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Public Opinion

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History

Homosexual activity in Unity

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

Current status
Since May 22, 2008
Illegal (imprisonment as punishment)
While an autonomous region of Sudan, South Sudan passed The Penal Code Act, 2008. It removed the death penalty as a punishment for homosexual sex. However, homosexuality is still a crime punishable by imprisonment and possibly a fine.

Article 248 punishes "carnal intercourse against the order of nature" with up to 10 years imprisonment and the possibility of being liable to a fine.
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Jan 31, 1991–May 21, 2008
Illegal (death penalty as punishment)
In 1991, South Sudan was part of Sudan which had punished homosexuality with the death penalty.
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1899–Jan 30, 1991
Legal
While South Sudan was a part of Sudan when it was a colony, the Sudanese Penal Code of 1899 was passed. It criminalized “carnal intercourse against the order of nature” that wasn't consensual. South Sudan had no laws that criminalized consensual homosexual sex.
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Same-sex marriage in Unity

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Same-sex marriage in Unity is banned.

Current status
Since Jul 8, 2011
Banned
As homosexuality is a punishable offense, same sex marriage is also not legal
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Censorship of LGBT issues in Unity

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Censorship of LGBT issues in Unity is imprisonment as punishment.

Current status
Since Feb 10, 2009
Imprisonment as punishment
Discussions surrounding LGBTIQ+ topics are heavily restricted and subjected to harassment and violence by both state and non-state actors in South Sudan.

Additionally, the 2008 Penal Code criminalises “any male person who dresses or is attired in the fashion of a woman” in public with three months in prison under Section 379, effectively criminalising the gender expression of trans women and cross dressers.

Right to change legal gender in Unity

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Right to change legal gender in Unity is illegal.

Current status
Illegal
Legally no way to change gender and crossdressing is illegal.
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Gender-affirming care in Unity

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Gender-affirming care in Unity is restricted.

Current status
Since 1990
Restricted
In 1990, Sudan legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
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Legal recognition of non-binary gender in Unity

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

Current status
Not legally recognized
Not legally recognized.
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LGBT discrimination in Unity

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LGBT discrimination in Unity is no protections.

Current status
No protections
In South Sudan, neither sexual orientation nor gender identity is a protected class from discrimination.
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LGBT employment discrimination in Unity

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LGBT employment discrimination in Unity is no protections.

Current status
No protections
In South Sudan, neither sexual orientation nor gender identity is a protected class from employment discrimination.
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LGBT housing discrimination in Unity

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LGBT housing discrimination in Unity is no protections.

Current status
No protections
In South Sudan, neither sexual orientation nor gender identity is a protected class from housing discrimination.
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Same-sex adoption in Unity

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Same-sex adoption in Unity is unknown.

Current status
Unknown

Intersex infant surgery in Unity

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Intersex infant surgery in Unity is not banned.

Current status
Not banned
There is no ban on surgeries performed on intersex infants in South Sudan.
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Serving openly in military in Unity

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Serving openly in military in Unity is illegal.

Current status
Since Jul 9, 2011
Illegal
No protection granted as homosexuality is illegal
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Blood donations by MSMs in Unity

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Blood donations by MSMs in Unity is legal.

Current status
Since Jul 2014
Legal
In 2014, South Sudan's Blood Transfusion Services began using the WHO’s generic guidelines. The WHO's generic guidelines do not mention MSM blood donors.
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Conversion therapy in Unity

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Conversion therapy in Unity is not banned.

Current status
Not banned
Conversion therapy is legal in South Sudan.
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Equal age of consent in Unity

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Equal age of consent in Unity is n/a.

Current status
N/A
Homosexuality is currently illegal.
Sources:
(See sources listed for homosexual activity.)
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