LGBT rights in Guam

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LGBT rights in Guam Guam
Same-sex sexual activity legal? Legal since 1979
Gender identity/expression Gender changes are legal in Guam[1]
Discrimination protections Yes, both sexual orientation and gender identity or expression (employment only)
Family rights
Recognition of
Same-sex marriage since June 9, 2015
Adoption Yes

Lesbian, gay, bisexual, and transgender (LGBT) people in Guam now have discrimination protections in employment and marriage as of August 12, 2015. Same-sex sexual activity has not been criminalized since 1978 and same-sex marriage is allowed since 2015. However, Guam lacks a hate crimes statute, but Federal law provides for hate crime coverage since 2009. Also Guam provides LGBT residents protection against discrimination since 2015. Since the 1990s, there has been a visible LGBT social scene, with a handful of nightclubs and social functions organized locally. Gender changes are also legal in Guam.[2]

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.[3]

Recognition of same-sex unions[edit]

Guam became the first overseas territory of the United States to recognise and perform same-sex marriages in June 2015. On June 5, 2015, Chief Judge Frances Tydingco-Gatewood of the United States District Court for the District of Guam ruled Guam's prohibition on same-sex couples marrying is unconstitutional. She cited the Ninth Circuit Court of Appeals decision in Latta v. Otter striking down identical bans in Idaho and Nevada.[4]

In 2009, a measure was introduced into the Legislature of Guam that would have given same-sex couples some of the same legal rights and responsibilities as opposite-sex married couples.[5] It was not voted on.[6]

Guam began recognizing and performing same-sex marriages on June 9, 2015, following a ruling of the District Court of Guam on June 5, 2015 striking down the territory's prohibition of same-sex marriage.[7][8][9] Guam repealed its discriminatory statutory language after passing Bill 119-33 on August 11, 2015.[10]

Discrimination and hate crimes[edit]

Bill 102-33 bans discrimination based on sexual orientation and gender identity or expression in employment.[11] Federal law covers hate crimes on both sexual orientation and gender identity since 2009, under the federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

Gender identity or expression[edit]

Gender changes are legal in Guam.[12]

Summary table[edit]

Same-sex sexual activity legal Yes Since 1978
Equal age of consent Yes Since 1978
Anti-discrimination laws in employment Yes
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No / Yes (covered by Federal hate crimes law since 2009)
Same-sex marriages Yes Since 2015
Recognition of same-sex couples Yes Since 2015
Step-child adoption by same-sex couples Yes Since 2002[citation needed]
Joint adoption by same-sex couples Yes Since 2002[citation needed]
Gays and lesbians allowed to serve openly in the military Yes Since 2011
Right to change legal gender Yes[13]
Access to IVF for lesbians Yes
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No