The Tom Kirby Act of 2015 ("Kirby Act" for short) is a piece of legislation that was first proposed on what would be referred to in Gerosha terminology as Earth-G-Nada, also known as Earth-33 in DC Comics and Earth-1218 in Marvel. It was suggested by Georgia state representative Tom Kirby that human-animal hybrid DNA should be outlawed, given the disturbing ability of scientists to enhance species of jellyfish by splicing certain human genes into them. The proposed legislation was quickly met with mockery from online skeptics, suggesting that Rep. Kirby had a grudge against fantastic creatures such as centaurs and mermaids. In Earth-G7, however, Rep. Kirby's proposed legislation passed and was made into a source of international legal precedent. The inhabitants of that universe would take the implications of the Kirby Act much more seriously.
History in Cataclysmic Gerosha
In Cataclysmic Gerosha, the Kirby Act exists for more reasons than just mutated jellyfish. It was pointed out successfully that the war between SCALLOP and the Hebbleskin Gang had caused needless suffering to Earth and its inhabitants. Phexos and Meethexos were being created solely to serve as super soldiers in an Earth theater of the ongoing Phaelon-Metheel War that began centuries ago. Their creation put a strain on families whose loved ones were abducted by both sides in the hopes of producing offspring capable of becoming the sorts of mutated specimens both sides hoped would turn the tide. Several established mutation types were already very prolific in having children of their own, leading to some cause of concern for population control.
Under Tom Kirby's legislation, further new types of Phexo and Meethexo creation research would be rendered illegal. SCALLOP would also be charged with the task of reining in the pre-existing creations for which it was responsible - and the eradication of Meethexos entirely. In spite still allowing Phexos to legally exist, Kirby's legislation was met with harsh criticism over concern that it would provide totalitarians already creeping into high positions in US government a blank check to abuse Kirby Act prospects to turn Phexos into political prisoners. Human rights concerns would be extremely difficult to address, let alone resolve.
Oppression of Phexos
The Phaelite Society of Earth was torn in two over the Kirby Act, with more Phaelites than ever defecting to the rogue Phaletori sect to rebel against this restriction to their experimentation power. The PSE members that chose to operate via SCALLOP did their best to comply with the law, however, ceasing the creation of any new Phexo varieties from being invented. This left them in charge of monitoring the activities of pre-existing Phexos, which put Phexos in general in danger of having their civil rights deprived.
As Phexos matured, many of them found integration into normal society difficult. However, attitudes about rejected Phexo types on Phaelon proved even worse than Earth attitudes. This led to certain types of Phexos on Phaelon being unable to function normally in Phaelite society. One village called Phaemer, near the massive metropolitan city of Dephinapolis, became a safe haven for outlawed Phexo varieties. In this community, they were free to find a purpose for their lives partially shielded from the persecution they faced in other cities. However, this came to a disastrous end when an aggressive sergeant (later major) in the military named Gosmerid decided to seize advantage of a Meethlite invasion into Phaemer Village as an excuse to eradicate the locals. A few of them did survive, though the village became a ghost town.
In 1997, a young Keet Kabo found herself forced to live on the streets of Dephinapolis. Being a Parakoid, she faced frequent discrimination when applying for jobs. Some of these acts of discrimination even resulted in threats of police being contacted on her. This led her in desperation to steal in order to eat, which in 2024 landed her a year in jail. Bart Chippen, a chilli pepper farmer able to produce his own chilli powder via his skin, was forced to survive performing menial labor in various restaurants. He had a tendency to get fired often; as he would be placed in impossible situations and his skin powder would contaminate food - making it almost too hot to eat. One of the few of these outlawed specimens to truly find acceptance in society on Phaelon was Jake Semical, whose stage name of DJ Jackal Semicolon earned him fame as a nightclub DJ.
To make matters worse, Earth grew increasingly difficult for Phexos and Marlquaanites both following the Great Marlquaan Storm of 2012. This event led to the creation of both the Gray Champion and Extirpon - along with a slew of other new beings that then had to learn to cope with their new abilities. The sheer chaos that broke out from this resulted in Angelo "Cocklebur" Abrami avenging his girlfriend after she was raped by a football player and the football player's uncle in the Mississippi state legislature tried to first discredit and later assassinate the girl to cover the story up. His revenge plot was elaborate, though he was caught by SCALLOP officials and deported back to Italy. This led to a long-standing resentment in Angelo toward SCALLOP. A public that was once completely apathetic about the existence of Phexos, Meethexos, and Marlquaanites; started to grow resentful toward their existence. Extirpon in particular began engaging in exploits that terrified individuals around the world - regardless of the fact that most of his targets had it coming.
This put pressure on SCALLOP to expand its operations. It was primarily beforehand a science, research, and development firm. It also specialized in military assistance, counseling and rehabilitation, and monitoring for Altered Humans. It's database was called the SCALLOP Database of Concern-Worthy Phaelite, Meethlite, and Marlquaanite Individuals (often shortened to "SDCPM".) Records were accessible only to SCALLOP personnel and anyone in the US government that had sufficient security clearance.
The expansion of operations, however, changed the database's name to the SCALLOP Database of Criminal Phexos and Marlquaanites, irritating SCALLOP officials as the new name ignored the very obvious threat Meethexos posed to the public. It was decided that the single "M" at the end referred to both. Rather than being treated as patients, monitored Altered Humans were treated as criminals that were on probation, whether they were aware of it or not. Some information remained private; though other data became public by way of legal obligation under the Kirby Act. Records that used to be formatted primarily as health memos were reworked as detailed rapsheets, often stating the subjects' otherwise-private mental health profiles alongside other issues.
This sparked some controversy as to the SDCPM violating privacy rights, since literally anyone could access the public-approved version of an SDCPM file and make assumptions about an individual for employment purposes based on otherwise-private health history notes. The ready availability of public access to records on Phexos and Marlquaanites that had faced actual capture by SCALLOP for any particular reason also sparked controversy, as some felt it demoted Altered Humans to the same social status as sex offenders. It was for this reason in particular that a young Candi Flippo was very nervous about her sister Miriam's hacking hobbies: Miriam's Inactive Centhuen Prototype DNA potential meant that she could be placed on the SDCPM if caught - a worse fate than what a hacker of her sort would normally face for the same offenses.
When Candi and Daniel fled from his house when they discovered it had been set on fire, they went in different directions. Candi was initially mistaken by police for the arsonist, and was arrested on the spot. Even though SCALLOP stayed out of her case on that issue, they still added a note of her case to the SDCPM. Per the Kirby Act, Candi's acquittal in juvenile court did not lead to her SDCPM juvenile record being expunged.
Before banning SCALLOP and declaring all Phexos to be kafirs, the regime of Halal Affadidah required SCALLOP to submit random summons for mandatory medical examinations to all Phexos still living inside Ameristani borders. Candi's notice was thrown out by Erin hap-hazardously, so Candi was not made aware of her required trip to Evansville. She was instead caught having sex with her boyfriend Donte by Marion Wevenil when she was supposed to be reporting in Evansville. Candi was arrested and spent two weeks in SCALLOP jail, while Donte was issued a warning due to the sexual impropriety of their relationship. The two would slip up a few more times, but not with as disastrous or embarrassing of consequences, before finally legalizing their marriage in Toklisana some time later.
Unaltered Humans of Interest targeted
As time went by, enforcement of the Kirby Act made matters even worse. Simply playing a role in helping a Phexo avoid doing anything that would get them in trouble was construed in some cases to be a crime in and of itself, leading to the SDCPM being abused to punish Unaltered Humans whose only crime was mere association with a Phexo or Marlquaanite. This led to former SCALLOP agent Hea Pang having to look over her shoulder constantly, as her loyalty to Team Gray proved increasingly a liability to her safety and that of her daughter. This also made things dangerous for Emily Cormier, who married Jeral while he was already a fugitive for destroying a city, multiple deaths involving Phaletori personnel, and even was suspected of the murder of his own parents. While Jack and Miranda were allowed to operate Team Jackrabbit early on with minimal interference, they were monitored from afar. Kyle Freneti and Charlotte Yamamura were similarly treated, but often given a free pass due to their role in protecting the border of Louisiana from Ameristani invasions.
However, the inclusion of Unaltered Humans of Interest (UHIs) to the SDCPM also meant a slippery slope; wherein which even certain UHIs who did not possess any known connection to a Phexo or Marlquaanite could also be monitored, harassed, face trumped-up allegations, or even be arrested by SCALLOP personnel. This led to some UHIs having options to choose whether they would prefer a SCALLOP process or normal legal due process, depending on which system they believed would yield their situation a more favorable outcome. Resources once devoted to scientific pursuit were instead re-purposed or sold off so SCALLOP could maintain the growing prison-industrial complex being required of it to house Phexos, Meethexos, Marlquaanites, and UHIs.
Aaron Stefflin was at one point badgered by SCALLOP for his heroic lengths in exposing Clyde Spendelworth, as well as for his familiarity with the Purge-Flare. He was never arrested; but remained a UHI for ten years afterward. Dolly and Jeraime Malestrom remained UHIs for most of their lives, given their intimate ties to both the Sodality via Dolly and the Hebbleskin Gang - via Jeraime having been at one point captured by them. Seth Lambrelli, Ron Barrin, and Stephanie Barrin also became UHIs over the Pilltar Program, in spite initially lacking ties to any strain of Altered Human. When Stephanie was arrested in 2017 for contempt of court, this particularly put her on SCALLOP's radar. Scott Morrisson was put on the SDCPM in spite never being captured, due to interest in how he could obtain Marlquaanite-like abilities without an actual Marlquaan bond. Such empowered demonic possession had not been observed by SCALLOP personnel before. Navyrope and Tiffany Sterlie were the most top-priority UHIs for a long time, given their discrediting of the FPB.
Beliah Amendments and the oppression of select Marlquaanites
Activities by the Sodality of Gerosha led to a paranoid Judge Terry Beliah fearing he'd be exposed fairly soon for having sold his daughter, Camille Beliah, into sexual slavery in southeast Asia. He'd seen what Extirpon could do, and badgered Darius Philippine into providing him with access to SDCPM private files on all Altered and Unaltered Humans of Interest on its list. One of his first legislated-from-the-bench amendments to the Kirby Act was that Extirpon specifically was no longer allowed to submit evidence in court against anyone. All evidence of any wrongdoing by anyone, if it could be demonstrated that Extirpon had brought it about, was to be inadmissible in court. He further added more and more amendments to essentially give a blank check to whatever remained of the Phaletori and Hebbleskin Gang - and even certain kinds of Marlquaanites that were favored by the Icy Finger. Yet, the writing specifically forbade the Sodality of Gerosha from having a right to assemble - even though they had been deputized beforehand. This placed the entire Sodality in legal limbo, requiring them to have to break the law in technicality in order to perform their duties and save innocents that were being abducted by Beliah's friends and by the Phaletori.
Further provisions meant that wartime immunities could be stripped from Sodality heroes at any point in time for any reason, including none. Prosecutors had free reign to charge any Sodality member with any crime, regardless the lack of evidence. In spite this persecution, the Sodality's numbers doubled. The forbidding of evidence submitted by Extirpon was quickly overturned after Beliah's death. However, the other amendments proved harder to overturn. While Phexos and related UHIs were targets, Beliah specifically went after Marlquaanites due to their likelihood of coming up with evidence to expose him - and delivering it before he had a chance to eradicate it.
Another provision was that travel restrictions could be placed on particular individuals of interest, regardless of whether or not they were suspected of any particular crime. During the Battle for Metheel, this was particularly put into effect on the Sodality of Gerosha. Several of its members from the varying modalities had been abducted by King Morzhuk's forces. A remainder, with damaged methods of communication with SCALLOP, had to improvise a response and make travel arrangements that violated various Beliah Amendment protocols. SCALLOP decided to manage the Beliah Amendment enforcement programs, lest someone more corrupt and less friendly to the Sodality should abuse it to punish Sodality families excessively.
Given her involvement in the Senator Gobar affair, Ciem was not supposed to leave the state of Texas. She was in Louisiana to help Meerkat and Mukade maintain control of their region after Morzhuk attacked. She was later sent with permission to Metheel to finish the fight against Morzhuk. Upon return to her home in Texas, she was placed on a special ankle monitor system for a 5-year period of probation. Emeraldon was issued a warning that should he leave Texas again, the same would be done to him. Under tether, Candi was not to leave the greater Waco area. Brian Mizgel was made her probation officer; which she agreed to since they were good friends.
Meerkat and Mukade were flat-out forbidden, a few restrictions notwithstanding, from ever leaving Louisiana. Hea and Tabitha were generally forbidden under most circumstances from ever leaving Arkansas. Mapacha was similarly restricted in travel. Jackrabbit and Miranda were not allowed anywhere outside of Texas except for the Apache reservation they came from originally. Dolly was forbidden to leave the greater Houston area. Other Sodalists proved harder to capture and detain, meaning they remained under surveillance to a heavier degree.
Other heroes answered Angelo "Cocklebur" Abrami's call to flee to Italy and take refuge there, leading to the creation of the Sodality of Florence. However, they found themselves under surveillance from the Italian government. While not as oppressive, they still were not free to operate devoid of interference and red tape.
Exploitation by the Icy Finger
In 2026, the Phaletori and Icy Finger had managed to plant several key sleeper agents into positions of power within the Toklisanan government. They knew SCALLOP would act to protect the Sodality, so they set to work to very slowly discredit SCALLOP whilst also forcing SCALLOP to do their bidding. All Sodality members currently facing criminal charges were to be pursued in every part of the world in which SCALLOP had jurisdiction. All members that did not have any pending charges were to face trumped-up charges, or else be apprehended "for their own protection." Altered Humans and UHIs began being rounded up in mass droves the likes of which put the abductions by Beliah's zealots over five years before that to shame.
This led to the Sodality forming a response tactic. They would divide into two teams: one to argue against the Beliah Amendments and have them overturned in Toklisana; and another team to travel to Italy and learn what the Icy Finger was truly up to.
Team Spaghetti Liberation became fugitives: Pablo Ramirez, Anna Ramirez (wielding Hester's locket,) Gray Champion, Extirpon, Botan the Plant-Man, Purge-Flare, Sapphire King, Ron Barrin (with Pilltar,) and Black Rat dedicated themselves to defeating the Icy Finger and saving Italy and Mozambique. They were eventually joined by the Phaemer Village Peacekeepers, who were furious that Marblefaun had threatened the stability of all politics on Phaelon. This eventually meant that Spaghetti Liberation's fellowship was joined by Keet Kabo, Time Capsule, the Socratic, and Jackal Semicolon.
The other team became known as Caged Dove, based on the likelihood that they would be arrested for their protest and positions. Navyrope was put into hiding by the Navyrope Foundation, which surrendered Tiffany Sterlie and Jordan Sterlie to SCALLOP for safekeeping. Jordan was placed in the SCALLOP Juvenile Containment Center, in the wing for Unaltered Humans of Interest. Tiffany was placed in solitary inside a modified water tower, given how unique her circumstances were. Meerkat and Mukade were once again warned not to leave Louisiana.
Hea Pang was charged with aiding and abetting Gray's escape, and was arrested not far from her home. She was sentenced to do time at the SCALLOP Women's Containment Center, but was later paroled following the Icy Finger's attack on the Juvenile Center - and subsequent takeover of SCALLOP's prison-industrial complex by the state of Texas. Tabitha was sent to the SJCC along with Swappernetters Sarah Ruben and Tobias Reno. She looked after Frank McArthur as often as possible, who was placed in the daycare wing for really young children of adult offenders. This was to ensure he would not be kidnapped by CPS and placed in a foster home, which would all but guarantee that his parents never saw him again. Candi had to drive her car erratically to protect herself and Frank from being placed in an MPF by her Icy Finger pursuers, prompting her tether blinking yellow. After several unanswered phone calls, she alerted Brian at the Waco Wonder Wash that the only way she saw to protect her son was to have her tether set to "South Pole," a practice of questionable ethical nature often called "S'Poling" for short. Due to Beliah Amendment provisions, Donte's defense of his house led to him being taken to the SCALLOP Men's Containment Center. Candi was arrested outside the laundromat and taken to the SWCC. Dolly was arrested at her home after she was S'Poled for no clearly-given reason. Like with Candi, it was her off-the-grid activities during the Battle for Metheel that got her in trouble.
Tabitha and Marge attempted to get caught committing very minor offenses, to protect Marge's modeling career and to ensure Tabby would be placed somewhere safer than the street. However, the plan backfired when Icy Finger agents identified Tabby and saw her with the Pusher's Ruby. Her stunts to elude capture led to her being caught by police trying to pawn off the Pusher's Ruby to a shop in a mall. Marlquaanite ruby possession by minors - and by others not pre-approved for possession in the Beliah Amendments - was a misdemeanor. Worse, her attempt to sell was a felony. She was unaware of this, but was charged anyway. This all but ensured after the SJCC was attacked that she would face a longer sentence after being transferred to a state-run juvenile center. To her luck, her Swappernetter friend Sarah was given the same sentence and cell. So she'd have trustworthy company.
Pam and Wilfredo Opendi were apprehended outside their home simply for their affiliation with Extirpon. However, they were paroled after only one week since it could not be proven they had played any role in Eric fleeing to Italy. Since Wilbur Brocklyn was a core founder of the Sodality Church, he was captured by SCALLOP to avoid him being assassinated by the Icy Finger - the latter of which wished to make an example out of him. Jack, Miranda, Michelle, and Angelo also faced frivolous arrests. Celia surrendered herself voluntarily, to take some of the heat off of Jordan. After the rebuilt Screwworm Network attacked the home of Stephanie and her new husband Jonathan, Stephanie was charged with arson and arrested in Houston. However, the trauma took a toll on her mental health. She eventually had to be transferred to a mental institution. Marina Baret and her family were given specific instructions by Lex Philippine to lay low while the Beliah Amendments were debated, in the hopes that Marina could avoid being incarcerated while the anti-Beliah side tried to have the amendments overturned.
An APB was put out for the arrest and capture of Sniperbadger. This led to Stung Hornet providing a distraction and getting herself sent to SWCC, while Agent Scratched Hen smuggled Miriam into China along with her family. Keet and Time Capsule were also captured after their pod crashed into a toolshed during a dogfight. However, both of them escaped custody after only a few days and joined Spaghetti Liberation.
Even with the Sodality at half-strength, the Icy Finger was unable to break their resolve. The attack on the SJCC led to SCALLOP paroling nearly every single inmate in its SMCC and SWCC centers, regardless of crime - lest mass unwarranted executions occur (or the Icy Finger win over superpowered recruits.) Nearly every Sodalist in custody was put into a sponsor home under house arrest, a sort of witness protection program. SCALLOP kept in contact with Sodalists so they could re-assemble in time for the Second Battle for Dephinapolis. Otherwise, those captive Sodalists were expected to semi-retire from superhero work for the duration of their parole periods.
A few exceptions were made to this rule: Tiffany was to lay low with the Navyrope Foundation until she had been completely forgotten about. Same with her son Jordan. Marge was sent to a minimum security center to spend her remaining months quietly, along with a lengthy probation period following. Mingmei, Celia, Tabitha, and Sarah were all sent to state-run facilities. Sarah quickly became Tabitha's best friend and guardian, as well as her teacher in the ways of the Swappernetters. Mingmei took it on herself to act as Celia's personal bodyguard at the Houston Female Correctional.
Perhaps the most unique exception was when SCALLOP smuggled Slip-Sadie over to Italy to join the Phaemer Village Peacekeepers. Sadie was welcomed to the team rather quickly, given her ability proved much more useful than Chipotle's; and would allow him to retire and focus on farming. The Sodality's defeat of the Icy Finger and Phaletori during the Second Battle for Dephinapolis all but destroyed the Phaletori on Earth, leaving only factions of them on Phaelon for the PhVP to deal with. The Icy Finger, now deprived of their supply of Marlquaanite rubies, was forced to rely on political corruption in Toklisana as a means to rebuild their power structure. Ultimately the Beliah Amendments were overturned. The Icy Finger viewed this as a minor setback, however. Since most of the Sodality was now under house arrest for the foreseeable future, their list of credible enemies was minimal.
Kirby Act statutes
- Neither SCALLOP, nor any other entity, is allowed to create any new sort of human-animal hybrid DNA in a lab from this day forward apart from what exists already.
- Attempts by any entity to create a new type of Genetically-Altered Human using animal DNA shall be guilty of a capital felony.
- The rights of pre-existing GAH individuals are to be monitored, regulated, etc.
- Those who have created such beings before this law's implementation are responsible for tracking and monitoring, to the best of their ability, the actions and opinions of any such beings that already exist.
- The actions of Unaltered Humans who are too close to an Altered are suspect, and subject to due investigation.
- Especially powerful Altered Humans of any nature require a strong means of holding accountable.
Beliah's amendments in a nutshell
- Meethexos are not to be considered any different than any Unaltered Human, unless seen cooperating in activity with a Phexo.
- Same deal with Meethex-1's.
- Marlquaanites may only come to exist via pre-approved parties and avenues.
- Emotion Battery type Marlquaanites are illegal.
- Extirpon-gathered evidence of anything is unreliable, and therefore inadmissible in court.
- Phexos' every action must be scrutinized heavily.
- The Sodalities of Gerosha and Florence are to be considered as corrupt, mafia-like organizations. Each member of them is on par with a mobster.
- Prosecutors are encouraged to take liberties when coming up with charges.
- Marlquaanites outside the approved venues may be apprehended via MPF devices and detained indefinitely, even without due cause.
- Allies of the Sodalities mentioned above are to be treated as suspects. Aiding and abetting in any way is illegal, and could lead to charges.
- "Nanny of the Week" article at Watchdog.org about Tom Kirby in February of 2015.