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LGBT rights in Sanama: Difference between revisions

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{{Sanama Article}}
{{Sanama Article}}
'''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 The country inherited an outdated and discriminatory system of laws from [[Shireroth]] and is continuously working to modernise and liberalise these laws.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.
'''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 The country inherited an outdated and discriminatory system of laws from [[Shireroth]] and is continuously working to modernise and liberalise these laws.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.
 
==LGBT rights in federal law==
== 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.
 
{| class="wikitable"
! Issue
! Rules
|-
| Same-sex sexual activity legal
| {{Template:Yes}}
| Same regulation as for different-sex sexual activity.
|-
| Equal age of consent
| {{Template:Yes}}
| 16, same as for different-sex sexual activity.
|-
| Non-conforming gender expression legal
| {{Template:Yes}}
| Protected as a matter of personal liberty.
|-
| Anti-discrimination laws in employment
| {{Template:Yes}}
| Guaranteed by law.
|-
| Anti-discrimination laws in the provision of goods and services
| {{Template:No}}
| The Paliso government has implemented religious exemptions for several services, allowing for example creative business owners to refuse service to same-sex couples.
|-
| Conversion therapy illegal
| {{Template:No}}
| No legislation against the provision of conversion therapy.
|-
| Hate crimes laws covering both sexual orientation and gender identity
| {{Template:No}}
| Neither the communalist government, the Orea government nor the Paliso government have implemented any hate crime laws.
|-
| Recognition of same-sex couples
| {{Template:Yes}}
| Same-sex couples are recognised as a matter of reality.
|-
| Same-sex civil unions
| {{Template:No}}
| Civil unions for same-sex couples not recognised. Popular support is growing.
|-
| Same-sex marriage
| {{Template:No}}
| No goverment has yet implemented legislation for same-sex marriage. Popular support is growing.
|-
| Gay pride activities protected
| {{Template:Yes}}
| Protected under the rights of free expression and assembly.
|-
| Joint and step-child adoption by same-sex couples
| {{Template:No}}
| Same-sex couples are not allowed to adopt children.
|-
| LGBTQ people allowed to serve openly in the military
| {{Template:Yes}}
| 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 {{Tooltip|IVF|In vitro fertilisation}} for lesbians
| {{Template:No}}
|
|-
| {{Tooltip|MSMs|Men who have had sex with men}} allowed to donate blood
| {{Template:Yes}}
| Blood is always tested, no consideration of sexual history is made.
|-
| Right to change legal gender
| {{Template:No}}
| No recognition of a right to change legal gender.
|-
| Gender confirming surgery legal
| {{Template:Yes}}
| Considered a medical treatment.
|-
| Third gender
| {{Template:No}}
| No legislation to allow a third gender.
|-
| Surrogacy legal
| {{Template:Yes}}
| No legislation to ban the procedure.
|}
 
== LGBTQ rights under the Third Republic ==
===LGBT rights in federal law===
The [[Federal constitution of Sanama]] guarantees certain rights for LGBT people.
The [[Federal constitution of Sanama]] guarantees certain rights for LGBT people.



Revision as of 18:07, 30 July 2023

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.

Issue Rules
Same-sex sexual activity legal Yes Same regulation as for different-sex sexual activity.
Equal age of consent Yes 16, same as for different-sex sexual activity.
Non-conforming gender expression legal Yes Protected as a matter of personal liberty.
Anti-discrimination laws in employment Yes Guaranteed by law.
Anti-discrimination laws in the provision of goods and services No The Paliso government has implemented religious exemptions for several services, allowing for example creative business owners to refuse service to same-sex couples.
Conversion therapy illegal No No legislation against the provision of conversion therapy.
Hate crimes laws covering both sexual orientation and gender identity No Neither the communalist government, the Orea government nor the Paliso government have implemented any hate crime laws.
Recognition of same-sex couples Yes Same-sex couples are recognised as a matter of reality.
Same-sex civil unions No Civil unions for same-sex couples not recognised. Popular support is growing.
Same-sex marriage No No goverment has yet implemented legislation for same-sex marriage. Popular support is growing.
Gay pride activities protected Yes Protected under the rights of free expression and assembly.
Joint and step-child adoption by same-sex couples No Same-sex couples are not allowed to adopt children.
LGBTQ people allowed to serve openly in the military Yes 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 No
MSMs allowed to donate blood Yes Blood is always tested, no consideration of sexual history is made.
Right to change legal gender No No recognition of a right to change legal gender.
Gender confirming surgery legal Yes Considered a medical treatment.
Third gender No No legislation to allow a third gender.
Surrogacy legal Yes No legislation to ban the procedure.

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 Central Sanilla Cisamarra Eastern Amarra Eastern Sanilla Fatehpur Sikri FCT Highpass Niyi Thanatos Western Amarra Western Sanilla Sanama
Same-sex sexual activity legal Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Gender expression Yes No Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Age of consent 16 15 16 16 15 16 15 16 17 16 16 16
Anti-discrimination laws in employment Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Anti-discrimination laws in the provision of goods and services Yes No Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Conversion therapy legal No Yes No No No No No No Yes No No No
Anti-discrimination laws in other areas (including indirect discrimination, hate speech) Yes No No Yes Yes Yes Yes Yes No Yes Yes Yes
Same-sex unions Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Same-sex marriage Yes No No Yes Yes Yes No Yes No Yes Yes Yes
Same-sex couple adoption Yes No No Yes Yes Yes No Yes No No Yes Yes
LGBTQ people in the military Yes
Right to change legal gender Yes No No Yes Yes Yes Yes Yes No Yes Yes Yes
In vitro fertilisation for lesbians Yes No Yes Yes Yes Yes Yes Yes No Yes Yes Yes
MSMs as blood donors Yes No No Yes No Yes No Yes No No Yes Yes
Third legal gender No No No No Yes Yes No Yes No No Yes Yes
Surrogacy Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

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 Yes Guaranteed by non-discrimination article.
Equal age of consent Yes 16, guaranteed by non-discrimination article.
Anti-discrimination laws in employment Yes Guaranteed by non-discrimination article.
Anti-discrimination laws in all other areas Yes Guaranteed by non-discrimination article.
Hate crimes laws covering both sexual orientation and gender identity No 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 Yes Guaranteed by non-discrimination article.
Same-sex marriage No Note Varies by canton.
Adoption by same-sex couples No Varies by canton.
LGBT allowed to serve in the military Yes Guaranteed by non-discrimination article. Yes Service in cantonal Home Guard units guaranteed by non-discrimination article in federal constitution.
Right to change legal gender No Varies by canton.
Access to IVF for lesbians No Varies by canton.
MSMs allowed to donate blood No Varies by canton.