LGBT Rights in Kayah
State

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Public Opinion

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History

Homosexual activity in Kayah

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Homosexual activity in Kayah is illegal (imprisonment as punishment).

Current status
Since May 1, 1861
Illegal (imprisonment as punishment)
Section 377 of Myanmar's Penal Code states: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with transportation for life, or with imprisonment
of either description for a term which may extend to ten years, and shall also be liable to fine."
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Same-sex marriage in Kayah

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Same-sex marriage in Kayah is unrecognized.

Current status
Unrecognized
In Myanmar, there are no provisions recognising same-sex marriage, however the Special Marriage Act of 1872 does not explicitly ban it either.

However, the authorities intervened when a cis man married a trans woman in 2013.

Censorship of LGBT issues in Kayah

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Censorship of LGBT issues in Kayah is state-enforced.

Current status
Since Jan 2020
State-enforced
Since the 2020 coup, the government has been using the guise of anti terrorism laws to arrest LGBT activists and peaceful protesters.

Right to change legal gender in Kayah

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Right to change legal gender in Kayah is illegal.

Current status
Illegal
Myanmar does not allow individuals to change the gender assigned to them at birth.
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Gender-affirming care in Kayah

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Gender-affirming care in Kayah is restricted.

Current status
Since 1963
Restricted
1960s laws against sterilisation passed by a military dictatorship are used to severely limit access to gender affirming care.
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Legal recognition of non-binary gender in Kayah

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Legal recognition of non-binary gender in Kayah is not legally recognized.

Current status
Not legally recognized
Myanmar does not allow individuals to change the gender assigned to them at birth.
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LGBT discrimination in Kayah

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LGBT discrimination in Kayah is no protections.

Current status
No protections
There are no protections from discrimination provided to LGBTIQ+ people in Myanmar.
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LGBT employment discrimination in Kayah

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LGBT employment discrimination in Kayah is no protections.

Current status
No protections
Myanmar does not provide any protections against employment discrimination for LGBT individuals.
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LGBT housing discrimination in Kayah

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LGBT housing discrimination in Kayah is no protections.

Current status
No protections
There are no protections from discrimination in housing provided to LGBTIQ+ people in Myanmar.
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Same-sex adoption in Kayah

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Same-sex adoption in Kayah is single only.

Current status
Single only
Adoption criteria in Myanmar only allows for married couples (same sex marriage is not recognised) or single people to adopt.
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Intersex infant surgery in Kayah

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Intersex infant surgery in Kayah is not banned.

Current status
Not banned
Myanmar has not banned genital "normalisation" surgeries on intersex infants.
Sources:
www.state.gov/reports/2023-… - Section 6.6 paragraph 6
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Serving openly in military in Kayah

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Serving openly in military in Kayah is unknown.

Current status
Unknown

Blood donations by MSMs in Kayah

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Blood donations by MSMs in Kayah is legal.

Current status
Legal
MSMs are not mentioned in Myanmar's blood service's donor eligibility criteria.

Conversion therapy in Kayah

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Conversion therapy in Kayah is not banned.

Current status
Not banned
Myanmar law does not currently ban conversion therapy.
Sources:
www.state.gov/reports/2023-… - Section 6.6 paragraph 6
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Equal age of consent in Kayah

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Equal age of consent in Kayah is n/a.

Current status
Since May 1, 1861
N/A
Section 377 of the penal code prohibits same-sex sexual activity.
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