LGBT rights in Guam

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LGBT rights in Guam Guam
Same-sex sexual activity legal? Legal since 1979
Gender identity/expression
Discrimination protections None
Family rights
Recognition of
No recognition of same-sex relationships
Adoption Yes

Lesbian, gay, bisexual, and transgender (LGBT) people in Guam face legal challenges and discrimination not faced by other people. Same-sex sexual activity is no longer criminalized, but the territory neither allows nor denies gays and lesbians the right to marry a same-sex partner. Guam lacks a hate crimes statute and provides LGBT residents no protection against discrimination. Since the 1990s, there has been a visible LGBT social scene, with a handful of nightclubs and social functions organized locally.

Laws regarding same-sex sexual activity[edit]

Private, adult, consensual and non-commercial homosexual acts have been legal in Guam since a reform of the criminal code in 1978.[1]

Recognition of same-sex unions[edit]

Guam does not specify the sex of parties to a marriage contract, but its laws imply that they are a man and a woman.

In 2009, a measure was introduced into the Guam Legislative body that would have given same-sex couples some of the same legal rights and responsibilities as opposite-sex married couples.[2] It was not voted on.[3]

Decisions of the Ninth Circuit Court of Appeals that found same-sex marriage bans in Nevada and Idaho unconstitutional are binding precedent on federal courts in Guam.[4]

Discrimination and hate crimes[edit]

Guam has no laws that address harassment or discrimination on the basis of sexual orientation or gender identity.


  1. ^ "Gay rights map: Notes on the data". BBC News. February 5, 2014. Retrieved November 3, 2014. 
  2. ^ "Guam Considers Recognizing Gay Unions". On Top Magazine. August 18, 2009. Retrieved July 6, 2012. 
  3. ^ Aguon, Mindy (February 24, 2011). "Gay community hopeful for Guam civil unions". Kuam News. Retrieved August 27, 2013. 
  4. ^ Wetzstein, Cheryl (October 8, 2014). "Gay marriages in Idaho put on hold by Justice Kennedy". Washington Times. Retrieved November 5, 2014.