LGBT rights in Ebenthal

From MicroWiki, the free micronational encyclopædia
Jump to navigation Jump to search
StatusAlways been legal
(territorialy, since 1830)
Conversion therapy illegal under the Penal Code
Gender identityChange of name and legal sex available without sex reassignment surgery
MilitaryLGBT people authorized to serve openly
Discrimination protectionsConstitutional protection against discrimination by sexual orientation and gender-related issues, although the status on non-binarism be conflicting
Family rights
Recognition of relationshipsSame-sex marriage always been legal
(territorialy, since 2011)
AdoptionSame-sex couples allowed to adopt

Lesbian, gay, bisexual and trangender (LGBT) rights in Ebenthal are some of the most extensive in the world, by international patterns. Same-sexual activity have never been prohibited in the country and have not been prohibited in the Ebenthaler territory preceding its sovereignty since 1830.[a] Same-sex couples and trangender people enjoys of the same rights as heterosexual couples and cisgender people, such as state-sanctioned and recognized same-sex marriage and adoption. Additionally, law incorporated into the constitutional text by Additional Act expressly prohibits discrimination on the basis of sexual orientation. Transgender people are allowed to change their legal gender on the basis of self-determination with no need for reassignment surgery. However, Ebenthal does no recognize third-gender or non-binaries, even though the intersex option is available as voluntary opt-in.

The sexual age of consent is that of 14 years old, regardless of sexual orientation. From 2019 there has been a steadily growing support for LGBT rights, as the King himself is openly gay. Nonetheless, no opinion poll or census has been conducted in the country on the topic, however, based on the general perception of the resident population and informal opinions, it is estimated that around 90% of Ebenthaler residents had favored social acceptance of homosexuality and same-sex marriage and adoption. However, this number is lower in relation to the acceptance of transgender people, and even lower when it comes to non-binary, intersex or third gender 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 third 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 National Party, and previously 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 Ebenthaler residents 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.

Notes

  1. In 1830 same-sex activity was made openly legal by the Civil Code of the Empire of Brazil.