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Recognition of same-sex unions in Oceania

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

Debate has occurred throughout Oceania over proposals to legalize same-sex marriage as well as civil unions.

Currently two countries and seven dependent territories in Oceania recognize some type of same-sex unions. One Oceanian country, New Zealand,[nb 1] and seven territories, namely French Polynesia, Guam, New Caledonia, the Northern Mariana Islands, the Pitcairn Islands and Wallis and Futuna allow same-sex couples to legally marry. One country, Australia, recognizes unregistered cohabitation as well as six of its jurisdictions having some form of civil unions. Additionally, as a territory of Chile, Easter Island performs civil unions.

Current situation

National level

Status Country Legal since Country population
(Last Census count)
Marriage
(1 country) 		New Zealand New Zealand 2013[1] 4,242,048
Subtotal — — 4,242,048
(12.7% of the Oceanian population)
Unregistered cohabitation
(1 country) 		Australia Australia 2009[2][3] 21,507,717
Subtotal — — 21,507,717
(64.8% of the Oceanian population)
Total — — 25,749,765
(77.5% of the Oceanian population)
No recognition
( 11 countries)
Federated States of Micronesia Federated States of Micronesia — 135,869
Fiji Fiji — 856,346
Kiribati Kiribati — 96,335
Marshall Islands Marshall Islands — 73,630
Nauru Nauru — 12,329
Papua New Guinea Papua New Guinea — 5,172,033
Samoa Samoa — 179,000
Solomon Islands Solomon Islands — 494,786
Tonga Tonga — 106,137
Tuvalu Tuvalu — 11,146
Vanuatu Vanuatu — 240,000
Subtotal — — 7,377,611
(22.4% of the Oceanian population)
Constitutional ban on marriage
( 1 country) 		Palau Palau 2008[4][5] 19,409
Subtotal — — 7,397,020
(0.1% of the Oceanian population)
Total — — 7,397,020
(22.5% of the Oceanian population)

Sub-national level

Status Country Jurisdiction Legal since
Marriage
(7 jurisdictions)
France France 2013[6]
United Kingdom United Kingdom 2015[7]
United States United States Varies
Other type of partnership
(7 jurisdictions)
Australia Australia Varies
Chile Chile 2015
No recognition
(3 jurisdictions)
New Zealand New Zealand —
Legality of recognition ambiguous or unknown
(1 jurisdiction)
United States United States —

See also

Notes

  1. ^ Excluding Tokelau, Niue and the Cook Islands.

References

  1. ^ Marriage (Definition of Marriage) Amendment Act 2013
  2. ^ Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008
  3. ^ Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008
  4. ^ Constitutional proposal 2-274: Marriages between men and women only
  5. ^ The Rights and Liberties of the Palau Constitution by Kevin Bennardo
  6. ^ Template:Fr icon LOI n° 2013-404 du 17 mai 2013 ouvrant le mariage aux couples de personnes de même sexe
  7. ^ Same Sex Marriage and Civil Partnership Ordinance 2015
  8. ^ Chief Judge Frances M. Tydingco-Gatewood, District Court of Guam, Order and Opinion Re: Motion for Summary Judgement, Aguero v. Calvo Case 1:15-cv-00009, 8 June 2015
  9. ^ Hawaii Marriage Equality Act of 2013
  10. ^ De La Torre, Ferdie (30 June 2015). "AG says they will be working with Inos admin in drafting regs". Saipan Tribune. Retrieved 30 June 2015.
  11. ^ Civil Unions Act 2012
  12. ^ RELATIONSHIPS REGISTER ACT 2010
  13. ^ RELATIONSHIPS ACT 2011
  14. ^ Statutes Amendment (Domestic Partners) Act 2006
  15. ^ Statutes Amendment (Domestic Partners) Act (Commencement) Proclamation 2007
  16. ^ RELATIONSHIPS ACT 2003
  17. ^ PROCLAMATION UNDER THE RELATIONSHIPS ACT 2003 (S.R. 2003, NO. 174)
  18. ^ RELATIONSHIPS ACT 2008 (NO. 12 OF 2008)
  19. ^ Gonzales-Pagan, Omar. "No Same-Sex Couple Left Behind: SCOTUS Ruling for the Freedom to Marry Would Apply with Equal Force to U.S. Territories". Lambda Legal. Retrieved 1 July 2015.
  20. ^ "American Samoa is lone US territory questioning gay marriage validity; no licenses sought". U.S. News and World Report. 10 July 2015. Retrieved 10 July 2015.
  21. ^ "Same-sex marriage: American Samoa may be the only territory in the US where the historic Supreme Court ruling does not apply". The Independent. 10 July 2015. Retrieved 10 July 2015.
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