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LGBT rights in Phinbella

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The illustration of the Yapreayan couple in Phinbellan media.
Status Legal, homosexuality decriminalised nationwide since 1729 AN, also legally for Yapreayans and in Federal directly-administered territories, especially in Negara Awan, in Straits Settlements, Phinbellan Maritime Territories and dependencies.
Illegal for Phineaners and Umraists. Criminalization proposed for Umraists.
Penalty No penality for other residents, also Yapreayans and his descendants, but Umraist citizens may be charged in Umraist court.
Gender identity Yapreayans and intersexs only
Military LGBT people allowed to serve openly.
Discrimination protections Sexual orientation discrimination prohibited in education, employment, and all other areas as enacted nationally; Gender identity discrimination prohibited in education. Several territorial governments in Phinbella have enacted anti-discrimination policies and provisions that include sexual orientation.
Family rights
Recognition of relationships Have legal recognition of same-sex relationships on any government level, includings Yapreayan couples are recognised in the Federal directly-administered territories (in Springwind Islands and Boninki Islands, also in Negara Awan) and dependencies, but there no legal recognition for Phineaners and Umraists.
Adoption Yes

Yapreayan community and lesbian, gay, bisexual and transgender people in Phinbella face legitimate challenges not experienced by non-Yapreayan and non-LGBT people. The Yapreayans are one of the ethnic groups in Phinbella consisting of mixed descent among gay immigrants and natives. A handful of males in Phinbella who are just socializing or friendly with same sex type or with the Yapreayan community was dubbed as the Geng Kunyit in Phineaner or Rudong Kunyit' in Gangwol Phineaner (Turmeric Gang in Common Tongue). Phinbellan national law was protect Yapreayan society (but not the transgender and non-Yapreayan lesbians) against discrimination and hate crimes, but the laws in the Phinbellan Maritime Territories and dependencies, as well as in Federal Special Capital Territory, Kōkai State and the Scattered Islands have provided protection to the Yapreayan community and Yaoi fans known to Fujo and Fudan. The Yapreayan community is categorized as a lower-class community along with the Greenlandic Martian, Xenovian, Gogobugian and Springwind Islander communities, and the community is located in several lower-class settlements in Rintis Island, San Furansōkyō, Cyborges, Springwind Islands, Boninki Islands and Phinéas Padolski, as well as some in Cyberaya, Kota Hilir and Danville, where each of those settlements has several gay villages.

Homosexual activity is legal nationally and also in nationally the Phinbellan Maritime Territories and in Phinbellan dependencies (Tanah Tōnán'hyôrï, Oystra Stoorskerið, Permata Mutiara and Ross Dependency), however is banned and illegal for the Phineaners and Umraist community in Phinbella including among the upper class communities such as Phineaners and Taesongean Umraists even though some live in lower class settlements, it is because sodomy is a crime in some territories of the country. Laws that protect Yapreayans, their descendants mixed with other ethnicities, and Yaoi or Yuri fans are only subject to regional laws.

Yapreayan males have interesting and distinctive biological traits that will occur in adulthood. The Yapreayan male is divided into three groups namely Alpha, Beta and Omega, Alpha or Beta male can be a couple of love with Omega male to to continue their descent where the Omega is a group of male who can be pregnant and give birth. However, the Yapreayan and Omega descendants can be mixed with other ethnicities such as in Kōkai State which can be mixed with Natlanese and Gur'latanese or so on. Meanwhile in the Scattered Islands, the Scattered Islands Creoles have a population of mixed descendants of Yapreayan with other ethnicities. The genres of yaoi and bara are well known in the Yapreayan community in both Phinbellan-made (or Yapreayan-made) dramas and animations, it is included once with the male pregnancy scene. However, Yapreayan-made dramas and anime can only be shown late at night at broadcast stations in Yapreayan settlements.

In RP 2619, the federal government proposes a constitutional amendment proposal, one of the proposals is related to the fate of the Yapreayan community especially when given legal protection, usually in the Free area of the Federation (except in federal directly-administered territories and dependencies), fellow couples types other than Yapreayans are certainly not afforded the same protection as they are afforded to non-Yapreayan families of the opposite sex. In the past, several territorial supreme courts have ruled that not recognizing same-sex marriage is unconstitutional, while others have ruled that it is not. In January RP 2619, the Supreme Court of Negara Awan ruled that the absence of a same-sex marriage law was unconstitutional but did not violate the Federal Constitution, although the court's decision did not have immediate legal effect. Most recently, the Phinbella Federal Legislative Assembly will propose to recognize same-sex sexual activities, anti-discrimination and same-sex marriage in special administrative territories. Finally on 22.VII.1729 AN, during the leadership of Yvar Onigawa Worthyngton, same-sex sexual activities between men and women were legal, following the repeal of the anti-LGBT law and a new law introduced last 18.VII. Same-sex couples can adopt a child together on the same day. Discrimination based on sexual orientation, gender identity and gender characteristics in education has been banned throughout the country, only LGBT education is not allowed to be taught to Phineaners and Umraists and minorities (except Eurphinonesians, Creoles and Yapreyans) in schools.

After separating from the Order of the Holy Lakes in 1757 AN, this rule was reintroduced but there would be changes due to integration into the Hurmu region. LGBTQI laws in the Order of the Holy Lakes were no longer in place after the split, but various improvements were made at the provincial level for the survival of this group. In Phinbella, LGBTQI tourists are still allowed to enter the country even after the split, they and also the local Yapreayans can be protected without any harassment from extremists.

Terminology

The modern terms for the Yapreayan people in Phinbella mostly have a strong influence from the Sangunese language, and from there the terms were incorporated into the Yapreayan language itself. And some modern terms have Taesongean influence, but they are not official terms, but some Yapreayan accents used in federal directly-administered territories and dependencies have Taesongean influence.

Legality of same-sex sexual activity

Homosexuality is part of Yapreayan culture as well as that of the Springwind Islander, Tōnán'hyôrïan, Kōkainese Hāfu and Scattered Islander community of Yapreayan ancestry, and it is only legal in Yapreayan settlements and lower classes. However, it is illegal and a crime for Phineaners and non-Yapreayan Umraists, especially in several territories of the states of the Free area of the Federation, also a crime for Phineaner Taemhwanians in Oriental Hispanioéire Taemhwan, it is already enshrined in Phinbellan law, the Yapreayan, Eurphineonesian (including Springwind Islander and Tōnán'hyôrïan communities) and Creoles of Yapreayan ancestries where it is exempt from the law. Although some of the religions practiced by the Yapreayan community and its descendants have clear prohibitions on homosexuality, there are also Yapreayans who adhere to the traditional Sangunese religion, Shinto and in the imported religion of Karmaism (see "Karmaism and sexual orientation") where their religion does not have a clear prohibition against their culture. Phinbella maintains the ban on sodomy (including oral sex involving the penis) for Phineaners and non-Yapreayans Umraists, which was enacted during the time of the provisional government. It is broadly defined to include both heterosexual and homosexual acts, with possible punishments including fines, caning, and imprisonment for up to forty or fifty years. The Phinbellan Penal Code subsection also provides for additional penalties for non-Yapreayan males (except Springwind Islander and Tōnán'hyôrïan) convicted of "indecent behavior with another male", but it was abolished on 22.VII.1729 AN. In addition to secular law, Umraist citizens can also be prosecuted in special sharia courts.

Phinbella does not have a clear law against homosexuality as a whole at the national level, and only some groups are given legal protection and some are given legal action. Therefore, private, consensual and non-commercial sexual activity between them of the same sex is legal nationally and in Phinbellan federal directly-administered territories and dependencies, and also in special administrative territories, it is illegal in the unknown territories according to regional-level laws.

Constitutional rights

Recognition of same-sex relationships

There are several provisions in the Constitution of Phinbella which stipulate that "Marriage shall be based on the mutual consent of both sexes and shall be maintained through mutual cooperation with the equal rights of husband and wife as the basis." which provisions apply to the Phineaners and Umraists, several provisions in the Phinbellan Sharia Code limit marriage to heterosexual couples, meaning that same-sex relationships are not permitted in Phineaner customs and Umraism law. Meanwhile for the non-Umraists minorities and Yapreayans, same-sex relationships are permitted according to several provisions in the Phinbellan Civil Code, however, Yapreayan same-sex couples are officially recognized without the bond of marriage, unless the omega man pregnant with an illegitimate child, despite being granted the rights derived from marriage. Same-sex couples where one of them was Yapreayan omega are also officially recognized, today, gay men only obtain offspring from their Yapreayan omega partners. Additionally, same-sex marriages performed abroad are not legally recognized in Phinbella as they are already recognized from the beginning of the relationship, but dual-national same-sex couples can obtain visas for foreign partners based on their relationship, the Ministry of Justice has a general rule to grant discretionary "designated activity" visas to same-sex married couples. In Phinbella, same-sex marriage is only recognized at the regional level but not at the national level.

In December RP 2618, Phinbella began allowing Phinbellans, whether non-Umraists minorities or of Yapreayan descent, to marry same-sex couples in states or territories within Phinbella that allow same-sex marriage, as well as any other country that does. The Ministry of Justice has directed local authorities to issue a vital certificate, stating that a person is single and of legal age, to individuals wishing to enter into same-sex marriage in areas that legally allow it.

In Kōkai State, same-sex marriage has been legal under the state's constitution, which has allowed it since the -10BPs. After joining Phinbella during her time in the Order of the Holy Lakes, the right to same-sex marriage continued.

During the Scattered Islands' time under Taemhwanian administration, the islands decided to allow the recognition of same-sex couples without marriage.

Parenting

Yapreayans and half-Yapreayans

Yapreayan men, including their descendants, have a very interesting and distinctive biology, consisting of three main dominances, namely Alpha, Beta and Omega. The beta males are the majority in the Yapreayan hierarchical system, the alpha males are the dominant group in all respects with a percentage between 25 and 40 percent, while the omega males are the minority group of Yapreayan who are the maternal group, with an estimated 10 to 20 percent Yapreayan, it is the smallest group in number and is said to be difficult to find.

The most common Yapreayan couples are beta-omega male couples, because beta males are the group who often accompany their omega partners when their partners are pregnant with a baby from their relationship. Apart from that, there are also Yapreayan couples who are alpha-omega males, which they often attract attention. In fact, the beta-omega male couple is the one that gets the most attention compared to the alpha-omega couple. Most beta-omega Yapreayan couples are concentrated in the federal directly-administered territories as well as in Kota Hilir, Tanah Tōnán'hyôrï, Kōkai State and Nod-Krai. Meanwhile, alpha-omega Yapreayan couples are mostly concentrated in Oriental Taemhwan, as well as in the Scattered Islands and the Tri-State Area.

Since the late -10BPs and early RP 2600s, there has been a wave of Yapreayan couples consisting of beta-omega couples, and a total of 240 beta-omega couples successfully had children in RP 2600. The wave of beta-omega couples is increasing compared to alpha-omega couples, and alpha-beta couples. And recently, a total of 3,410 babies born as a result of beta-omega relationships were recorded in RP 2600, and a total of 4,821,650 more babies were recorded in RP 2620, most babies born from relationships between beta and omega are illegitimate children (born out of wedlock) but have been given full rights and protection by the federal and regional government as Phinbellan citizens and residents of a territory or state. Therefore, in 1746 AN, the "Illegitimate Child Protection Bill" was introduced in Phinbella to curb the problem of abandonment of illegitimate children, whether from Phineaner women or Yapreayan alpha-omega couples.

Non-Yapreayan gays, alpha-beta and duo-beta couples

Unlike Yapreayan, non-Yapreayan gay couples do not have the same biological capabilities as Yapreayan in general, however they are generally allowed to legally adopt children in any state in Phinbella that allows it according to regionally introduced laws. Meanwhile, lesbian couples and single women cannot access IVF and artificial insemination.

In 1755 AN, Kōkai State officially recognized non-Yapreayan same-sex couples as adoptive parents, making it the first state to recognize the matter.

Adoption is also practiced by Yapreayan people who are alpha-beta and duo-beta couples, as it can be distinguished from beta-omega and alpha-omega couples.

Military service

Transgender rights

Legal documents

Military service

Access to healthcare

Discrimination protections

The Phineaner and Umraist communities are not only accepting of minorities, but are also more aware of what is happening to the Yapreayan ethnic group and other gay minorities. Since Umraism rejects discrimination and chooses to admonish its believers who commit this act (if the perpetrator of same-sex relations is its believers, and not a Yapreayan or non-Umraist minority), and considers Yapreayan behavior to be a personal right, discrimination against Yapreayan and gay minorities based on sexual orientation, gender identity and other gender-related characteristics was banned by the Phinbellan law in RP 2618.

Phineaner and Umraist students who study the language and culture in Yapreayan vernacular schools often encounter Yapreayan students without fear. And government schools, whether SK, SMK and STK (and their counterparts in other divisions) as well as private schools also accept students from among the Yapreayan. Since the national education policy prevents bullying problems in schools, matters related to discrimination based on sexual orientation, gender identity and other gender-related characteristics in education have been banned and included in the Anti-Bullying Act, classified as bullying. Specifically, schools or students who discriminate against students because of their sexual orientation or gender identity, in terms of admission, teaching, assessment, etc., can be fined 80,000 florins. In 1734 AN, a new clause on sexual bullying was added to the Act. Schools are required to prevent and report bullying directed at a person's sexual orientation or gender identity.

Discrimination against personal rights, especially against Yapreayans, was also not permitted in law but did not occur at the national level until 1729 AN. In 1742 AN, the House of Majilis of the Parliament of Phinbella passed amendments to two employment laws prohibiting discrimination based on sexual orientation in the workplace.

In September RP 2617, the then Ministry of Education announced that, starting in RP 2618, school curricula and textbooks that include the Yapreayan community (as well as Yapreayan biology and reproduction in science textbooks) would be introduced in form three/grade two/eight of secondary schools to form two/grade three/twelve of high schools, and it would include topics on Yapreayan personal rights and non-discrimination in moral education. Meanwhile, the Minister of Education at the time said that education regarding Yapreayan was not allowed to be taught to students from form one/grade one of primary school to form two/grade one/seven of secondary school, and also to Phineaner and Umraist students at all levels to protect minors in schools. Phineaner and Umraist students were separated for Umraism Education and Umraism Science education and non-Umraist and Yapreayan students for moral education and conventional science education.

Freedom of expression and censorship

Conversion therapy

Living conditions and Yapreayan life in Phinbella

Homosexuality remains a taboo for the Phineaner community and Umraist minorities as a strict prohibition against those who practice it, however, they as the majority of the population in Phinbella are not openly hostile towards the Yapreayan community, even the non-Umraist gays. The lives of the Yapreayan community are better and peaceful as before. In the recent RP 2620s, most Umraists have become 'straight allies' because they have an interest in or contribute to fandoms related to Yapreayan and its biological uniqueness. Most of their work is about beta-omega couples as opposed to alpha-omega couples. Since then, there have been Umraists who have been friendly with Yapreayan but at the same time have been intolerant and uncompromising towards sodomites among Umraists themselves.

Media

Phinbella is a constituent country in the Phineonesian Confederation that has the largest number of fandoms related to Yaoi and the Omegaverse (the Yapreayan unique biology). It is the largest importer of Yaoi anime, manga and fancomics, and is also the largest producer of Yaoi anime, dramas and novels, but it is limited to fans regardless of religion and also the Yapreayan audience or readership itself. Yaoi-themed anime or dramas (sometimes Omegaverse-themed) are often broadcast on television stations in Phinbella, whether UHF national or regional channels, every late night. There are also artists who are straight ally Umraists who have also contributed to the publication of Yaoi novels, manga and anime. As of 1757 AN, it has been recorded that 82.4 percent of Yaoi fandoms are found in Phinbella, of which the majority are female fans and have a minority of male fans. In addition, there are Yaoi fans who are Umraist but their number is small compared to non-Umraist fans. In Phinbella, especially in several bookstores in shopping malls, there are manga and fancomic books with Yaoi and Omegaverse elements that are increasingly popular.

Yaoi, also known as BL, is much more popular than Yuri (a genre of female romance), considering that the lesbian community in Phinbella is small (compared to the largest in Desaremix) and is often not highlighted in the media compared to Yapreayan and the non-Umraist gay minority, the Yuri fandom is becoming less well-known and unpopular.

Apart from that, in the music industry including PP-pop and Kéijō-pop, there are also artists or idols who are Yapreayan or of Yapreayan descent.

Pride parades

Positions of religious faiths

Public opinion

Summary table (as 1757)

Issue National Territories of the states of
the Free area of the Federation
Special administrative territories Federal directly-administered
territories
Dependencies
Phin. Umr. Min. Yap. Kōkai Scattered Islands Spitsbergen State Kota Hilir Territory Tri-State Area Tanah Baharu Oriental Taemhwan Tanah Tōnán'hyôrï Oystra Stoorskerið Permata Mutiara
Same-sex sexual activity legal Yes No No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
Equal age of consent Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Anti-discrimination laws in employment Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes No
Anti-discrimination laws in education Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Anti-discrimination laws in the provision of goods and services Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes No
LGBT sex education and relationships taught in schools No/Yes No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Hate crime law includes sexual orientation and gender identity Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Same-sex civil unions Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Same-sex marriage No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Recognition of same-sex couples Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes
Stepchild adoption by same-sex couples Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Joint adoption by same-sex couples Yes No Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes
Adoption by single people regardless of sexual orientation Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Gays allowed to serve in the military Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes
Transgender people allowed to serve openly in the military No No No No Yes No No No No No No No No No
Right to change legal gender Yes Yes (for Intersex) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Third gender option No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Intersex minors protected from invasive surgical procedures Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Conversion therapy banned by law Yes No No Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Freedom of expression Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Homosexuality declassified as an illness Yes No No Yes Yes Yes Yes Yes Yes Yes No No/Yes Yes No
Access to IVF for lesbian couples No No No No No No No No No No No No No No
Automatic parenthood for both spouses after birth Yes No No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Commercial surrogacy for gay male couples Yes No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
MSMs allowed to donate blood No No No No No No No No No No No No No No

See also