LGBT rights in Oceania

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Oceania
  Same-sex marriage
  Other type of partnership (or unregistered cohabitation)
  No recognition
  Same-sex sexual activity illegal

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

Contents

Legislation by country or territory

Main article: LGBT rights 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.

 Yes Unregistered cohabitation since 2009

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

 X mark.svg (Proposed in NSW, ACT, Vic, SA and WA) Yes/No Single gay persons may adopt; joint adoption in ACT, New South Wales and Western Australia.

Stepchild adoption in Tasmania and Queensland.

 Yes since 1992 Yes Bans all anti-gay discrimination Yes Covered by all state and territory laws only.
New Zealand New Zealand Yes Legal since 1986

+ UN decl. sign.

 Yes Unregistered cohabitation since 2001
Civil union since 2005.		 Yes (from 19 August 2013)[2] Yes (from 19 August 2013) 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[3]
+ UN decl. sign.		 No No No Emblem-question.svg No No
Fiji Fiji Yes Legal since 2010[4]
+ UN decl. sign.		 No No No Emblem-question.svg Yes Bans some anti-gay discrimination[3] Emblem-question.svg
New Caledonia New Caledonia
(overseas collectivity of France)		 Yes Legal Yes PACS since 2009 Yes Since 2013 Yes Since 2013 Yes French responsibility Emblem-question.svg Emblem-question.svg
Papua New Guinea Papua New Guinea No Male Illegal
(Penalty: 3 to 14 years imprisonment)
Emblem-question.svg Female Unknown [3]		 No No No No No No
Solomon Islands Solomon Islands No Illegal
(Up to 14 years imprisonment)[3]		 No No No No No No
Vanuatu Vanuatu Yes Legal since 2007[3]
+ 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 since 2011 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[3]
+ UN decl. sign.		 No No No Yes since 2011 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
Kiribati Kiribati No Male illegal
Yes Female legal[3]		 No No No No No No
Marshall Islands Marshall Islands Yes Legal since 2005[3]
+ UN decl. sign.		 No No No Yes since 2011 No
Nauru Nauru No Male illegal
Yes Female legal[3]
(legalisation proposed)
+ UN decl. sign.		 No No No Yes Australia's responsibility No No
Northern Mariana Islands Northern Mariana Islands Yes Legal since 1983 No No No Yes since 2011 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[3]
+ UN decl. sign.		 No No No No 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)[5]		 Yes Legal since 1899 No No No Yes since 2011 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 Yes Yes since 2007
Cook Islands Cook Islands
(part of the Realm of New Zealand)		 No Male illegal
Yes Female legal[3]		 No No No Yes New Zealand's responsibility No No
French Polynesia French Polynesia
(overseas collectivity of France)		 Yes Legal Yes Yes Since 2013 Yes Since 2013 Yes French responsibility Emblem-question.svg Emblem-question.svg
Hawaii Hawaii
(State of the United States United States)		 Yes Legal since 1972 Yes Reciprocal beneficiary rights since 1997
civil union from 2012		 No Constitutional and statute ban since 1998 Yes Since 2012 (under civil union law) 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[3] No No No N/A Emblem-question.svg Emblem-question.svg
Pitcairn Islands Pitcairn Islands
(overseas territory of the United Kingdom)		 Yes Legal since 1967 No No Yes Yes Yes Discrimination banned by the constitution[6] Emblem-question.svg
Samoa Samoa No Illegal + UN decl. sign. No No No N/A No No
Tokelau Tokelau
(part of the Realm of New Zealand)		 Yes Legal since 2007[3] No No No N/A No No
Tonga Tonga No Male illegal
(Penalty: Up to 10 years imprisonment, corporal punishment)
Yes Female legal[3]		 No No No No No No
Tuvalu Tuvalu No Male illegal
(Penalty: Up to 14 years imprisonment)
Yes Female legal[3]
+ 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 since 2009 Yes Since 2013 Yes Since 2013 Yes French responsibility Emblem-question.svg Emblem-question.svg


See also [edit]

Portal icon LGBT portal
Portal icon Human rights portal
Portal icon Oceania portal

References [edit]

  1. ^ "Avert.org – Age of Consent". Avert.org. N.A. Retrieved 21 December 2008. 
  2. ^ Marriage equality Bill officially signed into law, GayNZ.com, Retrieved 19 April 2013
  3. ^ 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
  4. ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Retrieved 6 October 2011. 
  5. ^ "Sodomy Laws American Samoa". Sodomylaws.org. N.A. Retrieved 21 December 2008. 
  6. ^ The Pitcairn Constitution Order 2010
LGBT rights in Oceania
Sovereign states
Dependencies and
other territories
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