Judge Richard Posner slammed the original ruling, saying that the immigration judge didn't understand bisexuality, but was overruled. (Getty Images)

Judge Richard Posner slammed the original ruling, saying that the immigration judge didn't understand bisexuality, but was overruled. (Getty Images) Source: Getty Images

An immigration judge ruled that because Ray Fuller is married to a woman and has fathered children, he is not bisexual, and therefore not in danger of being subjected to homophobic attacks.

A 51-year-old Jamaican asylum seeker will be deported from the United States following a court ruling that says he cannot be bisexual because he's married to a woman.

Appealing the ruling, Ray Fuller testified at the Seventh Circuit Court of Appeals that he has been subject to homophobic slurs, attacked with a knife, stoned, robbed at gunpoint, shot twice and disowned by his family as a result of his sexuality, reports PinkNews.

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Despite Fuller highlighting that he has been in relationships with men and women in the past, the judge in the original case ruled that he is not bisexual, and therefore not in danger of being subjected to homophobic attacks.

The three-judge panel voted 2-to-1 to uphold the judge's original ruling, citing inconsistencies in Fuller's case and the fact that none of his male partners would testify on his behalf. The inconsistencies mentioned included Fuller confusing the names and number of sisters he has, as well as mixing up his mother and one of his sister's names.

Judge Richard Posner, who voted against the immigration judge's original ruling, said that these inconsistencies were irrelevant, writing: "What this has to do with his sexual proclivities eludes me."

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Posner also pointed out the absurdity of the original ruling, noting: “if [Fuller] failed in his effort to remain he would be in grave danger of persecution when having lost his case he was shipped off to Jamaica. No doubt once back in Jamaica he could deny being bisexual—but no one who was either familiar with this litigation, or had been one of his persecutors before he left Jamaica for the United States, would believe (or at least admit to believing) his denial.”

"Apparently, the immigration judge does not know the meaning of bisexual," Posner concluded, adding: "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.”

Fuller will be deported within the next few days.