LGBT rights in Ebenthal

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LGBT rights in the Kingdom of Ebenthal Flag of Ebenthal.svg
Map of Ebenthal2.png
Location of Ebenthal in Green
Same-sex sexual activity legal?Always legal
Gender identity/expressionLegal gender change allowed, surgery not required
Recognition of
relationships
Always legal
AdoptionYes (always legal)
Military serviceAllowed to serve openly
Discrimination protectionsExplicit legal protections
LGBT flag of Ebenthal.

Lesbian, gay, bisexual and transgender (LGBT) rights in Ebenthal are among the most-advanced in South America, at the Brazilian sector, and in the world, with LGBT people enjoying equal rights than to any other people since the country's independence and counting on several protection laws. Being openly LGBT is socially acceptable.

Since late 2019 there has been a growing support for LGBT rights among the government, as the King himself is openly gay. The age of consent is that of 14-years-old regardless of sexual orientation. The constitution guarantees equal rights to every citizen on this matter, neverthless legal protection have been approved reassuring the LGBT people the rights to marry, adopt, change gender and serve in the military. Discrimination is harshly punished and the both the constitution and the penal code makes no excuses. Pride parades and festivals and ativism is legal, as long as the practises comply with the law.

Ebenthal does not have any record on its LGBT population and plans to participate at the Statistic Fire's LGBT Rights Index. The country it is often regarded as very friendly to LGBT people.

Same-sex couple rights

Same-sex sexual activity has never been criminalized in Ebenthal, nor any of its micronational predecessors (i.e. Roschfallen). Homosexuality was decriminalized in Brazil in 1830, being the thrid country in the world to do so (after France and the Netherlands). The age of consent for the practice of sexual acts, wether they are straight or same-sex, is that of 13 years of age.

The constitution of Ebenthal provides that all citizens shall enjoy of equal human rights, and thus, same-sex marriage and adoption by same-sex couples has always been legal in Ebenthal. In 2016 the Marquis of Souto, then Ministry of the Kingdom, supported by the Seneschal of Ebenthal, introduced a project of law to explicitly ensure those rights for LGBT people. The Law No 24/2016, or Clodovil Law, as it was called, was approved and sanctioned. Besides making clear the state's position on LGBT rights, the law also provides for specifical penalties on hate crime, inclusing hate speech and on manifestation of any kind against LGBT rights.

Transgender rights

Transgender people are allowed to legally change their gender with no requirement of surgery. However, the state is not friendly towars the ideia of genderfluid, non-binary gender, third gender, and only recognize male and female genders. Nonetheless, the state does not bother with self-identification towards these gender theories and does not try to enforce the gender dualism, calling for the respectful treatment of all peoples. In 2020 the use of the so-called "neutral pronouns" and plural pronouns to refer to a single person who does not self-identify with the two genders was forbidden by the Law No 13/2020.

Ebenthal has adopted laws to further protect transgender people and actively fight prejudice. Nonetheless, trangender people remains being the group of people more vulnerable to prejudice in Ebenthal.

Protection against discrimination

The constitution of Ebenthal openly forbids discrimination against anyone based on gender, race, beliefs, ideology or sexuality. The country's position on it was strengthened by the approval of the Law No 69/2016, often called RuPaul Law, in late 2016, which categorizes forms of discrimination against LGBT and punishes it in a varied and individual way. For once, while an offense based on sexual orientation can be punished by the from the suspension of political rights to the revoking of citizenship, physical aggression and moral abuse can be punished by death by dissolving in acid, accordingly the penal code.

Living conditions

Ebenthal is often regarded as a very socially progressive country. Gender and sexuality are not usually considered divisions among people in the Ebenthali society, and there is a consistent general perception of the Kingdom as a nation that thrives in diversity. There are no specific organisations or support groups for LGBT+ persons, although most Ebenthali people think of them as unnecessary.

While members of all the political parties of Ebenthal have expressed support for the LGBT people and rights, the Conservative Party is often divided and generally avoid the topic in order to not face legal troubles.

Public opinion

Ebenthal has never held polls on the LGBT theme, but it is estimated that over 90% of the country's population believes same-sex activity and relationships shall be tolerated, and at least 70% support equal rights to same-sex couples, including that of marry and adopt. The state also estimates that there are more Ebenthalis who doesn't bother with the matter than Ebenthalis against LGBT rights. There is a census on the matter scheduled to take place between 2021 and 2022. Retively, the Ebenthalis resident in Ebenthal tend to be more open and/or supportive of LGBT rights than citizens of foreign non-Brazilian origin.

Nonetheless, LGBT people in Ebenthal struggle with the "light" day-to-day prejudice such as comments when demonstrating affection in public and some kind of apprehension to do so. Trangender people suffers the most, with gender identity still being an issue people aren't used to. It is estimated that most Ebenthalis only fully accept the transgenderism when the transitioning person looks like to the gender it wishes to transit, and only then start to call the person by the due gender pronouns.

Summary table

The following is a table summarising key points:

Category Kingdom of Ebenthal
Same-sex sexual activity Yes
Equal age of consent Yes
Anti-discrimination laws Yes
Hate crimes laws covering both sexual orientation and gender identity Yes
Anti-hate speech legislation Yes
Recognition of same-sex couples (e.g. civil unions) Yes
Marriage equality (e.g. same sex marriage) Yes
Adoption by same-sex couples Yes
Homosexuals allowed to serve openly in the military Yes
Transsexuals allowed to serve openly in the military Yes
Right to change legal gender Yes
Homosexuals allowed to donate blood Yes