LGBT rights in Mava
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Status | Male: legal since 1978 Female: never criminalized |
---|---|
Gender identity | Transgender people are legally allowed to change their gender |
Military | LGBT people allowed to serve openly (Atitlanese responsibility) |
Discrimination protections | Sexual orientation since 2020 |
Family rights | |
Recognition of relationships | No recognition of same-sex couples |
Adoption | Single parent adoption legal, joint parent adoption unclear |
Lesbian, gay, bisexual and transgender (LGBT) rights in the 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.
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.
Legality of same-sex sexual activity
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
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. 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.
Votes for | Votes against | Abstentions | Absent |
---|---|---|---|
7
|
4
|
2
|
3
|
Discrimination protections
Mava follows Atitlanese discrimination protections. The Law on the Equalities of Persons 1998 provides that:
- The expression "discriminatory" means affording different or prejudicial treatment to any person on any grounds such as sex, race, colour, language, religion, sexual orientation, political or other opinion, national or social origin, property, birth or other status.
The Criminal Acts Ordinance (Mava) 2014 enforces additional protections against use of "threatening words of behaviour, or displays of such behaviour in written form, intending to stir up hatred against any persons protected under the [Law on the Equalities of Persons 1998]."