On December 2, 2014, the Court of Justice of the European Union (the Court) issued [3] an advisory opinion clarifying guidelines for national authorities when determining whether an asylum seeker who claims persecution for homosexuality is indeed homosexual.  According to the press release [4], the national authorities must take individual circumstances into account and may not assess individuals “on the basis solely of stereotyped notions associated with homosexuals.”  The Court decided that physical tests to determine homosexuality do “not necessarily have probative value [and] such evidence would of its nature infringe human dignity, the respect of which is guaranteed by the [Charter of Fundamental Rights of the European Union [5]],” and that an applicant’s initial reluctance to identify his or herself as homosexual does not indicate “a lack of credibility.”  The Court stressed that any assessment “must be consistent with the EU law and, in particular, the fundamental rights guaranteed by the Charter, such as the right to respect for human dignity and the right to respect for private and family life.”