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LGBT rights in Phinbella: Difference between revisions

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Revision as of 10:38, 14 February 2024

Status Proposed to be legal nationwide.
Illegal in most areas in the free area of the Federation, but legally for Yapreayans and in Federal directly-administered territories, especially in Negara Awan, in Straits Settlements, Phinbellan Maritime Territories and dependencies. Criminalization proposed for Umraists.
Penalty Umraist citizens may be charged in Umraist court. No penality for other residents, also Yapreayans and his descendants.
Gender identity Yapreayans and intersexs only
Military Allowed in Free area of the Federation, Phinbellan Maritime Territories and dependencies
Discrimination protections Several territorial governments in Phinbella have enacted anti-discrimination policies and provisions that include sexual orientation, although not nationally, Yes in Phinbellan Maritime Territories and dependencies.
Family rights
Recognition of relationships No legal recognition of same-sex relationships on any government level, except Yapreayan couples are recognised in the Federal directly-administered territories (in Springwind Islands and Boninki Islands, also in Negara Awan) and dependencies
Adoption No

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, it is known as the gayest ethnic tribe in Phinbella. A handful of boys 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 does not protect Yapreayan society against discrimination and hate crimes, but the laws in the Phinbellan Maritime Territories and dependencies, as well as in Federal Special Capital Territory 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 banned and illegal in several territories in the free area of the Federation level and for the 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, but not in the Phinbellan Maritime Territories and in Phinbellan dependencies (Tanah Tōnán'hyôrï, Oystra Stoorskerið, Permata Mutiara and Ross Dependency).

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. 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.

So far, there is still no full recognition at the national level, but there is some recognition of the group in some regions. 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.

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 and Tōnán'hyôrïan communities of Yapreayan ancestry, and it is only legal in Yapreayan settlements and lower classes. However, it is illegal and a crime for non-Yapreayans and Umraists, especially in the 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, Springwind Islander and Tōnán'hyôrïan communities 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 non-Yapreayans, 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". 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 teenagers and adults of the same sex is legal in Phinbellan federal directly-administered territories and dependencies, especially in the settlement of Yapreayan, and also in Oriental Hispanioéire Taemhwan, it is illegal in the Free area of the Federation. The age of consent is 14 years old for homosexual acts among Yapreayans and their descendants, there is no age of consent for non-Yapreayans.

Constitutional rights

Recognition of same-sex relationships

Military service

Transgender rights

Legal documents

Military service

Access to healthcare

Discrimination protections

Territories of the states of the Free area of the Federation

Special administrative territories

Phinbellan federal directly-administered territories and dependencies

Oriental Taemhwan and Niuē i Taman Lawang

Freedom of expression and censorship

Conversion therapy

Living conditions and Yapreayan life in divisions of Phinbella

Media

Pride parades

Positions of religious faiths

Public opinion

Summary table

Issue National Territories of the states of
the Free area of the Federation
Special administrative territories,
especially Yapreayans
Federal directly-administered
territories
Dependencies
Phineaners and Umraists Minorities Yapreayans Kota Hilir Tri-State Area Tanah Baharu Oriental Taemhwan Tanah Tōnán'hyôrï Oystra Stoorskerið
Same-sex sexual activity legal No Yes Yes Yes Yes Yes Yes
Equal age of consent No Yes at age 16 Yes at age 14 Yes at age 16 Yes at age 14 Yes at age 14 Yes at age 18
Anti-discrimination laws in employment Yes Yes Yes No Yes Yes No
Anti-discrimination laws in education Yes Yes Yes Yes Yes Yes No
Anti-discrimination laws in the provision of goods and services Yes Yes Yes No Yes Yes No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes Yes Yes No Yes Yes No
Same-sex marriage No No Yes No Yes Yes No
Recognition of same-sex couples No Yes Yes No Yes Yes Yes
Stepchild adoption by same-sex couples No Yes Yes Yes Yes Yes Yes
Joint adoption by same-sex couples No Yes Yes No Yes Yes Yes
Adoption by single people regardless of sexual orientation Yes Yes Yes Yes Yes Yes Yes
Gays allowed to serve in the military Yes Yes Yes No Yes Yes Yes
Transgender people allowed to serve openly in the military No No No No No No No
Right to change legal gender Yes (for Intersex) Yes (for Intersex) Yes (for Intersex) No Yes (for Intersex) Yes (for Intersex) Yes (for Intersex)
Third gender option No Yes Yes Yes Yes Yes No
Intersex minors protected from invasive surgical procedures Yes Yes Yes Yes Yes Yes Yes
Conversion therapy banned by law No No Yes No Yes Yes No
Freedom of expression No Yes Yes Yes Yes Yes Yes
Homosexuality declassified as an illness No No Yes No No (for Muslims)/Yes Yes No
Access to IVF for lesbian couples No No No No No No No
Automatic parenthood for both spouses after birth No No Yes No Yes Yes Yes
Commercial surrogacy for gay male couples No No Yes Yes Yes Yes Yes
MSMs allowed to donate blood No No No No No No No

See also