Give Me Liberty or Give Me Death: Political Asylum and the Global Persecution of Lesbians and Gay Men

This article uses a hypothetical case of a lesbian asylum seeker to illustrate the unique barriers faced by sexual minorities in making refugee claims in the United States. The article begins by noting that, in spite of global developments, many lesbians and gay men continue to face extreme persecution, including electroshock therapy, police harassment and other penalties, because of their sexual orientation. The article examines the definition of a Convention refugee and reviews judicial interpretations and legal tests derived from asylum case law, to determine the criteria for making a successful claim based on the "particular social group" classification. It concludes by considering the refugee jurisprudence of other countries to determine the feasibility of establishing an international legal standard to recognize lesbians and gay men as a particular social group. [Descriptors: Migration - Refugees and Immigration, International - North America]