuality.  Fuller’s fear of persecution was not theoretical; he provided evidence of having been the victim of violent harassment in Jamaica because of his sexual orientation…

In denying his petition for relief, the immigration judge not only expressed skepticism that bisexuals are persecuted in Jamaica, but also concluded that Fuller is not really bisexual, largely because of his relationships with women … In a scathing dissent, Judge Posner criticized the Fuller v. Lynch majority opinion, the effect of which is to perpetuate harmful misconceptions about bisexuals and the dangers they face… 

1. First, the immigration judge’s conclusion that bisexuals do not face persecution in Jamaica is disturbingly ill-informed.
   
2. Second, the singling out of bisexuality for additional skepticism reveals a profound lack of understanding about bisexuality.
   
3. As Judge Posner aptly concluded in his dissent, the Seventh Circuit decision places Fuller in peril. 

The author of this articleNancy MarcusisLambda Legal’s Law & Policy Project Senior Staff Attorney.  Ms. Marcus is also an active member of BiLaw a group of bisexual-identified and bi-allied attorneys, academics, and law students.