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]
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 | |
| 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 |
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 |
|---|---|---|---|---|---|---|---|
 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]
|
 New Zealand
|
Legal since 1986 + UN decl. sign.[1] |
Unregistered cohabitation since 2002; Civil unions since 2005 |
Legal since 2013[18]
|
Legal since 2013[18]
|
Since 1993; Includes transgender people[19]
|
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.[20][21]
|
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
|
Legal since 2010 + UN decl. sign.[22][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][23]
|
|
|
|
|
Limited protection following legal process by the authorities.[24]
|
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[25]
|
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 (Rarely enforced, legalization proposed). Female always legal[1]
|
|
|
|
|
|
|
 Solomon Islands
|
Illegal Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed).[1] |
|
|
|
Has no military | [26]
|
|
 Vanuatu
|
Legal (No laws against same-sex sexual activity have ever existed since independence[27]) + 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[28][29]
|
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[30]
|
|
|
 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[31]
|
|
|
 Nauru
|
Legal since 2016[32][33] + 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[28][29]
|
Bans some anti-gay discrimination[34][35]
|
Under the Vital Statistics Act of 2006
|
|
 Palau
|
Legal since 2014 + UN decl. sign.[36] |
|
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[28][29]
|
|
|
|
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(Unincorporated territory of the United States)[37] |
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.[38]
|
|
United States responsible for defense[28][29]
|
|
[39]
|
 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[40]
|
|
 Easter Island(Special territory of Chile) |
Legal since 1999 + UN decl. sign.[1] |
Civil unions since 2015[41]
|
Since 2022[42]
|
Since 2022[42]
|
Chile responsible for defence[43][44]
|
Bans all anti-gay discrimination[45] 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.[46] |
 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).[47] 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[48]
|
Legal since 2015[49]
|
UK responsible for defence
|
Constitutional ban on all anti-gay discrimination[50]
|
|
 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[51] 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[52] + 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
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- ^ a b "Marriage equality Bill officially signed into law". gaynz.com. 19 April 2013.
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