LGBT rights in Sierra

From Constructed Worlds
Jump to navigation Jump to search
LGBT rights in Sierra
Flag of Sierra.png
Map of Sierra
Map of Sierra
Same-sex sexual activity legal? Legal nationwide since 1946 (equal age of consent; sodomy laws struck down by Brooks v. Maricopa); legal in the Deseret since 2002
Gender identity/expression] Change of sex available in 12 of 22 provinces and all 8 states; only biological sex (male/female) recognized nationwide
Recognition of
relationships
Legal in 13 of 22 provinces and all 8 states; legal in 2 of 8 territories [Channel Islands; Pacific Crown Islands (de facto)]
Civil union recognized in 5 provinces
Restrictions:
Same-sex marriages neither recognized nor performed in Cancún, Deseret (all areas), Gilbert and Ellice Islands, Pacífico Norte, Pacífico Sur, Sierran Samoa, and Yucatán
Adoption Legal in 13 of 22 provinces and all 8 states
Military service

Yes, openly for lesbian, gay, and bisexual members

No: Transgenders not allowed to serve openly or transition. (pending legislation)
Discrimination protections Laws vary by jurisdiction; discrimination based on sexual orientation/gender identity in federal public sector prohibited
Kingdom of Sierra

This article is part of the series:
Politics and government of the
Kingdom of Sierra


Lesbian, gay, bisexual, and transsexual rights (LGBT) in Sierra have gradually evolved through the course of Sierran history. Up until 1946, sodomy laws throughout the nation made same-sex sexual activity a punishable crime. The landmark Supreme Court case Brooks v. Maricopa struck down Maricopa's sodomy law and the rest of the provinces' throughout the Kingdom, holding that such laws violated the privacy and liberty of consenting adults under Article IX. In the Deseret, the case does not apply although in 2002, same-sex activity was decriminalized independently by the government. As of 2015, 13 of the 22 Sierran provinces, all 8 Hawaiian states, and none of the 5 Deseretan areas recognize and permit same-sex marriages. Like marriage, LGBT rights pertaining to family rights and anti-discriminatory protections vary among the PSAs.

Sixteen provinces in Sierra and all states in Hawaii outlaw discrimination based on sexual orientation, and thirteen provinces plus Hawaii outlaw discrimination based on gender identity or expression. The age of consent in each jurisdiction varies from 15 to 18, and all ages of consent must be the same for both sexes and same-sex/opposite-sex relations per the Brooks v. Maricopa ruling. Adoption by same-sex married couples is legal in all of the provinces where same-sex marriage is recognized. In addition, hate crimes based on sexual orientation and identity is a punishable federal offense. However, hate speech laws in general, including those on sexual orientation and identity, are non-existent in all jurisdictions, and virtually all measures to draft such legislation have been defeated.

Twelve provinces and eight states permit individuals to legally change their sex, and of the twenty PSAs, twelve (East Leewards, Hawaii, Honolulu, Gold Coast, Kauai, Kamehameha, Maui, San Francisco, Oahu, Santa Clara, Shasta, West Leewards) do not require sexual reassignment surgery in order to change legal sex. All jurisdictions in the Kingdom including the federal government recognize only the two biological sexes: male and female although limited protections and rights for non-binary transgender individuals exist in some provinces and states.

LGBT rights have been supported by various organizations and individuals in Sierra, including the Sierran Civil Liberties Union (SCLU), the Forum of Lesbians and Gays (FLAG), the Democratic-Republican Party of Sierra, and the Libertarian Party of Sierra. In the Deseret, the Love is Free campaign has been the primary LGBT advocacy and pressure group, seeking to change church policy on its views on the LGBT community, and separating the Church from the state. In addition, some of Sierra's largest cities and communities, Porciúncula and San Francisco City, have been declared as one of the world's most gay-friendly cities. In a 2016 poll, the survey indicated that about 68% of Sierrans were in support of same-sex marriage, up from just 35% in 2004.

Homosexual rights[edit | edit source]

Overview[edit | edit source]

Up until 1969, there were virtually no laws or legal protections at the federal or provincial level with regards to gays and lesbians. While sodomy laws were struck down in 1946 through the Supreme Court case Brooks v. Maricopa, homosexuals continued to receive no legal support and open discrimination.

During the 1960s, the gay liberation movement would help place LGBT issues on the national spotlight, urging citizens to support the cause. In 1969, San Francisco, which had a large and active LGBT community, became the first province to pass a law known as the Government Equality Anti-Discrimination Act (GEADA), prohibiting the government from discriminating gays and lesbians. A year later, a law passed prohibiting private businesses from discriminating against gays and lesbians. In 1972, San Francisco became the first province to legalize same-sex marriage.

Although the movement was largely successful in San Francisco, the movement failed to gain fruition for the rest of the Kingdom until the 1990s. Shasta would be the first province after San Francisco to prohibit discrimination against LGBT in 1992. Seven provinces would follow suit by the turn of the century, although no province aside from San Francisco would legalize same-sex marriage until 2002 with Shasta again, initiating the policy change. Prior to the increase in same-sex marriage recognition across the Kingdom, existing measures recognizing same-sex couples who had limited rights (alimony, inheritance, adoption rights, etc.) were in place in some jurisdictions.

Currently, 21 of the 37 PSAs (13 of the 22 provinces in Sierra, all 8 states in Hawaii, and none of the areas in the Deseret) recognize same-sex marriages or partnerships, and there are a number of regulations and legal protections for LGBT citizens against discrimination at the federal level.

Anti-discrimination laws[edit | edit source]

Although neither the Charter nor any of the three constitutions for each of the constituent countries grant or deny any rights to LGBT citizens explicitly, they are protected under the Equal Protection Clause which guarantees equal representation and treatment under federal law as determined in the 1975 Supreme Court case Fields v. Cobain which declared sexual orientation as a classification that qualifies under constitutional protection. Such interpretation and case thus forbids public governments and services from discriminating against citizens based on their social group in Sierra. In Hawaii, the Hawaiian Court used Fields v. Cobain as a precedent in its law in 1981. In the Deseret, no court decision or statute has been established to forbid public or legal discrimination against LGBT people.

Since 2007, LGBT people are free to serve in the military without any restrictions. Prior to the Military Equal Representation Act of 2007, all military branches within the Sierran Crown Armed Forces could discharge servicemen and officers who disclosed their sexual orientation, and could bar LGBT individuals from enlistment. The Sierran Selective Service had also exempted male citizens who explicitly disclosed their orientation through the Service's registration system from conscription, although this practice was lifted in 2004.

Employment laws[edit | edit source]

There is no federal statute that addresses workplace discrimination against employees based on their sexual orientation or gender identity. Most protections exist at the provincial-level that include protections in public and private sector workplaces, while there is national protections limited to public sector workplaces. Employment protections are essentially non-existent for LGBT people in the Deseret. Certain provinces such as San Joaquin and Tahoe allow private businesses to engage in discriminatory practices towards LGBT people if it conflicts with the owners' personal beliefs.

Hate crime laws[edit | edit source]

Housing and medical facilities[edit | edit source]

Transgender rights[edit | edit source]

Adoption and family rights[edit | edit source]

Restrictions[edit | edit source]

Territories[edit | edit source]

Public opinion[edit | edit source]

Support[edit | edit source]

Opposition[edit | edit source]

Supreme Court decisions[edit | edit source]

Brooks v. Maricopa[edit | edit source]

Sommers v. San Francisco[edit | edit source]

Summary table[edit | edit source]

Right Yes/No Note
Same-sex sexual activity legal Yes Since 1946 nationwide
Equal age of consent Yes Since 1946 nationwide
Anti-discrimination laws in employment Yes at the federal level; varies at provincial level
Homosexuality declassified as an illness Yes Since 1973
Transgender declassified as an illness Yes Since 2008
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriage(s) Provincial issue; Varies by province Legal in 13 of 22 provinces and 2 of the 10 territories
Recognition of same-sex relationships Provincial issue; Varies by province Legal in 16 of 22 provinces and 2 of the 10 territories
Step adoption by same-sex couples Provincial issue; Varies by province Legal in 13 of 22 provinces and 2 of the 10 territories
Joint adoption by same-sex couples Provincial issue; Varies by province Legal in 13 of 22 provinces and 2 of the 10 territories
Gays and lesbians allowed to serve openly in the military Yes Since 2009
Transgenders allowed to serve openly in the military No Discharge and conduct varies by branch
Right to change legal gender Provincial issue; Varies by province Legal in 12 of 22 provinces and 1 of the 10 territories
Access to IVF for lesbians Yes
Commercial surrogacy for gay male couples Provincial issue; Varies by province Legal in 2 of the 22 provinces
Automatic parenthood for both spouses after birth Yes Unknown sperm donor, only for lesbian couples
MSMs allowed to donate blood Yes
Conversion therapy banned by law No Upheld by Sommers v. San Francisco in 2012
Gay panic and trans panic defenses banned by law No; except in the Gold Coast, San Francisco, Santa Clara, and Shasta
Census counts number of lesbian, gay, bisexual, and transgender people Yes Since 2010

See also[edit | edit source]