Malfi and Hashemi v Chancellor

Malfi and Hashemi v Chancellor is a court case being prepared before the Senate of the Lakes, adjudicator on all matters relating to the Order of the Holy Lakes (with supreme sovereignty being vested in the Electorate, i.e. the adult members of the Order).

Background

Luciana Malfi, courtesan of Lors Bakker-Kalirion, and Golsa Hashemi, concubine of Lors Bakker-Kalirion, have individually petitioned the Commander of the Order of the Holy Lakes, Ichirō, for registration as Ladies of the Holy Lakes, due to their legal union of marriage-like relationship with Lors Bakker-Kalirion. Ichirō denied the application, citing that under the precedence of the Order, only marriage-like unions of legal character where the parties are equal have so far allowed the other party (who is not an inductee or not descended by blood to an inductee). Mmes Malfi and Hashemi appealed the decision to the Chancellor of the Order of the Holy Lakes, Li Naomiai Avon-El, citing that the unequal nature of their relationship with Mr Bakker-Kalirion is in name only; otherwise they perform the same tasks as required by a spouse and are given equal respect inside the household as the two wives of Mr Bakker-Kalirion. The Chancellor denied the request, with the view that there is nothing substantial in the application, and that the application seemed to imply a request for social tourism for the two women seeking to move to Hurmu with their children.

Senate proceedings

Mmes Malfi and Hashemi then appealed to the full sitting of the Senate of the Lakes, through Senator Kristofer u-Malik. Kristofer u-Malik agreed to bring the matter before the Senate as Advocate for the pair. Li Naomiai was to represent herself in her position, and would have to recuse herself from presiding over the proceedings. Similarly, Ichirō, her deputy, had to recuse himself from presiding. The next person in line would be Patrik Djupvik. As such, Djupvik, was tasked with presiding over the case. All Senators would still have the right to vote on the final judgement.

Day 1

On the first day of the sitting (9.XI.1716), Djupvik summarized the case as follows:

1. Membership in the Order of the Holy Lakes extends to persons inducted into the Order of the Holy Lakes, persons descended by blood or adoption from such inducted persons, and to any legal spouses thereof for the duration of the matrimonial union (for widows unless remarried outside the Order).
2. Petitioner Malfi is a courtesan of Lors Bakker-Kalirion. She alleges that this is a legal union, albeit unequal in name (citing Shirerithian law on the matter), but that the legal union in itself confers upon her the right of membership in the Order.
3. Petitioner Hashemi is a concubine of Lors Bakker-Kalirion. She alleges that this is a legal union, albeit unequal in name (citing Shirerithian law on the matter), but that the legal union in itself confers upon her the right of membership in the Order.
4. If the Senate finds that Malfi's and/or Hashemi's unions with Bakker-Kalirion are legal, then
   1. Does membership of the Order of the Holy Lakes extend to concubines of a member of the Order of the Holy Lakes who is an inductee or is descended from an inductee?
   2. Does membership of the Order of the Holy Lakes extend to courtesans of a member of the Order of the Holy Lakes who is an inductee or is descended from an inductee?