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 The country inherited an outdated and discriminatory system of laws from Shireroth and is continuously working to modernise and liberalise these laws.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 cantonal level. While the Sani and Ama cultures are largely tolerant and accomodating toward LGBT people, the Cisamarrese are somewhat more conservative while the Istvanistani are most conservative. The Sani and Ama tolerance is grounded in the Somanes religion and influenced by a strong social taboo against discussing other people's private affairs.

LGBT rights in federal law

The federal constitution guarantees certain rights for LGBT people.

9. Every person is equal before the law. No person may be discriminated against, in particular on grounds of origin, race, gender, gender identity, sexual orientation, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability.

—Federal Constitution, Title II, Article 9

Since most civil law legislation is made on the cantonal level, with the federal government being responsible for coordination and harmonisation efforts, additional rights vary from canton to canton. It is generally viewed that the federal constitution guarantees certain specific rights on the grounds of non-discrimination, while others are a purely cantonal matter. However, since the Sanaman state is still new, no case regarding what rights the federal constitution guarantee has 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 many cantons, it is common for gay couples living in cantons where it is not legal to travel to get married. The Sanaman federal system guarantees that legal acts issued in one canton are recognised by all other cantons. This is driving harmonisation efforts in some areas, while more conservative cantons primarily in the northeast are resisting change.

Summary table

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.