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LGBTQ rights in Oceania

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LGBTQ 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

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]

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]

However, seven other countries and territories currently have unenforced criminal penalties for "buggery". [6] These are Kiribati, Niue, Papua New Guinea, Samoa, Solomon Islands, Tonga, and Tuvalu.

Legislation by country or territory

Main article: LGBT rights 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
Australia Australia
(including territories of
 Christmas Island, the
 Cocos (Keeling) Islands and
 Norfolk Island) 		Yes 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] 		Yes Unregistered cohabitation nationally since 2009;
Domestic partnerships in Tasmania (2004),[7] South Australia (2007),[8] Victoria (2008),[9] New South Wales (2010),[10] and Queensland (2012);[11]
Civil unions in the Australian Capital Territory (2012)[12] 		Yes Legal since 2017[13] Yes Legal nationwide since 2018 Yes Gay men and lesbians since 1992[14]; Transgender and intersex people since 2010[15] Yes Bans all anti-gay discrimination.[16] Yes 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.[17][18]
New Zealand New Zealand Yes Legal since 1986
+ UN decl. sign.[1] 		Yes Unregistered cohabitation since 2002;
Civil unions since 2005 		Yes Legal since 2013[19] Yes Legal since 2013[19] Yes Since 1993; Includes transgender people[20] Yes Bans all anti-gay discrimination Yes 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.[21][22]

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
Fiji Fiji Yes Legal since 2010
+ UN decl. sign.[23][1] 		No No No Yes Bans all anti-gay discrimination[1]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010
Indonesia Indonesia Yes Legal (except in Aceh)[1][24] No No No No Yes Limited protection following legal process by the authorities.[25] Yes Transgender people allowed to change legal gender, but only after sex reassignment surgery.
New Caledonia New Caledonia
(Special collectivity of France) 		Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[1] 		Yes Civil solidarity pact since 2009[26] Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Papua New Guinea Papua New Guinea No Male illegal
Penalty: 3 to 14 years imprisonment (Rarely enforced, legalization proposed).
Yes Female always legal[1] 		No No No No No No
Solomon Islands Solomon Islands No Illegal
Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed).[1] 		No No No Has no military No[27] No
Vanuatu Vanuatu Yes Legal
(No laws against same-sex sexual activity have ever existed since independence[28])
+ UN decl. sign.[1] 		No No No Yes Bans some anti-gay discrimination No

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 Guam
(Unincorporated territory of the United States) 		Yes Legal since 1978 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2002 Yes United States responsible for defense[29][30] Yes Bans some anti-gay discrimination Yes Allowed to legally change gender, but requires sex reassignment surgery Yes
Federated States of Micronesia Micronesia Yes Legal
+ UN decl. sign.[1] 		No No No Has no military Yes Bans all anti-gay discrimination[31]
Kiribati Kiribati No Male illegal
Penalty: 5-14 years imprisonment (Not enforced, Legalization proposed).
Yes Female legal[1] 		No No No Has no military Yes Bans some anti-gay discrimination No
Marshall Islands Marshall Islands Yes Legal since 2005
+ UN decl. sign.[1] 		No No No Has no military Yes Bans all anti-gay discrimination[32]
Nauru Nauru Yes Legal since 2016[33][34]
+ UN decl. sign. 		No No No Has no military No
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016 		No
Northern Mariana Islands Northern Mariana Islands
(Unincorporated territory of the United States) 		Yes Legal since 1983 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2015 Yes United States responsible for defense[29][30] Yes Bans some anti-gay discrimination[35][36] Yes Under the Vital Statistics Act of 2006 Yes
Palau Palau Yes Legal since 2014
+ UN decl. sign.[37] 		No No Constitutional ban since 2008 No Has no military No No
United States United States Minor Outlying Islands
(Unincorporated territories of the United States) 		Yes Legal Yes Yes Legal Yes Legal Yes United States responsible for defense[29][30] No No Yes

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
American Samoa American Samoa
(Unincorporated territory of the United States)[38] 		Yes Legal since 1980 No/Yes Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022. No/Yes Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022.[39] No Yes United States responsible for defense[29][30] No Yes[40]
Cook Islands Cook Islands
(Part of the Realm of New Zealand) 		Yes Legal since 2023
+ UN decl. sign.[1] 		No No No Yes New Zealand responsible for defence Yes Bans some anti-gay discrimination[41] No
Easter Island Easter Island
(Special territory of Chile) 		Yes Legal since 1999
+ UN decl. sign.[1] 		Yes Civil unions since 2015[42] Yes Since 2022[43] Yes Since 2022[43] Yes Chile responsible for defence[44][45] Yes Bans all anti-gay discrimination[46]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 		Yes Transgender persons can change their legal gender and name since 1974.
No surgeries or judicial order since 2019.[47]
French Polynesia French Polynesia
(Overseas collectivity of France) 		Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[1] 		Yes Since 2013 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Hawaii Hawaii
(Constituent state of the United States) 		Yes Since 1972 Yes Since 1997 Yes Since 2013 Yes Since 2012 Yes United States responsible for defence Yes Bans all anti-gay discrimination Yes
Niue Niue
(Part of the Realm of New Zealand) 		No Male illegal
Penalty: 5-10 years imprisonment. (Not enforced, Legalization proposed).[48]
Yes Female legal
+ UN decl. sign.[1] 		No No No Yes New Zealand responsible for defence
Pitcairn Islands Pitcairn Islands
(Overseas Territory of the United Kingdom) 		Yes Legal since 2001
+ UN decl. sign.[1] 		Yes Since 2015 Yes Legal since 2015[49] Yes Legal since 2015[50] Yes UK responsible for defence Yes Constitutional ban on all anti-gay discrimination[51]
Samoa Samoa No Male illegal
Penalty: 5-7 years imprisonment (Not enforced). Legalization proposed
Yes Female always legal
+ UN decl. sign.[1] 		No No No Has no military Yes Bans some anti-gay discrimination[52]
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 Tokelau
(Dependent territory of the Realm of New Zealand) 		Yes Legal since 2003[53]
+ UN decl. sign.[1] 		No No No Yes New Zealand responsible for defence No No
Tonga Tonga No Male illegal
Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed).
Yes Female always legal[1] 		No No No No No No
Tuvalu Tuvalu No Male illegal
Penalty: Up to 14 years imprisonment (Not enforced). Legalization proposed
Yes Female legal
+ UN decl. sign.[1] 		No No Consitutional ban since 2023 No Has no military Yes Bans some anti-gay discrimination
Wallis and Futuna Wallis and Futuna
(Overseas collectivity of France) 		Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[1] 		Yes Civil solidarity pact since 2009 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law


See also

[edit]

References

[edit]
  1. ^ a b c d e f g h i j k l m n o p q r s t u v w "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016. Retrieved 19 May 2016.
  2. ^ "Gay rights in the Pacific – what still needs to be done?". Asia Pacific Report. Pacific Media Centre. 30 August 2015. Retrieved 15 January 2018.
  3. ^ Gerber, Paula (14 May 2014). "Why the Pacific islands are no gay paradise". Monash University. Retrieved 15 January 2018.
  4. ^ a b c Smith, Harriet (31 October 2016). "Australia's marriage-equality debate reverberates through the Pacific". The Interpreter. Lowy Institute. Archived from the original on 15 June 2018. Retrieved 15 January 2018.
  5. ^ Hopgood, Sela Jane (18 August 2017). "Cooks bill puts spotlight on Pacific's anti-gay laws". Radio New Zealand Pacific News. Radio New Zealand. Retrieved 15 January 2018.
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  7. ^ "Relationships Act 2003". Tasmanian Legislation. Retrieved 14 September 2012.
  8. ^ "South Australia gays get new rights by Tony Grew (7 December 2006)". pinknews.com.au. Retrieved 3 September 2007.
  9. ^ Relationships Act 2008 (Vic)
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  12. ^ "Civil Unions Bill 2011". ACT Government. Retrieved 14 September 2012.
  13. ^ Chang, Charis (8 December 2017). "Same-sex marriage is now legal in Australia". news.com.au. Retrieved 8 December 2017.
  14. ^ "Australia Ends a Prohibition On Homosexuals in Military". query.nytimes.com. 24 November 1992.
  15. ^ Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
  16. ^ "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013". aph.gov.au.
  17. ^ "Change of sex". NSW Government. Archived from the original on 27 October 2021. Retrieved 24 May 2024.
  18. ^ McCormack, Madura (15 June 2023). "Qld passes laws to change gender on birth certificate without surgery". Courier Mail. Archived from the original on 21 July 2023. Retrieved 24 May 2024.
  19. ^ a b "Marriage equality Bill officially signed into law". gaynz.com. 19 April 2013.
  20. ^ Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
  21. ^ "New Zealand passes law making it easier to change sex on birth certificates". The Guardian. 9 December 2021.
  22. ^ "Births, Deaths, Marriages, and Relationships Registration Bill". New Zealand Parliament. Archived from the original on 5 December 2017. Retrieved 24 May 2024.
  23. ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Archived from the original on 22 August 2011. Retrieved 6 October 2011.
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  25. ^ Rongiyati, Sulasi (November 2015). "Surat Edaran Kapolri Tentang Ujaran Kebencian: Menjaga Kebebasan Berpendapat Dan Harmonisasi Kemajemukan" (PDF). Info Singkat. 7 (21): 1–4. ISSN 2088-2351.
  26. ^ "NEW CALEDONIA CATCHES UP TO FRANCE". Star Observer. 9 June 2009.
  27. ^ Verheyen, Vincent. "Sexual orientation [LGBTQ+] and the draft of the new Solomon Islands Constitution". Retrieved 3 March 2016.
  28. ^ "Submission to the UN Universal Periodic Review regarding the protection of the rights of LGBTI persons in Vanuatu" (PDF). Kaleidoscope Human Rights Foundation and the VPride Foundation. Retrieved 5 April 2021.
  29. ^ a b c d "In 60 days, gays will be allowed to serve openly in the military". CNN. 23 July 2011.
  30. ^ a b c d "Beginning today, transgender individuals can join the US military". ABC News. 1 January 2018.
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  32. ^ "GENDER EQUALITY ACT, 2019" (PDF). 2019. Archived from the original (PDF) on 11 January 2021. Retrieved 24 May 2024.
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  38. ^ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 19 February 2012. Retrieved 21 December 2008.
  39. ^ Sagapolutele, Fili. "American Samoa is lone US territory questioning gay marriage validity; no licenses sought". USNews. Retrieved 10 July 2015.
  40. ^ "American Samoa". National Center for Transgender Equality.
  41. ^ "Employment Relations Act 2012" (PDF). intaff.whupi.com. 2012.
  42. ^ "LEY-20830 21-ABR-2015 MINISTERIO SECRETARIA GENERAL DE GOBIERNO - Ley Chile - Biblioteca del Congreso Nacional". 21 April 2015.
  43. ^ a b Bonnefoy, Pascale; Londoño, Ernesto (7 December 2021). "Chile Legalizes Same-Sex Marriage at Fraught Political Moment". The New York Times. ISSN 0362-4331. Retrieved 7 December 2021.
  44. ^ (in Spanish) Claudio Ortiz Lazo. "Reflexiones en torno a la homosexualidad y fuerzas armadas". Revista Fuerzas Armadas y Sociedad. Retrieved 21 April 2012.
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  48. ^ "Criminal Law Code" (PDF). Niue Legislation 2019 Volume 1. p. 542.
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  53. ^ "Crimes, Procedure and Evidence Rules 2003". PacLii. Retrieved 9 April 2021.
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