Abstract: The authors discuss the escalation of persecution regarding the protection of gays and refugees with respect to the article written by Josan Pobjoy and James C. Hathaway. They are critical of the ideas of Hathaway and Pobjoy on the false analyzing by the courts of Great Britain, New Zealand and Australia on the refugee status of the LGBT people. Information on the jurisprudence by the courts of the U.S. on the issue of sexual orientation is also presented.