LGBT rights in Mava: Difference between revisions

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{{Infobox LGBT rights
{{Infobox LGBT rights
  |country        = Mava
  |country        = Mava
  |image          =  
  |image          = File:Triania-Mava.png
  |imagesize      =  
  |imagesize      = 250px
  |alt            =  
  |alt            =  
  |caption        =  
  |caption        = Location of Mava in the Sarosan Ocean
  |status          = Male: legal since 1978<br>Female: never criminalized
  |status          = Legal; never criminalised
  |penalty        =  
  |penalty        =  
  |gender          = Transgender people are legally allowed to change their gender
  |gender          = Recognition of gender identity change in other jurisdictions
  |gender_res      =  
  |gender_res      =  
  |military        = LGBT people allowed to serve openly (Atitlanese responsibility)
  |military        = LGBT people allowed to serve openly (Atitlanese responsibility)
  |discrimination  = Sexual orientation since 2020
  |discrimination  = Sexual orientation since 2015
  |recognition    = No recognition of same-sex couples
  |recognition    =
  |union          =  
  |union          =
  |recognition_res =  
  |recognition_of_relationships  = Same-sex marriage since 1981
  |union_res      =  
  |union_res      =  
  |adoption        = Single parent adoption legal, joint parent adoption unclear
  |adoption        = Same-sex couples not allowed to adopt
}}
}}
'''Lesbian, gay, bisexual and transgender (LGBT) rights''' in the [[Atitlan|Atitlanese]] territory of [[Mava]] have gradually evolved over the years. Same-sex sexual activity has been legal in Mava since '''XXXX''', with same-sex marriage legalised in 2001.
'''Lesbian, gay, bisexual, and transgender (LGBT)''' people in [[Mava]] may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has never been illegal, with same-sex marriage recognised in the islands since 1981.


The Mava Organic Act 1961 confirmed that Maveans were Atitlanese citizens and were thus entitled to all rights associated with citizenship. As such, human rights in Mava generally follow those in Atitlan proper, including those relating to the LGBT community.
Attitudes to LGBT rights have developed significantly in recent years. Although same-sex couples have long featured in Mavean history, community obligations and the emphasis of duty over rights have long prioritised opposite-sex relationships and child-rearing over other relationships. Only in the last two generations have these attitudes changed. Despite enjoying many rights, the LGBT community continue to face barriers, particularly in relation to adoption and gender identity.
==Same-sex sexual activity==
Same-sex sexual activity has never been illegal in Mava. This is partly due to the lack of comprehensive criminal code prior to [[Atitlan|Atitlanese]] colonisation, which imposed its own criminal code that lacked any reference to homosexuality. Despite this, same-sex sexual activity had long been considered deviant behaviour because it impeded the main duty of producing children.


== Legality of same-sex sexual activity ==
Beginning in the 1970s, social norms have shifted away from a focus on reproduction. Most relationships are no longer driven by the need to produce children, with more Maveans coming together for love. At the same time, women have asserted their rights to not have children. As the function of relationships became primarily one of love and support, same-sex relations have assumed a legitimacy they never previously enjoyed.
Same-sex sexual activity in Mava is legal, with the Criminal Code of '''XXXX''' removing all references to same-sex sexual activity.
==Recognition of same-sex relationships==
Amendments to the Atitlanese Marriage Code recognised same-sex marriage in 1981; this law also applied in Mava. Traditionally, two persons of whatever gender could seek recognition as a “single union.” This united their wealth and possessions made both persons equally liable for debts. Although this was primarily for commercial purposes as well as for providing for old-age care, it is believed that some used this law as a proto-marriage. There are instances of households headed by two widowed women, the two “considered within the community as a couple, sharing all liabilities and enjoying all rights traditionally associated with marriage.


== Recognition of same-sex relationships ==
In 2009, Mava Council enacted its own Marriage Code, which reaffirmed same-sex marriage. As in Atitlan proper, married same-sex couples enjoy all the rights of their opposite-sex counterparts.
Historically, certain legal unions were available to persons for the purpose of uniting property and liability. These unions were not created with romance in mind, but it is believed that some unions between two men and between two women were founded as a de facto marriage. This process continued until same-sex marriage was legalised.  
==Adoption and family planning==
In 2001, same-sex marriage in Atitlan was legalised, despite strong opposition from conservatives. As such, Maveans possessing Atitlanese citizenship had access to same-sex marriages by right, with Mava Council not required to pass separate legislation. However, the conservative councillors forced a vote on a corresponding ordinance to show islanders' opposition to the new law. However, seven councillors voted in favour, four against, with two abstentions and three absent, inadvertently legalising same-sex marriage in domestic legislation. The Marriage (Same-Sex) Ordinance (Mava) 2001 was enacted shortly thereafter.  
Same-sex couples are unable to legally adopt. Despite this, same-sex couples whose adoption is recognised in another jurisdiction (within Atitlan or overseas) are accorded all rights enjoyed by opposite-sex adoptive parents. There have been various proposals to recognise adoption by same-sex parents, but Mava Council’s official position is that it aligns with federal law in matters of adoption.
{| class="wikitable" style="width:500px"
 
|+13 September 2001 vote in [[Mava Council]]
As there is no provision in Mava, there are no laws prohibiting lesbian couples from accessing IVF.
! style="width:25%;" | Votes for
==Transgender rights ==
! style="width:25%;" |Votes against
Mava does not provide any administrative or legal procedures allowing transgender people to change their identified gender. However, it does recognise any changes in gender identity in jurisdictions permitting this. Although there are few openly transgender people in Mava, there are some who have travelled to other Atitlanese states to change their gender and then return to the islands.
! style="width:25%;" |Abstentions
==Discrimination protections==
! style="width:25%;" |Absent
Mava Council previously applied limited provisions on hate crime enacted by the Cortes Imperiales. In June 2015, Mava Council passed legislation extending discrimination protections based on sexual orientation in employment. This law does not extend to gender identity, although it does prohibit any person “professing an alternative gender identity” from being incarcerated under mental health laws.
|-
 
| style="background-color:#CCFFCC;" |{{collapsible list
In 2024, Mava Council announced that it planned to recognise the right to change gender identity.
| title = 7
==Living conditions==
|1= Naalak Atacarit
The gay scene in Mava is very small; there are few openly-LGBT people living in the islands and there are likewise few gay-friendly establishments. Society is generally ambivalent about homosexuality, accepting it as a reality but uncomfortable with facing it head on. The only LGBT rights organisation in Mava is ''Maava Muqtak'' (<small>lit.</small> “Open Mava”), which offers services to LGBT individuals and has hosted some “gay nights” in Paas.
|2= Qassiark Amaq
|3= Carlos Blázquez
|4= Ferran Castañeda
|5= Sara Escrivá
|6=Pamiaq Ikakullu|7=[[Kausaanek Malaati]]}}
|{{collapsible list
| title = 4
|1= Taujek Irdlirirliut
|2= Paasuq Maatka
|3= Anaayak Nelagak
|4= Qinijak Turuk}}
|{{collapsible list
| title = 2
|1= Quvaguta Mupuik
|2= Iniq Saujaq
}}
|{{collapsible list
| title = 3
|1= Takubvaanik Naak
|2= Jose Luis Bilbao
|3= Ataliaq Siavauyak
}}
|}


The large number of immigrants in Mava - primarily commercial workers - and their generally short-term stays and replacement with new workers has provided opportunities for Maveans to meet and know LGBT people, many of whom coming from overseas.
==Summary table ==
==Summary table ==
{| class="wikitable"
{| class="wikitable"
|-
|-
|Same-sex sexual activity legal
|Same-sex sexual activity legal
|[[File:Yes check.svg|15px|Yes]] (Since 1978)
|[[File:Yes check.svg|15px|Yes]] (Never illegal)
|-
|-
| Equal age of consent (16)
| Equal age of consent (16)
|[[File:Yes check.svg|15px|Yes]] (Since 2009)
|[[File:Yes check.svg|15px|Yes]]  
|-
|-
|Anti-discrimination laws in employment
|Anti-discrimination laws in employment
|[[File:Yes check.svg|15px|Yes]] (Since 2020)
|[[File:Yes check.svg|15px|Yes]] (Since 2015)
|-
|-
|Anti-discrimination laws in the provision of goods and services
|Anti-discrimination laws in the provision of goods and services
| [[File:X mark.svg|15px|No]]
|[[File:X mark.svg|15px|No]]
|-
|-
|Anti-discrimination laws in hate speech
|Anti-discrimination laws in hate speech
|[[File:Yes check.svg|15px|Yes]] (Since 2020)
|[[File:Yes check.svg|15px|Yes]] (Since 1973)
|-
|-
|Anti-discrimination laws concerning gender identity
|Anti-discrimination laws concerning gender identity
|[[File:Yes check.svg|15px|Yes]] (Since 2020)
|[[File:X mark.svg|15px|No]]
|-
|-
| Same-sex marriage(s)
| Same-sex marriage(s)
|[[File:X mark.svg|15px|No]]
|[[File:Yes check.svg|15px|Yes]] (Since 1981)
|-
|-
| Recognition of same-sex couples
| Recognition of same-sex couples
|[[File:X mark.svg|15px|No]]
|[[File:Yes check.svg|15px|Yes]] (Since 1981)
|-
|-
|Stepchild adoption by same-sex couples
|Stepchild adoption by same-sex couples
Line 95: Line 76:
|-
|-
|LGBT people allowed to serve in the military
|LGBT people allowed to serve in the military
|[[File:Yes check.svg|15px|Yes]] (Since '''TBC'''; Atitlan responsible for defence)
|[[File:Yes check.svg|15px|Yes]] (Since 1969; Atitlan responsible for defence)
|-
|-
|Right to change legal gender
|Right to change legal gender
|[[File:Yes check.svg|15px|Yes]] (Since 2010)
|[[File:Yes check.svg|15px|Yes]]/[[File:X mark.svg|15px|No]] (Recognition of change in other jurisdictions since 2006)
|-
|-
|Access to IVF for lesbian couples
|Access to IVF for lesbian couples
|[[File:X mark.svg|15px|No]] (IVF not available; Atitlanese law applies)
|[[File:X mark.svg|15px|No]] (No provision for IVF in Mava)
|-
|-
|Commercial surrogacy for gay male couples
|Commercial surrogacy for gay male couples

Latest revision as of 14:52, 1 May 2024

Triania-Mava.png
Location of Mava in the Sarosan Ocean
StatusLegal; never criminalised
Gender identityRecognition of gender identity change in other jurisdictions
MilitaryLGBT people allowed to serve openly (Atitlanese responsibility)
Discrimination protectionsSexual orientation since 2015
Family rights
Recognition of relationshipsSame-sex marriage since 1981
AdoptionSame-sex couples not allowed to adopt

Lesbian, gay, bisexual, and transgender (LGBT) people in Mava may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has never been illegal, with same-sex marriage recognised in the islands since 1981.

Attitudes to LGBT rights have developed significantly in recent years. Although same-sex couples have long featured in Mavean history, community obligations and the emphasis of duty over rights have long prioritised opposite-sex relationships and child-rearing over other relationships. Only in the last two generations have these attitudes changed. Despite enjoying many rights, the LGBT community continue to face barriers, particularly in relation to adoption and gender identity.

Same-sex sexual activity

Same-sex sexual activity has never been illegal in Mava. This is partly due to the lack of comprehensive criminal code prior to Atitlanese colonisation, which imposed its own criminal code that lacked any reference to homosexuality. Despite this, same-sex sexual activity had long been considered deviant behaviour because it impeded the main duty of producing children.

Beginning in the 1970s, social norms have shifted away from a focus on reproduction. Most relationships are no longer driven by the need to produce children, with more Maveans coming together for love. At the same time, women have asserted their rights to not have children. As the function of relationships became primarily one of love and support, same-sex relations have assumed a legitimacy they never previously enjoyed.

Recognition of same-sex relationships

Amendments to the Atitlanese Marriage Code recognised same-sex marriage in 1981; this law also applied in Mava. Traditionally, two persons of whatever gender could seek recognition as a “single union.” This united their wealth and possessions made both persons equally liable for debts. Although this was primarily for commercial purposes as well as for providing for old-age care, it is believed that some used this law as a proto-marriage. There are instances of households headed by two widowed women, the two “considered within the community as a couple, sharing all liabilities and enjoying all rights traditionally associated with marriage.”

In 2009, Mava Council enacted its own Marriage Code, which reaffirmed same-sex marriage. As in Atitlan proper, married same-sex couples enjoy all the rights of their opposite-sex counterparts.

Adoption and family planning

Same-sex couples are unable to legally adopt. Despite this, same-sex couples whose adoption is recognised in another jurisdiction (within Atitlan or overseas) are accorded all rights enjoyed by opposite-sex adoptive parents. There have been various proposals to recognise adoption by same-sex parents, but Mava Council’s official position is that it aligns with federal law in matters of adoption.

As there is no provision in Mava, there are no laws prohibiting lesbian couples from accessing IVF.

Transgender rights

Mava does not provide any administrative or legal procedures allowing transgender people to change their identified gender. However, it does recognise any changes in gender identity in jurisdictions permitting this. Although there are few openly transgender people in Mava, there are some who have travelled to other Atitlanese states to change their gender and then return to the islands.

Discrimination protections

Mava Council previously applied limited provisions on hate crime enacted by the Cortes Imperiales. In June 2015, Mava Council passed legislation extending discrimination protections based on sexual orientation in employment. This law does not extend to gender identity, although it does prohibit any person “professing an alternative gender identity” from being incarcerated under mental health laws.

In 2024, Mava Council announced that it planned to recognise the right to change gender identity.

Living conditions

The gay scene in Mava is very small; there are few openly-LGBT people living in the islands and there are likewise few gay-friendly establishments. Society is generally ambivalent about homosexuality, accepting it as a reality but uncomfortable with facing it head on. The only LGBT rights organisation in Mava is Maava Muqtak (lit. “Open Mava”), which offers services to LGBT individuals and has hosted some “gay nights” in Paas.

The large number of immigrants in Mava - primarily commercial workers - and their generally short-term stays and replacement with new workers has provided opportunities for Maveans to meet and know LGBT people, many of whom coming from overseas.

Summary table

Same-sex sexual activity legal Yes (Never illegal)
Equal age of consent (16) Yes
Anti-discrimination laws in employment Yes (Since 2015)
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in hate speech Yes (Since 1973)
Anti-discrimination laws concerning gender identity No
Same-sex marriage(s) Yes (Since 1981)
Recognition of same-sex couples Yes (Since 1981)
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT people allowed to serve in the military Yes (Since 1969; Atitlan responsible for defence)
Right to change legal gender Yes/No (Recognition of change in other jurisdictions since 2006)
Access to IVF for lesbian couples No (No provision for IVF in Mava)
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No