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 The country inherited an outdated and discriminatory system of laws from Shireroth and is continuously working to modernise and liberalise these laws.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.
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
| 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. |
