LGBT rights in Mava

Jump to navigation Jump to search
StatusMale: legal since 1978
Female: never criminalized
Gender identityTransgender people are legally allowed to change their gender
MilitaryLGBT people allowed to serve openly (Atitlanese responsibility)
Discrimination protectionsSexual orientation since 2020
Family rights
Recognition of relationshipsNo recognition of same-sex couples
AdoptionSingle 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.

13 September 2001 vote in Mava Council
Votes for Votes against Abstentions Absent
7
  • Naalak Atacarit
  • Qassiark Amaq
  • Carlos Blázquez
  • Ferran Castañeda
  • Sara Escrivá
  • Pamiaq Ikakullu
  • Kausaanek Malaati
4
  • Taujek Irdlirirliut
  • Paasuq Maatka
  • Anaayak Nelagak
  • Qinijak Turuk
2
  • Quvaguta Mupuik
  • Iniq Saujaq
3
  • Takubvaanik Naak
  • Jose Luis Bilbao
  • Ataliaq Siavauyak

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]."

Summary table

Same-sex sexual activity legal Yes (Since 1978)
Equal age of consent (16) Yes (Since 2009)
Anti-discrimination laws in employment Yes (Since 2020)
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in hate speech Yes (Since 2020)
Anti-discrimination laws concerning gender identity Yes (Since 2020)
Same-sex marriage(s) No
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT people allowed to serve in the military Yes (Since TBC; Atitlan responsible for defence)
Right to change legal gender Yes (Since 2010)
Access to IVF for lesbian couples No (IVF not available; Atitlanese law applies)
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No