Global InformationLGBT rights in Oceania information
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 | |
| Status | Legal, 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 identity | Legal in 3 out of 15 countries Legal in 7 out of 12 territories |
| Military | Allowed to serve openly in 2 out of 6 countries having an army Allowed in all 12 territories |
| Discrimination protections | Protected in 7 out of 15 countries Protected in 8 out of 12 territories |
| Family rights | |
| Recognition of relationships | Recognized in 2 out of 15 countries Recognized in 8 out of 12 territories |
| Restrictions | Same-sex marriage constitutionally banned in 1 out of 15 countries |
| Adoption | Legal 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]
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
|
|
- ^ 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.
- ^ "Gay rights in the Pacific – what still needs to be done?". Asia Pacific Report. Pacific Media Centre. 30 August 2015. Retrieved 15 January 2018.
- ^ Gerber, Paula (14 May 2014). "Why the Pacific islands are no gay paradise". Monash University. Retrieved 15 January 2018.
- ^ 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.
- ^ 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.
- ^ "Relationships Act 2003". Tasmanian Legislation. Retrieved 14 September 2012.
- ^ "South Australia gays get new rights by Tony Grew (7 December 2006)". pinknews.com.au. Retrieved 3 September 2007.
- ^ Relationships Act 2008 (Vic)
- ^ "Massive support for register". Star Observer. 13 May 2010. Retrieved 14 September 2012.
- ^ Agius, Kym (1 December 2011). "Bligh asks ALP to support gay marriage". Retrieved 14 September 2012.
- ^ "Civil Unions Bill 2011". ACT Government. Retrieved 14 September 2012.
- ^ Chang, Charis (8 December 2017). "Same-sex marriage is now legal in Australia". news.com.au. Retrieved 8 December 2017.
- ^ "Australia Ends a Prohibition On Homosexuals in Military". query.nytimes.com. 24 November 1992.
- ^ Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
- ^ "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013". aph.gov.au.
- ^ [1]
- ^ [2]
- ^ Hoppe, Sascha (8 March 2023). "Spartacus Gay Travel Index 2023". Spartacus Gay Travel Blog. Retrieved 31 March 2023.
- ^ https://coupleofmen.com/30516-spartacus-gay-travel-index-2023/
- ^ a b "Marriage equality Bill officially signed into law". gaynz.com. 19 April 2013.
- ^ Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
- ^ "New Zealand passes law making it easier to change sex on birth certificates". The Guardian. 9 December 2021.
- ^ "Births, Deaths, Marriages, and Relationships Registration Bill - New Zealand Parliament". www.parliament.nz.
- ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Archived from the original on 22 August 2011. Retrieved 6 October 2011.
- ^ "Satpol PP Palembang, Ungkap Sering Temukan Pasangan LGBT, Tapi Sulit Ditindak". Sripoku.com. 6 February 2020.
- ^ 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.
- ^ "NEW CALEDONIA CATCHES UP TO FRANCE". Star Observer. 9 June 2009.
- ^ Verheyen, Vincent. "Sexual orientation [LGBTQ+] and the draft of the new Solomon Islands Constitution". Retrieved 3 March 2016.
- ^ "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.
- ^ a b c d "In 60 days, gays will be allowed to serve openly in the military". CNN. 23 July 2011.
- ^ a b c d "Beginning today, transgender individuals can join the US military". ABC News. 1 January 2018.
- ^ "cfsm.fm" (PDF). www.cfsm.fm.
- ^ "GENDER EQUALITY ACT, 2019" (PDF). Retrieved 10 January 2021.
- ^ "Nauru decriminalises homosexuality". 27 May 2016.
- ^ "Crimes Act 2016". ronlaw.gov.nr.
- ^ "CHAPTER 90-40 MARIANAS VISITORS AUTHORITY PERSONNEL REGULATIONS" (PDF).
- ^ "TITLE 10 CIVIL SERVICE COMMISSION" (PDF).
- ^ "Palau decriminalises sex between men".
- ^ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 19 February 2012. Retrieved 21 December 2008.
- ^ Sagapolutele, Fili. "American Samoa is lone US territory questioning gay marriage validity; no licenses sought". USNews. Retrieved 10 July 2015.
- ^ "American Samoa". National Center for Transgender Equality.
- ^ "Employment Relations Act 2012" (PDF). intaff.whupi.com. 2012.
- ^ "LEY-20830 21-ABR-2015 MINISTERIO SECRETARIA GENERAL DE GOBIERNO - Ley Chile - Biblioteca del Congreso Nacional". 21 April 2015.
- ^ 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.
- ^ (in Spanish) Claudio Ortiz Lazo. "Reflexiones en torno a la homosexualidad y fuerzas armadas". Revista Fuerzas Armadas y Sociedad. Retrieved 21 April 2012.
- ^ Chile, C. N. N. "Histórico: Ejército admite por primera vez en sus filas a un hombre trans". CNN Chile (in Spanish). Retrieved 2 February 2021.
- ^ "Chile Congress passes anti-discrimination law". Jurist.org. 5 April 2012. Retrieved 29 June 2012.
- ^ "Chilean President Signs Transgender Rights Law". On Top Magazine.
- ^ "Criminal Law Code" (PDF). Niue Legislation 2019 Volume 1. p. 542.
- ^ "Pitcairn Island: Same Sex Marriage and Civil Partnership Ordinance 2015".
- ^ "Laws - PITCAIRN". gaylawnet.com.
- ^ "The Pitcairn Constitution Order 2010" (PDF). pitcairn.pn.
- ^ "Labour and Employment Relations Act 2013" (PDF). parliament.gov.ws.
- ^ "Crimes, Procedure and Evidence Rules 2003". PacLii. Retrieved 9 April 2021.