LGBT rights in Oceania

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LGBT rights in Oceania
Oceania
Oceania
Same-sex sexual activity legal? Legal in 7 out of 14 states
Legal in 10 out of 11 territories
Gender identity/expression Legal in 3 out of 14 states
Legal in 7 out of 11 territories
Military service Allowed to serve openly in 2 out of 6 states having an army
Legal in all 11 territories
Family rights
Recognition of
relationships
Legal in 2 out of 14 states
Legal in 4 out of 11 territories
Restrictions:
Same-sex marriage constitutionally banned in 0 out of 14 states
Adoption Legal in 2 out of 14 states
Legal in 4 out of 11 territories

Oceania is, like other regions, quite diverse in its laws regarding homosexuality. This ranges from significant rights granted to the LGBT community in e.g. marriage in New Zealand to remaining criminal penalties for homosexual activity in e.g. Kiribati and Nauru.[1]

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 LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Australia Australia
(including territories of
 Christmas Island,
 Cocos (Keeling) Islands and
 Norfolk Island)
Yes Legal in South Australia in 1972, in Victoria in 1981, New South Wales in 1983, Northern Territory in 1984, Western Australia in 1990, Queensland in 1991, Norfolk Island in 1993, and Tasmania in 1997
Legal in Christmas Island and Cocos (Keeling) Islands (Age of consent discrepancy in Queensland only)
+ UN decl. sign.[2]
Yes Unregistered cohabitation since 2009

Registered relationship schemes in ACT, Tasmania, Victoria, Queensland and New South Wales

No Banned federally under the Marriage Amendment Act 2004[3] Yes/No Single gay persons may adopt; joint adoption in ACT, New South Wales, Tasmania and Western Australia.

Stepchild adoption in Victoria. Banned in South Australia, Queensland and Northern Territory

Yes Since 1992 Yes Bans all anti-gay discrimination.[4] Yes[4]
New Zealand New Zealand Yes Legal since 1986
+ UN decl. sign.[2]
Yes Unregistered cohabitation since 2001
Civil union since 2005.
Yes Legal since 2013[5] Yes Legal since 2013 for married couples and individuals (banned for unmarried and civil union couples regardless of sexual orientation)[5] Yes Since 1993 Yes Bans all anti-gay discrimination Yes Covered under the "sex discrimination" provision of the Human Rights Act 1993 since 2006.

Melanesia[edit]

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB 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.[6][2]
No No No Emblem-question.svg Yes Bans some anti-gay discrimination[2] Emblem-question.svg
New Caledonia New Caledonia
(overseas collectivity of France)
Yes Legal
(no laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[2]
Yes PACS legal since 2009 Yes Legal since 2013 Yes Legal since 2013 Yes French responsibility Yes Bans all anti-gay discrimination Yes (Requires sterilization for change)
Papua New Guinea Papua New Guinea No Male illegal
Penalty: 3 to 14 years imprisonment (not enforced)
Yes Female always legal[2]
No No No No No No
Solomon Islands Solomon Islands No Illegal
Penalty: Up to 14 years imprisonment.[2]
No No No Has no military No No
Vanuatu Vanuatu Yes Legal since 2007
+ UN decl. sign.[2]
No No No Emblem-question.svg No No

Micronesia[edit]

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Guam Guam
(unincorporated territory of the United States)
Yes Legal since 1978
+ UN decl. sign.[2]
No (Proposed) No Yes Legal since 2002 Yes US responsibility Yes The US hate crime laws apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Federated States of Micronesia Federated States of Micronesia Yes Legal
+ UN decl. sign.[2]
No No No Has no military Emblem-question.svg Emblem-question.svg
Kiribati Kiribati No Male illegal
Penalty: 5-14 years imprisonment (not enforced)
Yes Female legal[2]
No No No Has no military No No
Marshall Islands Marshall Islands Yes Legal since 2005
+ UN decl. sign.[2]
No No No Has no military No
Nauru Nauru No Male illegal
Penalty: 3-14 years imprisonment (not enforced)
Yes Female legal
+ UN decl. sign.[2]
No No No Has no military No No
Northern Mariana Islands Northern Mariana Islands
(unincorporated territory of the United States)
Yes Legal since 1983
+ UN decl. sign.[2]
No No No Yes US responsibility Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Palau Palau Yes Legal since 2014
+ UN decl. sign.[7]
No No No Has no military No No

Polynesia[edit]

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB 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)[8]
Yes Legal since 1980
+ UN decl. sign.[2]
No No No Yes US responsibility Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Easter Island Easter Island
(overseas territory of Chile)
Yes Legal since 1999
+ UN decl. sign.[2]
Yes Civil unions since 2015. No (Pending) No (Pending) Yes Chile responsible to defence. Yes Yes Since 2007.
Cook Islands Cook Islands
(part of the Realm of New Zealand)
No Male illegal
Penalty: 5-14 years imprisonment (not enforced)
Yes Female legal
+ UN decl. sign.[2]
No No No Yes New Zealand's responsibility No No
French Polynesia French Polynesia
(overseas collectivity of France)
Yes Legal
(no laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[2]
Yes PACS legal since 2009 Yes Legal since 2013 Yes Legal since 2013 Yes French responsibility Yes Bans all anti-gay discrimination Yes (Requires sterilization for change)
Niue Niue
(part of the Realm of New Zealand)
Yes Legal since 2007
+ UN decl. sign.[2]
No No No Yes New Zealand's responsibility Emblem-question.svg Emblem-question.svg
Pitcairn Islands Pitcairn Islands
(overseas territory of the United Kingdom)
Yes Legal since 2001
+ UN decl. sign.[2]
No No No Yes UK responsible for defence Yes Discrimination banned by the constitution[9] Emblem-question.svg
Samoa Samoa No Male illegal
Penalty: 5-7 years imprisonment (not enforced)
Yes Female always legal
+ UN decl. sign.[2]
No No No Has no military No Yes Samoa has a large transgender or "third-gendered" community called the Fa'afafine. This is a recognized part of traditional Samoan customs, and usually refers to trans women.
Tokelau Tokelau
(part of the Realm of New Zealand)
Yes Legal since 2007
+ UN decl. sign.[2]
No No No Yes New Zealand's responsibility No No
Tonga Tonga No Male illegal
Penalty: Up to 10 years imprisonment and whipping (not enforced)
Yes Female always legal[2]
No No No No No No
Tuvalu Tuvalu No Male illegal
Penalty: Up to 14 years imprisonment (not enforced)
Yes Female legal
+ UN decl. sign.[2]
No No No Has no military No Emblem-question.svg
Wallis and Futuna Wallis and Futuna
(overseas collectivity of France)
Yes Legal
(no laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[2]
Yes PACS legal since 2009 Yes Legal since 2013 Yes Legal since 2013 Yes French responsibility Yes Bans all anti-gay discrimination Yes (Requires sterilization for change)


See also[edit]

References[edit]

  1. ^ "Avert.org – Age of Consent". Avert.org. N.A. Retrieved 21 December 2008.  Check date values in: |date= (help)
  2. ^ a b c d e f g h i j k l m n o p q r s t u v w x y State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults The International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2014
  3. ^ Marriage Amendment Act 2004
  4. ^ a b Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013
  5. ^ a b Marriage equality Bill officially signed into law, GayNZ.com, Retrieved 19 April 2013
  6. ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Retrieved 6 October 2011. 
  7. ^ Palau decriminalises sex between men
  8. ^ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 2012-02-19. Retrieved 21 December 2008. 
  9. ^ The Pitcairn Constitution Order 2010