Continued discrimination?

Gays Excluded From Auschwitz Commemoration

The only victims not remembered — or invited.
By Tomek Kitlinski

WARSAW, Holocaust survivors and world leaders held a ceremony last week in Poland to mark the sixtieth anniversary of the liberation of the Auschwitz Nazi death camp by the Red Army. Gay victims were the only ones not remembered, and gay groups the only ones not invited.

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I've always wondered what the difference is between persecution and prosecution when both assume a sort of criminality?