Good news for the LGBT community member asylum seekers from Europe, meanwhile, in Northern Ireland, Brexit may help to accept the right of the same-sex couple to marry.
No "Gay test" for the refugees in the European Union
The Court of Justice in Luxembourg protected the rights of a Nigerian asylum seeker, who had to prove that he is gay, through tests. A Nigerian national applied for the refugee status in Szeged (Hungary) because of the fear of his safety as a homosexual man.
Being gay and any homosexual activity is strictly illegal in Nigeria and in some territories governed by the Sharia Law, members of the LGBT community are frequently sentenced to death by stoning.
However, the Hungarian immigration officials made him undergo psychological tests to prove his homosexuality. The exam included Rorschach ink-blot test and drawing. The psychologist appointed by the immigration authority determined after checking the results that the applicant was not gay and his claim was subsequently denied.
According to the ruling of the European Court of Justice, it is acceptable for the authorities to ask for an expert's opinion but it can't form the sole basis of the negative or positive decisions. On the other hand, the asylum seekers' civil rights and liberties must be respected during the entire legal process. The Hungarian Immigration Office must reconsider the case in the light of the ECJ's ruling. Moreover, the decision sets a precedent and must be supported by all European Union Member States, including the United Kingdom.
Gay marriage closer in Northern Ireland
In Northern Ireland, the law differs from the other parts of the United Kingdom, regarding the right of the LGBT community to marry. Meanwhile, same-sex couples can marry in Great Britain, Scotland and Wales, the Northern Irish gays do not have this right because of the prohibitive attitude and hard stance of the loyalist, conservative DUP (Democratic Unionist Party.) However, there are two developments, which may change the recent legislation.
First of all, the Government of the United Kingdom had to appoint a new Secretary of State, Karen Bradley and she is in favour of same-sex marriage. The power-sharing way of governing NI did not work well during the last months and the new Secretary of State has the final word on some serious issues. The other point is the Brexit. Yes, because the question of the open Irish border is one of the most important questions during the negotiations between the European Union and the United Kingdom. The border on the Irish island could stay open, and the trade could be 100% frictionless if the border would be moved to the sea between Britain and Ireland. However, the DUP does not accept this solution and wants to keep the UK's all legislation without any single difference. But gay marriage is legal in the United Kingdom, so it looks like as "cherry-picking", when Northern Ireland could choose which legislation to use.
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