LGBT rights in Oceania

Oceania is, like other regions, quite diverse in its laws regarding LGBT rights. This ranges from significant rights, including same-sex marriage – granted to the LGBT+ community in New Zealand, Australia, Guam, Hawaii, Easter Island, Northern Mariana Islands, Wallis and Futuna, New Caledonia, French Polynesia and the Pitcairn Islands – to remaining criminal penalties for homosexual activity in six countries and one territory.[1] Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBT+ communities.[2] This also leads to problems with healthcare, including access to HIV treatment in countries such as Papua New Guinea and the Solomon Islands where homosexuality is criminalised.[3]

LGBT rights in Oceania
  Marriage performed
  Recognition of marriages performed elsewhere in country (American Samoa)
  No recognition of same-sex couples
  Constitutional limit on marriage (Palau)
  Unenforced ban on same-sex sexual activity
StatusLegal, with an equal age of consent, in 9 out of 15 countries
Legal, with an equal age of consent, in 11 out of 12 territories
Gender identityLegal in 3 out of 15 countries
Legal in 7 out of 12 territories
MilitaryAllowed to serve openly in 2 out of 6 countries having an army
Allowed in all 12 territories
Discrimination protectionsProtected in 7 out of 15 countries
Protected in 8 out of 12 territories
Family rights
Recognition of relationshipsRecognized in 2 out of 15 countries
Recognized in 8 out of 12 territories
RestrictionsSame-sex marriage constitutionally banned in 1 out of 15 countries
AdoptionLegal in 2 out of 15 countries
Legal in 7 out of 12 territories

The United Kingdom introduced conservative social attitudes and anti-LGBT laws throughout the British Empire, including its colonies throughout the Pacific Ocean.[4] This legacy persists in anti-LGBT laws found in a majority of countries in the subsequent Commonwealth of Nations. Opponents of LGBT rights in Oceania have justified their stance by arguing it is supported by tradition and that homosexuality is a "Western vice", although anti-LGBT laws themselves are a colonial British legacy.[4] Several Pacific countries have ancient traditions predating colonisation that reflect a unique local perspective of sexuality and gender, such as the fa'afafine in Samoa and fakaleiti in Tonga.[4][5]

Legislation by country or territory

Tables:

Australasia edit

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression Lack of a Presence of Anti-LGBT laws
  Australia
(including territories of
  Christmas Island, the
  Cocos (Keeling) Islands and
  Norfolk Island)
  Always legal for women. Male legal in some states and territories since 1975, nationwide since 1997. Tasmania was the last state to legalise male homosexuality; Equal age of consent in some states and territories since 1975, nationwide since 2016.
+ UN decl. sign.[1]
  Unregistered cohabitation nationally since 2009;
Domestic partnerships in Tasmania (2004),[6] South Australia (2007),[7] Victoria (2008),[8] New South Wales (2010),[9] and Queensland (2012);[10]
Civil unions in the Australian Capital Territory (2012)[11]
  Legal since 2017[12]   Legal nationwide since 2018   Gay men and lesbians since 1992[13]; Transgender and intersex people since 2010[14]   Bans all anti-gay discrimination.[15]   Different regulations within each jurisdiction on change of sex. NSW explicitly legally requires sexual reassignment surgery to change sex on a birth certificate, since 1996.[16][17]  [18][19]
  New Zealand   Legal since 1986
+ UN decl. sign.[1]
  Unregistered cohabitation since 2002;
Civil unions since 2005
  Legal since 2013[20]   Legal since 2013[20]   Since 1993; Includes transgender people[21]   Bans all anti-gay discrimination   Covered under the "sex discrimination" provision of the Human Rights Act 1993; From July 2023, change of sex on a birth certificate by self-determination.[22][23]  

Melanesia edit

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression Lack of a Presence of Anti-LGBT laws
  Fiji   Legal since 2010
+ UN decl. sign.[24][1]
          Bans all anti-gay discrimination[1]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010
   
  Indonesia   Legal (except in Aceh)[1][25]           Limited protection following legal process by the authorities.[26]   Transgender people allowed to change legal gender, but only after sex reassignment surgery.  
  New Caledonia
(Special collectivity of France)
  Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[1]
  Civil solidarity pact since 2009[27]   Legal since 2013   Legal since 2013   France responsible for defence   Bans all anti-gay discrimination   Under French law  
  Papua New Guinea   Male illegal
Penalty: 3 to 14 years imprisonment (Not enforced, Legalization proposed).
  Female always legal[1]
             
  Solomon Islands   Illegal
Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed).[1]
      Has no military  [28]    
  Vanuatu   Legal
(No laws against same-sex sexual activity have ever existed since independence[29])
+ UN decl. sign.[1]
          Bans some anti-gay discrimination    

Micronesia edit

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression Lack of a Presence of Anti-LGBT laws
  Guam
(Unincorporated territory of the United States)
  Legal since 1978   Since 2015   Legal since 2015   Legal since 2002   United States responsible for defense[30][31]   Bans some anti-gay discrimination   Allowed to legally change gender, but requires sex reassignment surgery  
  Micronesia   Legal
+ UN decl. sign.[1]
      Has no military   Bans all anti-gay discrimination[32]    
  Kiribati   Male illegal
Penalty: 5-14 years imprisonment (Not enforced, Legalization proposed).
  Female legal[1]
      Has no military   Bans some anti-gay discrimination    
  Marshall Islands   Legal since 2005
+ UN decl. sign.[1]
      Has no military   Bans all anti-gay discrimination[33]    
  Nauru   Legal since 2016[34][35]
+ UN decl. sign.
      Has no military  
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016
   
  Northern Mariana Islands
(Unincorporated territory of the United States)
  Legal since 1983   Since 2015   Legal since 2015   Legal since 2015   United States responsible for defense[30][31]   Bans some anti-gay discrimination[36][37]   Under the Vital Statistics Act of 2006  
  Palau   Legal since 2014
+ UN decl. sign.[38]
    Constitutional ban since 2008   Has no military      
  United States Minor Outlying Islands
(Unincorporated territories of the United States)
  Legal     Legal   Legal   United States responsible for defense[30][31]      

Polynesia edit

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression Lack of a Presence of Anti-LGBT laws
  American Samoa
(Unincorporated territory of the United States)[39]
  Legal since 1980  /  Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022.  /  Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022.[40]     United States responsible for defense[30][31]    [41]  
  Cook Islands
(Part of the Realm of New Zealand)
  Legal since 2023
+ UN decl. sign.[1]
        New Zealand responsible for defence   Bans some anti-gay discrimination[42]    
  Easter Island
(Special territory of Chile)
  Legal since 1999
+ UN decl. sign.[1]
  Civil unions since 2015[43]   Since 2022[44]   Since 2022[44]   Chile responsible for defence[45][46]   Bans all anti-gay discrimination[47]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021
  Transgender persons can change their legal gender and name since 1974.
No surgeries or judicial order since 2019.[48]
 
  French Polynesia
(Overseas collectivity of France)
  Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[1]
  Since 2013   Legal since 2013   Legal since 2013   France responsible for defence   Bans all anti-gay discrimination   Under French law  
  Hawaii
(Constituent state of the United States)
  Since 1972   Since 1997   Since 2013   Since 2012   United States responsible for defence   Bans all anti-gay discrimination    
  Niue
(Part of the Realm of New Zealand)
  Male illegal
Penalty: 5-10 years imprisonment. (Not enforced, Legalization proposed).[49]
  Female legal
+ UN decl. sign.[1]
        New Zealand responsible for defence      
  Pitcairn Islands
(Overseas Territory of the United Kingdom)
  Legal since 2001
+ UN decl. sign.[1]
  Since 2015   Legal since 2015[50]   Legal since 2015[51]   UK responsible for defence   Constitutional ban on all anti-gay discrimination[52]    
  Samoa   Male illegal
Penalty: 5-7 years imprisonment (Not enforced). Legalization proposed
  Female always legal
+ UN decl. sign.[1]
      Has no military   Bans some anti-gay discrimination[53]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2007
  Samoa has a large transgender or "third-gender" community called the fa'afafine. They are a recognized part of traditional Samoan customs.  / 
  Tokelau
(Dependent territory of the Realm of New Zealand)
  Legal since 2003[54]
+ UN decl. sign.[1]
        New Zealand responsible for defence      
  Tonga   Male illegal
Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed).
  Female always legal[1]
             
  Tuvalu   Male illegal
Penalty: Up to 14 years imprisonment (Not enforced). Legalization proposed
  Female legal
+ UN decl. sign.[1]
    Consitutional ban since 2023   Has no military   Bans some anti-gay discrimination    
  Wallis and Futuna
(Overseas collectivity of France)
  Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[1]
  Civil solidarity pact since 2009   Legal since 2013   Legal since 2013   France responsible for defence   Bans all anti-gay discrimination   Under French law  


See also edit

References edit

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