Choi, ‘Living Discreetly’, 2010

Seventy six countries around the world criminalize homosexuality, maintaining severe punishments for consensual sexual activity be- tween adults of the same sex. Of these countries, five still punish homosexual acts with the death penalty. Other countries have “morality laws” against “anti-social” or “immoral” behavior, “causing a public scandal,” etc., that are used by the police to persecute gay, lesbian, bisexual, and transgender individuals. Such laws enable law enforcement officials to invade private residences of individuals suspected of engaging in same sex activity; these morality laws can result in exemption from punishment for arbitrary arrests made by law enforcement on the basis of allegations and rumors with few, if any, consequences for mistreatment. Even when such laws are not implemented or enforced, they influence societal attitudes, constructing a social stigma that often legitimizes violence and abuse against people who identify as lesbian, gay, bisexual, transgender (“LGBT”), or anyone who engages in homosexual conduct. In fact, laws of this nature often encourage state and private actors to engage in violence against sexual minorities and enable impunity for such actions. Thus, escaping from their country of origin and seeking asylum may be the only option for victims facing these kinds of situations.