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 The country inherited an outdated and discriminatory system of laws from Shireroth and is continuously working to modernise and liberalise these laws.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

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.