LGBT rights in the Northern Mariana Islands

From Wikipedia, the free encyclopedia
Jump to: navigation, search
LGBT rights in Northern Mariana Islands
Northern Mariana Islands
Same-sex sexual activity legal? Legal for both men and women since 1983
Gender identity/expression
Discrimination protections No
Family rights
Recognition of
relationships
Same-sex marriage since 2015
Adoption Since 2015

Lesbian, gay, bisexual, and transgender (LGBT) people in the Northern Mariana Islands face legal challenges and discrimination not faced by other people. The territory has no hate crimes statute, but same-sex marriage became legal with the Supreme Court's ruling on Obergefell v. Hodges.

Law regarding same-sex sexual activity[edit]

Same-sex sexual activity has been legal in the Northern Marianas since 1983.[1] Any person who participates in an act of sodomy or oral sex with a person under eighteen years of age is subject to punishment by imprisonment for not more than five years.[2]

Recognition of same-sex relationships[edit]

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.[3] 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..."[4] Statutes concerning divorce assume that the partners to a marriage are man and wife.[5][6]

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 the Northern Marianas.[7]

Summary table[edit]

Same-sex sexual activity legal Yes Since 1983
Equal age of consent Yes Since 1983
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No
Same-sex marriages Yes Since 2015
Recognition of same-sex couples Yes Since 2015
Step-child adoption by same-sex couples Emblem-question.svg
Joint adoption by same-sex couples Emblem-question.svg
Gays and lesbians allowed to serve openly in the military Yes Since 2011
Right to change legal gender Yes [8]
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also[edit]

References[edit]

  1. ^ "Gay rights map: Notes on the data". BBC News. February 5, 2014. Retrieved November 3, 2014. 
  2. ^ Office of the Governor: Criminal Code, Section 407 et seq., accessed November 5, 2014
  3. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1205. Retrieved April 21, 2015. 
  4. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1201. Retrieved April 21, 2015. 
  5. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1331. 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 
  6. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1332. 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.... 
  7. ^ Wetzstein, Cheryl (October 8, 2014). "Gay marriages in Idaho put on hold by Justice Kennedy". Washington Times. Retrieved November 5, 2014. 
  8. ^ Vital Statistics Act of 2006, Public Law No. 15-50 of 2006 (in English). Retrieved on 12 August 2015.