LGBT rights in the Kryfona Kingdom

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LGBT rights in the Kryfona Kingdom are–for the most part–protected by law, and have been since the late 1800s and early 1900s, although some oversights do still exist under the law. The scope of LGBT protections varies slightly by jurisdiction in the Kryfona Kingdom, with some provinces having more comprehensive legislation than others; nevertheless, the federal laws which preside over the Kryfona Kingdom's LGBT community make protected rights essentially universal.

Among the Old World nations, the Kryfona Kingdom is generally considered the most progressive and pro-LGBT. As early as the 1870s, some provinces moved to protect the rights of non-straight citizens within their borders. Legislation designed to protect "citizens who do not conform to heterosexuality" passed in several provinces, including Seuyastazal and Szaras prior to 1900. Szaras also became the first jurisdiction of any kind to recognize same-sex marriages, doing so in 1897. At the federal level, the Kryfona Kingdom officially legalized same-sex marriages with the Kryfonsparliszaiye's passing of the Marriage Amendment of 1900. The provinces of Yaraa and Reriskzeiy, disputing the matter on a purely sovereign basis, did not adhere to the legislation, but passed similar laws in 1905 and 1908 respectively. Since the legalization of same-sex marriages, other rights have gradually been granted or recognized, such as the right to adopt children (1932), equal protection under the law (1870s; federally in 1903, 1906, and 1921), and the right to change gender (1982) among others. Notably, however, the Kryfona Kingdom does not recognize third genders of any kind officially.

Under the Protection Amendments to the Kryfona Constitution of 1952 and 1953, discrimination on the basis of sexual orientation is unlawful, as is discrimination on the basis of sexual or gender identity. Hate crimes on similar bases are also unlawful at a federal level, having been added to federal law by the Hate and Discrimination Based Crimes Act of 1983. Efforts to challenge these laws in hiring practices and education were launched in 1987 and 1988 respectively by a number of far-right caucuses; however, these challenges ultimately failed in court, and the Kryfonsparliszaiye strengthened the laws in 1992. Some members of the Kryfona LGBT community have been critical however of the failure to codify portions of the HDBCA into the Kryfona Constitution, arguing that hate and discrimination based crime should be a part of the constitution and not simply fall under federal law. Advocacy groups renewed an effort to pressure the incumbent government into making the HDBCA a part of the constitution in 2016.

Transgender and other LGBT minority rights have historically lagged behind in the Kryfona Kingdom, despite the socially progressive nature of much of the country. Although LGB rights were essentially codified by the 1950s, it was not until the early 1970s that transgender activism began to influence government policy. Transgendered individuals were finally recognized by the Kryfona government only in 1973, and legally did not have the right to change their gender until 1982. Even now, despite a considerable amount of debate in the Kryfona LGBT community, persons outside of the gender binary are not recognized by the government; the Kryfona Kingdom does not officially recognize third genders of any kind. Nonetheless, transgender and other LGBT minorities won a large victory with the passing of the HDBCA in 1983, and although their rights still lag behind their contemporaries in the LGBT community, they are well represented by advocacy groups.

The Kryfona Kingdom has a number of advocacy groups for LGBT individuals, most notably the Kryfona Kingdom Rights Organization (KRA) and the Isene and Sargozina societies, which once served Yaraa and Tuszke predominantly but are now the premier male and female (respectively) LGBT organizations in the Kryfona Kingdom. In government, the United Kryfona Party and the Kryfona Loyalist Party are the two major pro-LGBT parties, although broadly speaking all parties currently in government support the protection of civil rights, including the rights of LGBT persons.

LGBT rights in provinces

Provinces have typically taken action before the federal government in the Kryfona Kingdom in regards to civil rights and LGBT rights in particular. Before they became federal laws, most bills pertaining to LGBT rights in the Kingdom were typically enacted in some form or another at the provincial level; this is particularly true of the laws that came before the Marriage Amendment of 1900, the Child Adoption Process Act of 1932, and the HDBCA, which passed in 1983.

History and issues

Early provincial actions

Provincial action was the primary source of early LGBT rights legislation throughout most of the Kingdom; seldom did the federal government intervene in LGBT issues until after many provinces did so of their own accord. Same-sex marriage was one such issue; two provinces, Szaras and Seuyastazal, legalized same-sex marriages prior to the passing of the Marriage Amendment of 1900. Szaras, which did so on 22 July, 1897, was the first administrative district or country in the Old and New Worlds to legalize same-sex marriages; it passed a binding resolution by a popular vote margin of 56%–43%. Seuyastazal passed a similar, binding referendum about seven months after on 28 January, 1898, by 58%–40%. Neither province was, in a sense, surprising in doing so–Szaras and Seuyastazal both had significant liberal populations at the time and both provinces likewise had populations in which a majority supported same-sex marriages–however, the provinces paved the way for federal legalization. Pressure by the LGBT community of the Kingdom in these provinces were what gave way to the referendums and eventual legalization, and these legalizations were subsequently used as justification for federal legalization of same-sex marriages and ultimately the passing of the Marriage Amendment of 1900.

Similar LGBT pressure led to the passing of numerous provincial protection laws for non-straight persons; this push in particular was successful even before same-sex marriage had majority support in most of the Kingdom. Prior to the passing of the original federal law which protected LGB individuals in 1903, nine provinces had some degree of legislation protecting LGB persons. However, transgender Kryfona were generally excluded from these early laws, and it would not be until the Protection Amendments in 1952 and 1953 that they were protected in any capacity at the federal level. Full transgender protections likewise did not come until the HDBCA was passed in 1983, and all laws previously passed were thus amended to protect transgender persons.[ac 1]

The rise of the third gender movements since the turn of the 1980s have further complicated these laws, as under Kryfona law no third genders are currently recognized at the federal level, and as of yet no provinces recognize them either, despite pushes by the LGBT community to do so. This is both a political and medical problem–medically, no such third genders are said to exist among Kryfona, as it is biologically impossible–and despite the vehement disagreements of the third gender movements within the Kryfona Kingdom, a problem which has failed to resolve itself anywhere in the Kingdom. Efforts to pass laws recognizing third genders have failed in 1994, 1997, and 2006 at the federal level, while provincially only a handful of serious efforts have been made to have the issue recognized. Were such a thing to happen, it is almost certain that an amendment to revise all of the previous laws passed preventing discriminatory practice would need to be drafted to cover any recognized third genders.

Housing

Housing rights were some of the first protections to be established for LGB persons in the Kryfona Kingdom and in some provinces these rights were the first protections to be levied for LGB persons entirely. Szaras was the first province in which such rights came to be protected; a bill which made housing discrimination on sexual preference lines cleared the Szaras House on 13 June, 1873 by a vote of 22-7 and was approved by the Szaras Senate 26-5 two days later on 15 June. It became law on 17 June, 1873.[ac 2] Seuyastazal adopted a similar measure on 22 April, 1875 after action on the part of Governor Anys Moroze to do so.[ac 3] On 29 June of that year, the Yaraan House drafted and passed a measure which prevented housing discrimination by the provincial government against suspected and known homosexuals; this was eventually expanded to include any housing discrimination on 8 August, 1886.[ac 4][ac 5]

LGB anti-housing discrimination laws before 1903:
     Provinces with full LGB anti-housing discrimination laws.
     Provinces with LGB anti-housing discrimination laws in provincial housing only.
     Provinces with major cities enacting partial or total laws.
     No LGB anti-housing discrimination law passed.

Anti-discrimination measures for LGB persons in housing were eventually adopted in five other provinces: Reriskzeiy on 17 July, 1889 in all housing;[ac 6] Lawvsgara on 19 July, 1889 in provincial housing, and on 28 November, 1890 for all housing;[ac 7][ac 8] Vrlxsena on 2 December, 1894 for provincial housing;[ac 9] Tauba on 16 April, 1897 for provincial housing;[ac 10] and Yaravneid on 6 May, 1898 for provincial housing.[ac 11] Actions against discriminatory housing on the basis of sexual orientation were not taken in three provinces–these being Areimsede, Iyarzalhne, and Rsza–but were undertaken by major cities within their borders. The cities of Tvaqyr, Galaszyz, Rszei, and Czuryunl had all passed legislation which made it unlawful to discriminate or segregate in housing–this including discrimination on sexual orientation lines–by the year 1902.[ac 12] Before the passing of the General Rights Act, 1903, no action to prevent housing discrimination on the basis of sexual orientation was taken in the provinces of Azsaeh, Peiretsaja, Elesaqa, Kghelias, Taharlsqov, and Fyranasaa, nor in the Territory of Yerljasqar or the Territories of North Vyfarla and South Vyfarla and the province of Vyfarla-sa-Eiwen that was incorporated out of them.

Housing rights for LGB persons were added to parts of the General Rights Act, 1903 during the second draft of the bill; the provisions establishing these rights were outlined at first as miscellaneous provisions to be added to the end of the bill and shortly after in the third drafting stage these provisions became a part of Section 2, which among other things was aimed at prohibiting political and sexual discrimination in housing.[ac 13] The General Rights Act, 1903, along with its provisions outlining and prohibiting discrimination in housing on the basis of sexual orientation, became law on 25 August, 1903; §§ 2(a)(2) and §§ 2(a)(3) are the sections of the law that deal with these, and §§ 2(b)(2) and §§ 2(b)(3) outline the punishments for violations of the law. Among other things, the law established that discrimination on the basis of sexual orientation was unlawful. It also established that potential tenants would not be required to divulge such information, and that evictions and acquiring housing could not be done on the grounds of sexual orientation.[ac 14]

Transgender provisions

Provisions to protect the rights of transgender persons and prevent their discrimination were not originally present in the General Rights Act, 1903, owing to the complete lack of recognition of transgender persons in the Kryfona Kingdom at the time. Transgender rights in general were wholly ignored by legislation until the push by transgender advocacy groups began in the early 1970s–in 1972, the city of Moszejye became the first city to protect transgender housing rights and prevent discrimination on those lines. The provinces of Seuyastazal, Szaras, Lawvsgara, Vrlxsena, Areimsede, Rsza, and Iyarzalhne between 1973 and 1981 passed legislation to prevent discrimination against transgender persons in housing; Yaraa, Reriskzeiy, Fyranasaa, Vyfarla-sa-Eiwen, and Elesaqa did so in 1982, shortly before the passing of the Hate and Discrimination Based Crimes Act of 1983 (HDBCA).

The Hate and Discrimination Based Crimes Act is welcome salvation to the transgendered community. ... The rights of the transgendered persons in this country have been long neglected and it is a tragedy that it has taken us so long to get here–but all the same I am thankful that it is now, rather than later, that this has taken place.

Velzys Turkozs, "A Victory for the Transgendered, for the Intersex, and for Gender Identity", in Nylzsryfa, 1983[1]

The HDBCA included significant provisions protecting transgender rights, among which were housing rights which prevented and made illegal discrimination on the basis of being transgender or intersex, or having an "irregular" gender identity.[ac 1] These rights were established as inalienable and included the "...right to secure housing; the right to housing without fear of retribution for gender identity or status as a transgendered or intersex individual; the right to be housed in a manner that is not segregated on the basis of gender identity or status as a transgendered or intersex individual; the right to facilities and utilities that are not segregated; and "the right to facilities and utilities that work" among others.[ac 1] Despite significant opposition from Royalist members on the grounds of giving undue power to the government and for its recognition of supposedly "unsavory" individuals, the HDBCA ultimately came to pass the Kryfonsparliszaiye by a party line vote of 56–25 behind the combined votes of every party besides the Royalists.[2][3]

Anorye v. Province of Azsaeh (1986)

On 28 November, 1985, the Province of Azsaeh was sued by Azalye Ixse Anorye–born female as Izsa Anorye and then in the process of transitioning–on the basis that he had been denied housing by the province due to his status as a transgender person in the process of transitioning. The province officially denied this reasoning, arguing that Anorye had been denied housing on the basis that he was poor and had not been capable of paying for the housing in the first place. The case was originally framed around this argument; however, the case uncovered several pieces of information which suggested that Anorye had been denied housing specifically because he was a transitioning transperson. Subsequently the Azsaeh and Peiretsaja District Court found in favor of Anorye.[lc 1] The province appealed.

We find that the constitutional and legal rights of Mr. Anorye have been, in no uncertain terms, violated by the Province of Azsaeh. ... The province made an active effort to deny him housing on the basis that his status as a transitioning individual, which is in violation of the standards established under the Hate and Discrimination Based Crimes Act. That Mr. Anorye is not yet fully transitioned and continues to undergo treatment should not and does not detract from his status as a transgender person, and because of this the Province of Azsaeh is in unquestionable violation of the law.

― High Court, Judgement, Anorye v. Province of Azsaeh, 22 August, 1986.[lc 2]

Subsequently, the case made its way to the High Court of the Kryfona Kingdom; hearings started in early January of 1986. The province of Azsaeh changed its defense of its actions between the courts, and at the High Court began to make the argument that Anorye's status as being in the process of transitioning meant that Anorye did not meet the criterion for a transgendered individual under the law. Anorye's lawyers argued against this, saying that it would hardly matter if Anorye was in the process of transitioning or not, since he was already established medically as suffering from dysphoria for several years before treatment began. Anorye's two doctors verified this to the court, stating that Anorye–29 by the time the case came before the High Court–had been undergoing treatment for just over two years, and had been medically diagnosed even earlier, at the age of 17. The province did not contest this, but continued to assert that because Anorye was not completely finished transitioning, he could not qualify as a transgendered individual under the law. As a consequence of this, the province's argument continued, any denial of housing that took place could not be discriminatory–or at least not in a way that was explicitly illegal–because the circumstances at which laws against discrimination of this sort would apply had not been met.

On 22 August, 1986, the High Court of the Kryfona Kingdom found unanimously (7–0) in favor of Anorye, after several series of hearings. The court found that "...the constitutional and legal rights of Mr. Anorye have been, in no uncertain terms, violated by the Province of Azsaeh."[lc 2] Specifically, the court pointed to the evidence that the province specifically focused on Anorye's status as transitioning, using it as a justification to deny him housing despite him being eligible for housing by law in the province. Additionally, while Anorye was not finished transitioning, the court ruled that this did not detract from the fact that he was transgender, and that Anorye merely being dysphoric was enough to qualify as transgender under the law. These facts meant that in rejecting Anorye from housing on the basis of being transgender, the court found that "...the Province of Azsaeh is in unquestionable violation of the law."[lc 2] Although the HDBCA had already functionally made it illegal to discriminate against transgender, non-binary, intersex, and similar persons in housing, the ruling affirmed the laws, and established a precedent which essentially extended the HDBCA's judgement to employment, government aid, and other services in the Kingdom.[4]

Medicine

LGBT medicine discrimination and anti-discrimination laws before 1922:
     Provinces with LGBT anti-discrimination laws in medicine.
     Provinces with LGBT discrimination laws in medicine.
     Provinces with neither pro- nor anti-discrimination laws.

Medicine was a relatively integrated field, even prior to the formal establishment of LGBT rights and advocacy on behalf of LGBT persons in the Kingdom. Because of the Anti-Discrimination for Patients in Medicine Act of 1868, it was not lawful to discriminate against any patient for "any orientation, preference, political view, practice, or other view or property of the mind or body." This–likely unintentionally–included all LGBT persons, and subsequently medicine became the first field which protected LGBT persons in any degree. Nonetheless, discrimination against some LGBT persons remained a significant issue in the field of medicine. In 1896, the provinces of Peiretsaja and Tauba passed laws which made it unlawful to serve suspected LGBT persons in the field of medicine, both laws being passed under the guise of "protecting the public health" from disease, which was, in the words of Peiretsaja governor Taronez Belezsin suspected as being "...spread by those who are in appreciation of the same sex and who lay with them." Similar laws were also passed in Azsaeh and Taharlsqov in 1897 and 1899, respectively.

Around the start of 1900, a trend of Kryfona provinces incorporating anti-discrimination laws in medicine began. On 8 January, 1900, the province of Lawvsgara passed a law which prevented discrimination in medicine and serving people in medicine. Seuyastazal passed a similar bill on 17 January, 1900. Laws of this sort also passed in the provinces of Vrlxsena (22 February, 1900) and Reriskzeiy (27 April, 1900) prior to the outbreak of the Kryfona Civil War. The war prevented essential governmental function in most provinces for the duration of the first decade of the 1900s, and as such it was not until 1913 that another province passed an anti-discrimination law. Areimsede did so on 18 November, followed thereafter by Iyarzalhne on 6 May, 1916, and Vyfarla on 11 June, 1920.

Lazsyw v. Province of Taharlsqov (1922)

On 12 April, 1921, Ozsoneyek Lazsyw, a resident of Reasz, was denied service by the Reasz General Hospital North on account of being a known homosexual.[5] At the time, the province still had its law preventing provincial hospitals and other places of a medical nature from serving LGBT persons, and this necessitated Lazsyw's rejection by the hospital. Lazsyw sued the province of Taharlsqov challenging the law, which subsequently was protested heavily by the province. Despite the province's objections, the suit went forward and founds its way to the District of Taharlsqov and Fyranasaa, where arguments began on 9 July, 1921.[6] Lazsyw was represented by both the Isene and Sargozina societies during the course of the lawsuit.

The province's primary argument against Lazsyw was that there was not a standard federally which stated that medicinal rights were to be given to all people within a province, and that furthermore there were valid medical reasons for the ban on serving LGBT persons in the province.[lc 3][6] To reverse the ban in essence would be to endanger public health, and that in the view of the province would be a disgusting mandate for the courts to establish. The counterargument by Lazsyw's side was that it was unconstitutional and unreasonable for a province to restrict medical access only to those who were medically able or the "correct" type of person.[6] They pointed to the ADPMA of 1868, which the Kryfonsparliszaiye had passed almost unanimously and the fact that it explicitly prevented discrimination against any preference or person–this presumably including LGBT persons–and thus argued that there was no basis by which provinces could restrict access of medicine to someone simply because of a characteristic they had.[6]

It is clear that the Anti-Discrimination for Patients in Medicine Act of 1868 cannot be interpreted as anything more than a comprehensive law preventing all forms of discrimination–discrimination against gay, bisexual, or lesbian persons included ... Therefore we find that the Province of Taharlsqov was unlawful in its policy of not serving gays, lesbians, and bisexuals, and find that the District of Taharlsqov and Fyranasaa was incorrect in its judgement.

― High Court, Judgement, Lazsyw v. Province of Taharlsqov, 1 May, 1922.[lc 4]

The district court ruled in favor of the province 3-2 on 4 September, 1921, stating that "...certain classes do not have an inherent right to healthcare under law; this has always been so, and is so even now. The wording of the Anti-Discrimination for Patients in Medicine Act of 1868 does not exclude such potential, and cannot be interpreted as such."[lc 3] This was seen however as an example of partisanship on the part of the district court–its justices were elected by the two provinces at the time, and both were conservative bastions–and Lazsyw appealed the ruling, taking the matter to the High Court.[7][8] The High Court accepted the case to its 1922-23 docket in December of 1921.[9]

Both sides maintained their arguments in the High Court, which began hearing the case on 15 January, 1922. The hearings took just under two months, and it was another two before a ruling on the case was produced by the High Court due to hearings on other cases. Fundamentally, however, the court had decided on the case from the beginning. On 1 May, 1922, the High Court handed down a unanimous 7–0 verdict in favor of Lazsyw, finding that the provincial policy of not serving homosexual persons in provincial hospitals was unlawful per the Anti-Discrimination for Patients in Medicine Act of 1868.[lc 4] In doing so, it struck down the lower court's ruling, finding it to be "incorrect in its judgement," and all statutes of a similar nature to the one passed by Taharlsqov.[lc 4]The ruling affected statutes in the provinces of Azsaeh, Peiretsaja, and Tauba, and although it was reviled by some members of the far-right and decried as "a step in the wrong direction" by Nalaze Birze, then-governor of Tauba, Lazsyw v. Province of Taharlsqov became law of the land and has not been seriously challenged since it was ruled.[10][11]

Intersex and transgender provisions

Intersex and transgender rights in medicine were technically covered by the Anti-Discrimination for Patients in Medicine Act of 1868, but did not receive serious attention until the 1963 case Tavarys v. Cazje General Hospital, wherein Azsyele Tavrizs, an intersex Kryfona, was denied service on that basis by a regional hospital in Cazje.[lc 5] Tavrizs sued the hospital and won; the District Court of Lawvsgara ruled 6–1 in favor of Tavrizs under the standard that had been set by Lazsyw v. Province of Taharlsqov, stating that the law's wording covered intersex persons as well and that therefore refusal of service upon the basis of being intersex was discriminatory and unlawful.[lc 5] A similar suit (Vahays v. Ozinejs Hospital South) filed in 1964 by Tavăns Vahays, a transgender Arieles, established the same right for transgender persons in the Kingdom.[lc 6]

Adoption rights

Adoption rights in the Kryfona Kingdom were gradually won by the LGBT community of the Kryfona Kingdom throughout the early 1900s; they notably lacked behind other LGBT accomplishments in the Kingdom, in large part because of several court rulings against LGBT adoptions. The needle was first moved by the province of Vrlxsena, which first made it legal for lesbian couples to adopt children on 22 January, 1907 when its legislature passed "VL S2N8 1.22.07 (Lesbian Adoption Act, III Revision)".[ac 15] The House and Senate passed this bill 17-4 and 26-5, respectively. Male gay Kryfona pushed to have an amendment to the law almost immediately after it was passed; less than a year later on 3 January, 1908, "VL S2N104-1.03.08 (Lesbian Adoption Act, I Amendment with II Revision)" passed both houses of the Vrlxsena legislature unanimously.[ac 16]

Adoption rights before 1945:
     Provinces with full adoption rights for LGBT couples and individuals.
     Provinces with adoption rights for only lesbian individuals or couples.
     Provinces with bans on adoptions by LGBT individuals or couples.

Over the course of the next six years, several provinces would pass similar laws. Rsza passed a comprehensive law for all LGB people on 7 April, 1908;[ac 17] Iyarzalhne did so for lesbians on 28 August, 1908, then for male homosexuals on 19 September, 1909;[ac 18][ac 19] Reriskzeiy did so for male homosexuals on 11 June, 1908, then for lesbians on 13 September, 1908;[ac 20][ac 21] Yaraa did so for lesbians on 5 February, 1909;[ac 22] and Seuyastazal did so for all LGB people on 30 June, 1913.[ac 23] Federal laws on the matter were also pushed by the Loyalist Party. On 23 May, 1912 the Equal Adoption Rights Act, 1912 was put forth by Loyalist party member Ilin Tävie and sponsored by five other Loyalists; however, it failed in the Kryfonsparliszaiye by a vote of 39-42. An effort to push a similar bill through two weeks later also failed 37-44.

In 1916, the provinces of Aszaeh and Peiretsaja passed bills banning LGBT individuals and LGBT couples from adopting children. Azsaeh was the first of the two, passing "AHL B292-05.12.16 (Moral and National Protection Act)" 20-5 in its House and 49-1 in its Senate on 16 May, 1916.[ac 24] The bill was pushed by members of the far-right Oszej Unionists in Azsaeh, but received largely unconditional support from the provincial Royalist party there. The sole Senate opposition, Royalist MPP Druzsias Melegys, was primaried and lost his seat in the next election partly over his failure to support the bill. Inspired by this law, Peiretsaja's House passed a similar but more restrictive bill in "PHL B220-06.02.16 (Act for Provincial and Social Protection)" which banned LGBT adoptions but also restricted the social services that could be used by LGBT persons on top of this.[ac 25] The bill passed 43-0 in Peiretsaja's House on 11 June, 1916, to widespread condemnation from the media and wider condemnation by the Loyalists of the Kingdom. On 19 June, 1916, a gay civil rights lawyer named Medethe Selem–with the backing of the Kryfona Loyalist Party–officially filed suit against the provinces of Peiretsaja and Azsaeh, seeking to overturn both laws.

History

Early Kryfona leaders

There is no mention of homosexuality among the Kryfona kings from Tykraasz Geynilar to Redimahqevits Syatrobahian. Although homosexuality was known to Kryfona, as a practical matter during this period it was not seen as a significant deal, and there were no punishments for being homosexual in the early Kingdom. Homosexuality was apparently not common in the Kryfona Kingdom or in its earlier counterparts, and attestations to it are extremely infrequent in the historical record of the Kingdom. Although it is known that there were a number of homosexuals in early Kingdom governments–most notably Ezsjem Garuzi, the Deputy Ruler under Rodskowsje Svariyantina–it is unknown how many of them there were, and it is likely that they were not known as such in their lifetime.

Middle Kryfona leaders

Ssomiz Lweskija

Ssomiz Lweskija was the first Kryfona king to actively prosecute for homosexuality, and in the year 1640 established the first laws against homosexuality in the Kingdom. Lweskija enacted the "Mandate of 1640;" the Mandate in this case being a law which ordered all of the Kingdom's provinces to, within one year of the Mandate, pass laws which would prohibit homosexuality in the Kingdom and establish punishments for homosexuality subsequently. Lweskija's reasons for enacting the Mandate in contrast to his successors are unclear; although Lweskija was a proto-Royalist, his decision does not appear to have been the result of his beliefs. Rather, it seems that he was influenced into the decision by people around him. Whatever the reason or reasons for the Mandate, by the end of 1641 all regions of the Kingdom (and all future regions and provinces which would be incorporated into the Kingdom) had passed laws which outlawed homosexuality and same-sex activity.

Kghyilda Svariyantina

Kghyilda Svariyantina did not do much in terms of LGBT rights; the majority of the changes that happened during her reign happened under her rather than because of her. The Azsaeh Territory, and later the Vyfani Territory (parts of Elesaqa and Kghelias) both passed laws establishing the penalty for same-sex activity as death, and homosexuality as a crime worthy of life in prison. Similar laws were passed under Kghyilda in Areimsede Region, Lawvsgara Region, and Rsza Region by 1676; lesser penalties of chemical castration were first experimented with in the Tauba Region in 1677 but ultimately rejected a year later when they were found to be ineffective overall. It is unclear how many people were experimented on with this policy due to poor record keeping, but the number is likely above 100 people. Kghyilda for her part did relatively little to prevent the spread of laws and punishments in the Kingdom, although she personally disagreed significantly with them. Of them, she wrote in her diary that they were "...frankly quite oppressive; absolutely bizarre given the circumstances as well..." and later that "If I had my way, it would be different, but I am not a person who is capable of that now."

Hiahl Nurhvo Tyxefone

The period between the reigns of Kghyilda Svariyantina and Hiahl Tyxefone was relatively quiet in terms of changes to policy. Most provinces adopted policies which established the death penalty for same-sex activity in the period which had not already; the single holdout among the regions was Seuyastazal, which had a plurality of Arieles and therefore differed culturally from the rest of the Kingdom. Seuyastazal instead adopted the lesser punishment of life in prison for same-sex activity, with twenty years for homosexuality. In 1740, Hiahl Tyxefone relaxed to an extent the standards that had been set by Ssomiz Lweskija's "Mandate of 1640" through the Minimum Sentencing Acts of 1741. The Minimum Sentencing Acts of 1741 were passed by the Kryfonsparliszaiye on advice of Tyxefone, and he personally included the wording reducing sentencing for homosexuals in part due to his belief that "...[homosexuals] can be reformed of their unnatural feelings." Tyxefone's wording made the death sentence unlawful for same-sex activity and being homosexual, and mandated that all provinces with such penalties re-enact them to be less severe. Tyxefone later on in his term mandated also that convicted homosexuals who were released undergo treatment for this, believing that this would ultimately serve to reform and prevent homosexuality in the Kingdom. This mandate went into effect in 1744–the mandate was repealed within three years, however.

Hiahl Treviasike Tyxefone

Hiahl Treviasike Tyxefone was the younger brother of Hiahl Nurhvo Tyxefone, and had wildly different views of homosexuality from his older brother. Although Hiahl Treviasike was not a royalist, nor was he a member of the by-then-extant Royalist Party, he was much harsher on perceived homosexuals and other members of the LGBT community. He considered such people to be wholly irredeemable, and in 1747 one of his first actions was to invalidate his older brother's mandate of 1744. The mandate had stood for only three years, and subsequently penalties reverted to their forms before it. Treviasike was also responsible for the first apparent purges of homosexuals in the government; in 1766 Treviasike received a report which said that approximately 100 homosexuals and suspected homosexuals in government had been outed and removed from their positions discreetly. How many of these people were actually homosexuals is subject to a great deal of debate among government historians, as it seems likely that to an extent the purges were really just an excuse for the Treviasike government to rid itself of people who were not royalists. Many of the documents which "proved" the homosexuality of the accused have been lost to time, and some were reportedly shredded by the government after the ousting of accused persons.

Rogdin Lunaerterijalis

Rogdin Lunaerterijalis was not particularly for or against LGBT rights, and under him there were no changes to official policy. However, there were large changes in the field of LGBT advocacy. In 1798 the Isene Society, a secret society of LGB Yaraans which sought to gain equal rights for LGB persons in the Kingdom, was established in Drzseil. The Isene Society was largely underground in its early years, aiming to remain in the shadows but also to make an effort to influence policy locally and eventually nationally, but by 1806 the Isene Society had become the target of the Kryfona government under Lunaerterijalis–although Lunaerterijalis himself did not direct the efforts and likely was not aware of them at all. Also in 1806, the lesbian Sargozina Society was established in Hiy, in the Kryfona Tuskze.

Modern Kryfona kings

Trenjiasov Mikoszaakide

Trenjiasov Mikoszaakide

References

Legal citations

  1. Azalye Ixse Anorye v. Province of Azsaeh APC V 321/C 89 (1985)
  2. 2.0 2.1 2.2 Anorye v. Province of Azsaeh HC V 701/C 299 (1986)
  3. 3.0 3.1 Ozsoneyek Lazsyw v. Province of Taharlsqov TFC V 164/C 113 (1921)
  4. 4.0 4.1 4.2 Lazsyw v. Province of Taharlsqov HC V 493/C 114 (1922)
  5. 5.0 5.1 Tavarys v. Cazje General Hospita HC V 579/C 63 (1963)
  6. Vahays v. Ozinejs Hospital South HC V 579/C 114 (1964)

Act citations

  1. 1.0 1.1 1.2 Hate and Discrimination Based Crimes Act, Nat.L. V 139/L 29 Sta. 23-199 (1983)
  2. Szaras Equal Housing Act, Szar.L. V 78/L 10 Sta. 8-57 (1873)
  3. Housing Reform Act, 1875, Seuy.L. V 73/L 59 Sta. 75-430 (1875)
  4. Yaraan Housing Reform Act, 1875, Yar.L. V 70/L 43 Sta. 49-129 (1875)
  5. Yaraan Housing Reform Act, 1886, Yar.L. V 73/L 87 Sta. 92-377 (1886)
  6. Reriskzeiy Housing Equality Act, Rskz.L. V 72/L 11 Sta. 67-182 (1889)
  7. Lawvsgara Housing Reform Act, Lawv.L. V 109/L 38 Sta. 100-492 (1889)
  8. Lawvsagara Housing Neutrality Act, Lawv.L. V 109/L 92 Sta. 209-849 (1890)
  9. Equal Housing Act and Reform Bill, Vrlx.L. V 103/L 73 Sta. 58-229 (1894)
  10. Provincial Housing Reform Act, Taub.L. V 99/L 84 Sta. 149-620 (1897)
  11. Yaravneid Housing Discrimination Act, Yarv.L. V 103/L 22 Sta. 29-114 (1898)
  12. Tvaqyr did so by a city council vote of 7-2 in 1894, Rszei did so by a city council vote of 4-1 in 1896, Galaszyz did so through a city referendum which passed 59-41 in 1899, and Czuryunl did so in 1901 by a city council vote of 5-0.
  13. The General Rights Act of 1903, Nat.L. V 119/L 9 Sta. 13-95 (1903)
  14. The General Rights Act, 1903 states:
    ...no Kryfona [citizen] shall be discriminated against in their public or private housing on the basis of ... sexual orientation, nor shall such information be required to be divulged by them in order to acquire or be considered for housing, nor shall they be evicted or otherwise kept from acquiring housing that they are or are to be residents of solely on the basis of ... sexual orientation;
  15. Lesbian Adoption Act, Vrlx.L. V 109/L 79 Sta. 82-291 (1917)
  16. Lesbian Adoption Amendment Act, Vrlx.L. V 109/L 174 Sta. 188-579 (1918)
  17. Rsza Adoption Act, Rsza.L. V 99/L 94 Sta. 106-441 (1908)
  18. Lesbian Adoption Act, Izlh.L. V 83/L 82 Sta. 86-159 (1908)
  19. Adoption Amendment Act, Izlh.L. V 83/L 183 Sta. 194-343 (1909)
  20. Reriskzeiy Adoption Reform Act, 1908, Rskz.L. V 84/L 83 Sta. 92-531 (1908)
  21. Second Reriskzeiy Adoption Reform Act, 1908, Rskz.L. V 85/L 2 Sta. 2-17 (1908)
  22. Yaraa Adoption Reform Act, Yar.L. V 89/L 13 Sta. 18-64 (1909)
  23. Seuyastazal Adoption Reform Act, Seuy.L. V 96/L 64 Sta. 73-437 (1913)
  24. Moral and National Protection Act, Azs.L. V 91/L 98 Sta. 108-983 (1916)
  25. Act for Provincial and Social Protection, Psja.L. V 99/L 32 Sta. 42-128 (1916)

References

  1. Turkozs, VELZYS: A Victory for the Transgendered, for the Intersex, and for Gender Identity. Nylzsryfa. 4 August, 1983.
  2. Sayom, MARIJANA: HDBCA passes Kryfonsparliszaiye with flying colors, Nylzsryfa. 4 August, 1983
  3. Heskezsli, VEREJE SALGA: Transgender rights win as HDBCA clears Kryfonsparliszaiye vote, Czuryunla. 4 August, 1983
  4. Sazsra, GALZENA: Revisiting Anorye v. Province of Azsaeh, Twenty Years On. Areimsedeza. 22 August, 2006.
  5. Kehenszyk, ASZUZSEMENY: Homosexual denied service by Reasz hospital. Reasza. 13 April, 1921.
  6. 6.0 6.1 6.2 6.3 Kehenszyk, ASZUZSEMENY: Lawsuit goes forward in Reasz health discrimination case. Reasza 9 July, 1921.
  7. Kehenszyk, ASZUZSEMENY: Taharlsqov decision decried as partisan by Isene and Sargozina societies. Reasza 4 September, 1921.
  8. Birza-Gemensza, LASZRI: Isene Society vows to appeal ruling in Taharlsqov case. Nylzsryfa 4 September, 1921.
  9. Birza-Gemensza, LASZRI: High Court takes on appeal of Taharlsqov discrimination case. Nylzsryfa 18 December, 1921.
  10. Sele, MEKUSZIKA: Far-Right Protests High Court Judgement. Elesaqaza. 3 May, 1922.
  11. Tuszankan, VAYRO: Tauba governor Nalaze Birze: 'High Court ruling is a shameful ruling'. Tauba Weekly. 2 May, 1922.