LGBT rights in Sanama

Lesbian, gay, bisexual, and transgender rights are evolving under Sanaman administration. The country inherited an outdated and discriminatory system of laws from Shireroth and is continuously working to modernise and liberalise these laws. The Sanaman form of government also contributes to a somewhat fractured legal situation for LGBT people. Basic rights are guaranteed by the federal constitution. Other rights are legislated on the provincial level. While the Sanaman culture is largely tolerant and accomodating toward LGBT people, the Cisamarrese are somewhat more conservative while the Istvanistani are most conservative. The Sanaman tolerance is grounded in the Somanes religion and influenced by a strong social taboo against publicly discussing the private affairs of other people.

LGBTQ rights under the Fourth Republic

The situation for sexual and gender minorities under the Fourth Republic has worsened under the center-right government of Qukalsim Kito Paliso. The Agrarian League, being socially conservative, have rolled back several gains for the community. In 1729 the government under Toti Lampa passed several LGBTQ rights acts, bringing Sanama in line with most Xäiville Convention nations.

Issue	Rules
Same-sex sexual activity legal		Same regulation as for different-sex sexual activity.
Equal age of consent		16, same as for different-sex sexual activity.
Non-conforming gender expression legal		Protected as a matter of personal liberty and in legislation since 1724.
Anti-discrimination laws in employment		Guaranteed by law.
Anti-discrimination laws in the provision of goods and services		Legislation in 1724 put in place protections for same-sex couples. The Paliso government had implemented religious exemptions for several services, allowing for example creative business owners to refuse service to same-sex couples.
Conversion therapy illegal		Conversion therapy banned in 1724, both in secular and religious settings.
Hate crimes laws covering both sexual orientation and gender identity		For the first time in Sanaman history, the Lampa government in 1724 instituted laws for explicit protection for non-conforming gender expression and sentencing enhancements for hate crimes involving gender identity, gender expression and sexual orientation.
Recognition of same-sex couples		Same-sex couples are recognised as a matter of reality.
Same-sex civil unions		Civil unions for both different-sex and same-sex couples through cohabitation instituted in 1724. The legislation also created a commission to investigate the ramifications of same-sex marriage.
Same-sex marriage		In 1729 the government of Sanama codified a gender neutral marriage act. There had been times previously when same-sex marriage had been technically legal in several provinces, but with various levels of actual enforcement and often with arbitrary discrimination. The new act makes it a criminal act to refuse to register a marriage that has been entered into in accordance with law.
Gay pride activities protected		Protected under the rights of free expression and assembly.
Joint and step-child adoption by same-sex couples		In 1729 the legislature approved an act to allow adoption by same-sex couples.
LGBTQ people allowed to serve openly in the military		Sexual orientation and gender identity is considered a personal matter in the military. Personnel evaluated based on ability to effectively serve in their role.
Access to IVF for lesbians		In 1729 the legislature approved an act to allow IVF assistance for all-female couples.
MSMs allowed to donate blood		Blood is always tested, no consideration of sexual history is made.
Right to change legal gender		In 1729 the legislature codified a right to change legal gender, following an administrative procedure.
Gender confirming surgery legal		Considered a medical treatment.
Third gender		In 1729 the legislature approved an act to make a third gender available.
Surrogacy legal		Commercial surrogacy explicitly banned in 1729.

LGBTQ rights under the Third Republic

LGBT rights in federal law

The Federal constitution of Sanama guarantees certain rights for LGBT people.

Since most civil law legislation is made on the provincial level, additional rights vary from province to province. It is generally viewed that the federal constitution guarantees certain specific rights on the grounds of non-discrimination, while others are a purely provincial matter. However, since the Second Republic constitution is still new, no case regarding what rights the federal constitution guarantee has yet made it to the Federal Supreme Court.

People at large hold varying views on what rights LGBT people should have. While a large majority support recognition of same-sex couples and cohabitation, only a slim majority support same-sex marriage. Due to same-sex marriage being legal in several provinces, it is common for gay couples living in provinces where it is not legal to travel to get married. The Sanaman federal system guarantees that legal acts issued in one province are recognised by all other provinces. This is driving harmonisation efforts in some areas, while more conservative provinces are resisting change. In the territories, same-sex couples and cohabitation is recognised, but same-sex marriage is not performed. Same-sex marriages performed in the provinces where it is legal are recognised though.

LGBTQ rights per federal subject

Overview in 1685

Issue
Same-sex sexual activity legal
Gender expression
Age of consent	16	15	16	16	15	16	15	16	17	16	16	16
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Conversion therapy legal
Anti-discrimination laws in other areas (including indirect discrimination, hate speech)
Same-sex unions
Same-sex marriage
Same-sex couple adoption
LGBTQ people in the military
Right to change legal gender
In vitro fertilisation for lesbians
MSMs as blood donors
Third legal gender
Surrogacy

Most people fall under provincial or territorial jurisdiction. While the federal government can void legislation passed by the territories, an informal agreement within the federal government prohibits interfering with the organised territories (the FCT and Highpass). Federal law applies to people serving in the military, people living on federal property, people residing in the SAT, and Western Shimmerspring.

Summary table

Under the First Republic

Issue	Federal	Cantonal
Same-sex sexual activity	Guaranteed by non-discrimination article.
Equal age of consent	16, guaranteed by non-discrimination article.
Anti-discrimination laws in employment	Guaranteed by non-discrimination article.
Anti-discrimination laws in all other areas	Guaranteed by non-discrimination article.
Hate crimes laws covering both sexual orientation and gender identity	Federal efforts to criminalise hate speech. Federal government is threatening to invoke the "nuclear option", i.e. force federal legislation.	Varies by canton.
Recognition of same-sex couples	Guaranteed by non-discrimination article.
Same-sex marriage	Note	Varies by canton.
Adoption by same-sex couples		Varies by canton.
LGBT allowed to serve in the military	Guaranteed by non-discrimination article.	Service in cantonal Home Guard units guaranteed by non-discrimination article in federal constitution.
Right to change legal gender		Varies by canton.
Access to IVF for lesbians		Varies by canton.
MSMs allowed to donate blood		Varies by canton.