Does sexual fluidity challenge sexual binaries? The case of bisexual immigrants from 1967–2012

Abstract

Sexual binaries are persistent in society. Scholars argue that bisexuality, marked by sexual fluidity, complicates the reproduction of the hetero/homo divide. This article draws on archival data from multiple sources on bisexual immigrants from 1967 to 2012 to empirically test if sexual fluidity disrupts sexual binaries within the context of immigration. My findings show that instead of challenging entrenched sexual binaries, sexual fluidity helps in maintaining those boundaries. Through the process of legally coupling bisexuality with homosexuality, the exclusionary policy that denied admission to immigrants with same-sex attraction was extended to bisexuals until its repeal in 1990. However when refugee protection was expanded to include sexual minorities after 1994, bisexuality and homosexuality were decoupled, consequently denying asylum protection to bisexuals. From the standpoint of immigration policies, bisexuals are paradoxically 'kinda' gay but just not gay enough.

Legally Queer: The Construction of Sexuality in LGBQ Asylum Claims

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