LGBT rights in Oceania

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Oceania
  Same-sex marriage
  Other type of partnership (or unregistered cohabitation)
  Limited recognition of same-sex marriages at the federal level, no territory level recognition
  No recognition
  Same-sex sexual activity illegal

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: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Australia Australia
(including territories of
 Christmas Island,
 Cocos (Keeling) Islands and
 Norfolk Island)
Yes Legal nationwide since 1994
+ UN decl. sign. (Age of consent discrepancy in Queensland only)
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[2] 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.[3] Yes[3]
New Zealand New Zealand Yes Legal since 1986

+ UN decl. sign.

Yes Unregistered cohabitation since 2001
Civil union since 2005.
Yes Legal since 2013[4] Yes Legal since 2013 for married couples and individuals (banned for unmarried and civil union couples regardless of sexual orientation)[4] 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: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
East Timor East Timor
(terminology "Oceania" varies on border definitions)
Yes Legal since 1975[5]
+ UN decl. sign.
No No No Emblem-question.svg No No
Fiji Fiji Yes Legal since 2010[6]
+ UN decl. sign.
No No No Emblem-question.svg Yes Bans some anti-gay discrimination[5] Emblem-question.svg
New Caledonia New Caledonia
(overseas collectivity of France)
Yes Legal 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)
Emblem-question.svg Female Unknown [5]
No No No No No No
Solomon Islands Solomon Islands No Illegal
(Up to 14 years imprisonment)[5]
No No No N/A No No
Vanuatu Vanuatu Yes Legal since 2007[5]
+ UN decl. sign.
No No No Emblem-question.svg No No

Micronesia[edit]

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Guam Guam
(unincorporated territory of the United States)
Yes Legal since 1979 No (proposed) No Yes Legal since 2002 Yes US responsibility Yes Bans all anti-gay discrimination, also 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
Federated States of Micronesia Federated States of Micronesia Yes Legal[5]
+ UN decl. sign.
No No No N/A Emblem-question.svg Emblem-question.svg
Kiribati Kiribati No Male illegal
Yes Female legal[5]
No No No N/A No No
Marshall Islands Marshall Islands Yes Legal since 2005[5]
+ UN decl. sign.
No No No N/A No
Nauru Nauru No Male illegal
Yes Female legal[5]
(legalisation proposed)
+ UN decl. sign.
No No No N/A No No
Northern Mariana Islands Northern Mariana Islands
(unincorporated territory of the United States)
Yes Legal since 1983 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 No Male illegal
Yes Female legal[5]
+ UN decl. sign.
No No No N/A No No

Polynesia[edit]

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
American Samoa American Samoa
(unincorporated territory of the United States)[7]
Yes Legal since 1980 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 1998 No (Pending) No (Pending) No Yes Chilean responsibility Yes Yes Since 2007
Cook Islands Cook Islands
(part of the Realm of New Zealand)
No Male illegal
Yes Female legal[5]
No No No Yes New Zealand's responsibility No No
French Polynesia French Polynesia
(overseas collectivity of France)
Yes Legal 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)
Hawaii Hawaii
(State of the United States United States)
Yes Legal since 1973 Yes Civil unions legal since 2012 Yes Legal since 2013 Yes Legal since 2012 Yes Since 2011 Yes Bans discrimination on the basis of sexual orientation Yes Bans discrimination on the basis of gender identity/expression
Niue Niue
(part of the Realm of New Zealand)
Yes Legal since 2007[5] 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 No No Yes Yes UK responsible for defence Yes Discrimination banned by the constitution[8] Emblem-question.svg
Samoa Samoa No Illegal + UN decl. sign. No No No N/A No Yes Samoa has a large transgendered or "third-gendered" community called the Fa'afafine. This is a recognized part of traditional Samoan customs, and usually refers to MTFs.
Tokelau Tokelau
(part of the Realm of New Zealand)
Yes Legal since 2007[5] No No No Yes New Zealand's responsibility No No
Tonga Tonga No Male illegal
(Penalty: Up to 10 years imprisonment, corporal punishment)
Yes Female legal[5]
No No No No No No
Tuvalu Tuvalu No Male illegal
(Penalty: Up to 14 years imprisonment)
Yes Female legal[5]
+ UN decl. sign.
No No No N/A No Emblem-question.svg
Wallis and Futuna Wallis and Futuna
(overseas collectivity of France)
Yes Legal 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. 
  2. ^ Marriage Amendment Act 2004
  3. ^ a b Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013
  4. ^ a b Marriage equality Bill officially signed into law, GayNZ.com, Retrieved 19 April 2013
  5. ^ a b c d e f g h i j k l m n o State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults
  6. ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Retrieved 6 October 2011. 
  7. ^ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 2012-02-19. Retrieved 21 December 2008. 
  8. ^ The Pitcairn Constitution Order 2010