LGBT rights in Marienbourg

LGBT rights in Marienbourg
Status	Always been legal (territorialy, since 1830) Conversion therapy illegal under the Criminal Code
Gender identity	Change of name and legal sex available without sex reassignment surgery
Military	LGBT people authorized to serve openly
Discrimination protections	Constitutional protection against discrimination by sexual orientation and gender-related issues, although the status on non-binarism be conflicting
Family rights
Recognition of relationships	Same-sex marriage always been legal (territorialy, since 2011)
Adoption	Same-sex couples allowed to adopt

Lesbian, gay, bisexual and trangender (LGBT) rights in Marienbourg 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 Marienbourgish territory preceding its sovereignty since 1830. Article 91, items 5 and 32 of the Constitution of Marienbourg explicitly guarantee full rights to LGBT people, thus 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, the constitution 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, Marienbourg does no recognize third-gender or non-binaries, even though the intersex option is available as voluntary opt-in.

No opinion poll or census was 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 85% of Marienbourgish's 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.

Constitutional framerwork

Legal and equality rights

The Constitution of Marienbourg in itens 5 and 32 of article 91, it explicitly states that no one can be persecuted on account of their sexual orientation and gender expression, among other things, and that such a discriminatory act results in penalty according to law in the Criminal Code. Iten 5 further declares that all citizens are inviolably equal before the law. Thus, the standard interpretation of the state is that individual LGBT people, such as same-sex couples, enjoy absolutely all the rights that heterosexual people and couples. Such a view is uphelf by the Supreme Ducal Court as part of the country's customary law.

Article 91, itens 5 and 32, reads:

V. No one can be persecuted on account of religion, race, gender, sexuality, nationality and social class.
XXXII. All citizens shall be equal before the law. Any form of discrimination based on race, body, gender, sexuality, social class, et al, shall be duly punished as determined by law.