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Same-sex marriage in the Northern Mariana Islands

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage in the Northern Mariana Islands was legalized by the United States Supreme Court's landmark Obergefell v. Hodges ruling on June 26, 2015, which found it unconstitutional to restrict same-sex marriage rights. On June 29, Governor Eloy Inos hailed the decision as "historic" in a statement and said he would work with the Attorney General and local officials in the Northern Mariana Islands to bring the U.S. territory into compliance.[1] Attorney General Edward Manibusan issued a memo on June 30 confirming that the territory is bound by the court decision, calling its statutes defining marriage between a man and a woman "illegal and unenforceable", and updating its marriage application to provide for same-sex couples.[2][3]

History

Recognition of same-sex relationships in Oceania
  Marriage
  Marriages performed elsewhere are recognized (American Samoa)
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples (Palau, Tuvalu)
  Same-sex sexual activity illegal, but ban not enforced
  Same-sex sexual activity illegal
(Country names will appear with mouse-overs when map is viewed at full size. Encircling lines are the exclusive economic zones of each state.)

There is no prohibition on same-sex marriage in the law of the territory, nor do the statutes specify the sex of the parties to a marriage between citizens of the Northern Mariana Islands.[4] Other provisions assume the parties to a marriage are not of the same sex. With respect to a marriage involving one or more non-citizens, the statutes say: "The male at the time of contracting the marriage be at least 18 years of age and the female at least 16 years of age..."[5] Statutes concerning divorce assume that the partners to a marriage are man and wife.[6][7]

In December 2004, the Northern Mariana Islands House of Representatives voted 15–0 with 1 abstention in favor of a constitutional amendment banning same-sex marriage.[8][9] The constitutional amendment, however, failed to pass the Senate.

Decisions of the Ninth Circuit Court of Appeals that found same-sex marriage bans in Nevada and Idaho unconstitutional were binding precedent on federal courts in the Northern Marianas before Obergefell v. Hodges.[10] However, between October 2014 when the precedent came into effect, and June when the Supreme Court struck down all bans, no same-sex couple had filed suit in the District Court for the Northern Mariana Islands to force the issue.

Marriage statistics

The Public Law 4-11 (Template:Lang-ch; Carolinian: Alléghul Toulap 4-11) permits the Governor and local mayors to issue marriage licenses to "two noncitizens or between a noncitizen and a citizen". Since the legalization of same-sex marriage in June 2015, the Northern Mariana Islands has become a popular marriage destination for foreign same-sex couples, especially among Chinese tourists.

Saipan Mayor David Apatang conducted the first same-sex marriage in the territory on July 22, 2015, saying it was his "legal obligation" to perform the union. He said he was following the June 30 memorandum issued by the Attorney General. An updated version of the Northern Mariana Islands' marriage form provided by the Attorney General's office was used for the couple.[3][11] By late August 2015, Apatang had performed three same-sex marriages.[12]

12 same-sex couples married in 2015. By December 13, 2016, 25 couples had wed in Saipan. Most couples were from China, but there were also couples from South Korea and the Philippines.[13]

14 same-sex marriages were performed in Saipan between January 1 and March 15, 2017.[14][15] 88 same-sex marriages were performed in Saipan in all of 2017. Of these, 63 were between women and 25 between men.[16]

The first same-sex marriage in Tinian was performed on June 24, 2017.[17][18][19]

90 same-sex marriages were performed in Saipan in the first half of 2018. Of these, 61 were between women and 29 between men.[20] Same-sex marriages accounted for 77% of all marriages performed on the island during that time (there were 27 opposite-sex marriages, for a total of 117 marriages). Most couples came from China, but there were also Russians, South Koreans and Bangladeshis.

See also

References

  1. ^ Pinaroc, Joel (June 29, 2015). "Inos to initiate consultations with AG, mayors on same-sex ruling". Saipan Tribune. Retrieved June 29, 2015.
  2. ^ De La Torre, Ferdie (June 30, 2015). "AG says they will be working with Inos admin in drafting regs". Saipan Tribune. Retrieved June 30, 2015.
  3. ^ a b Todiño, Junhan (July 27, 2015). "Apatang officiates first same-sex marriage on Saipan". Marianas Variety. Retrieved July 27, 2015.
  4. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1205. Archived from the original on May 20, 2016. Retrieved April 21, 2015.
  5. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1201. Archived from the original on May 20, 2016. Retrieved April 21, 2015.
  6. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1331. Archived from the original on May 20, 2016. Retrieved April 21, 2015. A divorce from marriage may be granted ... for the following causes ... Willful neglect by the husband to provide suitable support for his wife when able to do so
  7. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1332. Archived from the original on May 20, 2016. Retrieved April 21, 2015. In actions for dissolution of marriage, neither the domicile nor residence of the husband shall be deemed to be the domicile or residence of the wife....
  8. ^ House OKs ban on same-sex marriage Saipan Tribune
  9. ^ HLI 14-03
  10. ^ Wetzstein, Cheryl (October 8, 2014). "Gay marriages in Idaho put on hold by Justice Kennedy". Washington Times. Retrieved November 5, 2014.
  11. ^ "CNMI celebrates first gay marriage". Radio New Zealand. July 24, 2015.
  12. ^ Camacho, Jayson (August 25, 2015). "Number of same-sex marriages expected to grow". Saipan Tribune.
  13. ^ Todiño, Junhan (December 20, 2016). "Acting Saipan mayor happy for same-sex couples". Marians Variety.
  14. ^ Todiño, Junhan (March 28, 2017). "Saipan mayor has officiated at 14 same-sex marriages". Marianas Variety.
  15. ^ Todiño, Junhan (March 28, 2017). "Saipan Mayor's Office a hub for same-sex marriages". The Guam Daily Post.
  16. ^ Bautista, Kimberly (December 11, 2017). "Saipan sees 170-pct. increase in same-sex marriages". Saipan Tribune.
  17. ^ "Tinian mayor marries 1st LGBT couple". Saipan Tribune. June 27, 2017.
  18. ^ "CNMI's Tinian holds first same-sex marriage ceremony". Radio New Zealand. June 27, 2017.
  19. ^ "Tinian mayor marries Tinian's 1st gay couple". Marianas Variety. June 27, 2017.
  20. ^ Bautista, Kimberly (June 17, 2018). "Same-sex tourism still all the rage in CNMI". Saipan Tribune.
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