LGBT rights in Oceania

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LGBT rights in Oceania
Oceania (orthographic projection).svg
Oceania
Same-sex sexual intercourse legal status Legal in 8 out of 14 countries
Legal in 11 out of 12 territories
Gender identity/expression Legal in 2 out of 14 countries
Legal in 7 out of 12 territories
Military service Allowed to serve openly in 2 out of 6 countries having an army
Allowed in all 12 territories
Discrimination protections Protected in 6 out of 14 countries
Protected in 7 out of 12 territories
Family rights
Recognition of
relationships
Recognized in 2 out of 14 countries
Recognized in 8 out of 12 territories
Restrictions:
Same-sex marriage constitutionally banned in 1 out of 14 countries
Adoption Legal in 2 out of 14 countries
Legal in 7 out of 12 territories

Oceania is, like other regions, quite diverse in its laws regarding homosexuality. This ranges from significant rights granted to the LGBT community in New Zealand, Australia, Guam, Hawaii, the Northern Mariana Islands, Wallis and Futuna, New Caledonia, French Polynesia and the Pitcairn Islands to remaining criminal penalties for homosexual activity in 6 countries and one territory.[1] Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBTI communities.[2] This also leads to problems with healthcare, including access to HIV treatment in countries such as Papua New Guinea and the Solomon Islands where homosexuality is criminalised.[3]

The British Empire introduced conservative social attitudes and anti-LGBT laws throughout its colonies, including those located in the Pacific Ocean.[4] Opponents of LGBT rights in Oceania have justified their stance by arguing it is supported by tradition and that homosexuality is a "Western vice", despite anti-LGBT laws themselves being a colonial British legacy.[4] Several Pacific countries have ancient traditions predating colonisation that reflect a unique local perspective of sexuality and gender, such as the fa'afafine in Samoa and fakaleiti in Tonga.[4][5]

Oceania
  Same-sex marriage
  Other type of partnership (or unregistered cohabitation)
  Limited recognition of same-sex marriages at the federal level, no territory level recognition
  No recognition
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal

Legislation by country or territory

Tables:

Australasia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Australia Australia
(including territories of
 Christmas Island,
 Cocos (Keeling) Islands and
 Norfolk Island)
Yes Legal in some states and territories since 1975, nationwide since 1997
+ UN decl. sign.[1]
Yes Unregistered cohabitation nationally since 2009;
Domestic partnerships in Tasmania (2004),[6] South Australia (2007),[7] Victoria (2008),[8] New South Wales (2010),[9] and Queensland (2012);[10]
Civil unions in the Australian Capital Territory (2012)[11]
Yes Legal since 2017[12] Yes Legal in some states and territories since 2002, nationwide since 2018 Yes Since 1992[13] Yes Bans all anti-gay discrimination.[14] Yes Under state/territory laws. The ACT and SA do not require divorce and sex reassignment surgery to change sex on documents; NSW, VIC and QLD require only surgery; TAS, WA and NT require both divorce and surgery.[15][16] Forced divorce laws to expire on 9 December 2018.[14]
New Zealand New Zealand Yes Legal since 1986
+ UN decl. sign.[1]
Yes Unregistered cohabitation since 2002;
Civil unions since 2005
Yes Legal since 2013[17] Yes Legal since 2013[17] Yes Since 1993 Yes Bans all anti-gay discrimination Yes Covered under the "sex discrimination" provision of the Human Rights Act 1993

Melanesia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Fiji Fiji Yes Legal since 2010
+ UN decl. sign.[18][1]
No No No Emblem-question.svg Yes Bans all anti-gay discrimination[1] Emblem-question.svg
New Caledonia New Caledonia
(Special collectivity of France)
Yes Legal
(No laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[1]
Yes Civil solidarity pact since 2009[19] Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Papua New Guinea Papua New Guinea No Male illegal
Penalty: 3 to 14 years imprisonment (Not enforced).
Yes Female always legal[1]
No No No No No No
Solomon Islands Solomon Islands No Illegal
Penalty: Up to 14 years imprisonment (Not enforced).[1]
No No No Has no military No[20] No
Vanuatu Vanuatu Yes Legal since 2007
+ UN decl. sign.[1]
No No No Emblem-question.svg Yes Bans some anti-gay discrimination No

Micronesia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Guam Guam
(Unincorporated territory of the United States)
Yes Legal since 1978 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2002 Yes United States responsible for defense[21][22] Yes Bans some anti-gay discrimination Yes Allowed to change gender; require undergoing sex reassignment surgery
Federated States of Micronesia Micronesia Yes Legal
+ UN decl. sign.[1]
No No No Has no military Emblem-question.svg Emblem-question.svg
Kiribati Kiribati No Male illegal
Penalty: 5-14 years imprisonment (Not enforced).
Yes Female legal[1]
No No No Has no military Yes Bans some anti-gay discrimination No
Marshall Islands Marshall Islands Yes Legal since 2005
+ UN decl. sign.[1]
No No No Has no military No Emblem-question.svg
Nauru Nauru Yes Legal since 2016[23][24]
+ UN decl. sign.
No No No Has no military No No
Northern Mariana Islands Northern Mariana Islands
(Unincorporated territory of the United States)
Yes Legal since 1983 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2015 Yes United States responsible for defense[21][22] No Yes Under the Vital Statistics Act of 2006
Palau Palau Yes Legal since 2014
+ UN decl. sign.[25]
No No Constitutional ban since 2008 No Has no military No No
United States United States Minor Outlying Islands
(Unincorporated territories of the United States)
Yes Legal Yes Yes Legal Yes Legal Yes United States responsible for defense[21][22] No No

Polynesia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
American Samoa American Samoa
(Unincorporated territory of the United States)[26]
Yes Legal since 1980 No No[27] No Yes United States responsible for defense[21][22] No Yes[28]
Easter Island Easter Island
(Special territory of Chile)
Yes Legal since 1999;
Age of consent discrepancy
+ UN decl. sign.[1]
Yes Civil unions since 2015 No Pending No Pending Yes Chile responsible for defence Yes Bans all anti-gay discrimination Yes Since 2007
Cook Islands Cook Islands
(Part of the Realm of New Zealand)
No Male illegal
Penalty: 5-14 years imprisonment (Not enforced).
Legalization pending[29]
Yes Female legal
+ UN decl. sign.[1]
No No No Yes New Zealand responsible for defence Yes Bans some anti-gay discrimination[30] No
French Polynesia French Polynesia
(Overseas collectivity of France)
Yes Legal
(No laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[1]
Yes Since 2013 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Niue Niue
(Part of the Realm of New Zealand)
Yes Legal since 2007
+ UN decl. sign.[1]
No No No Yes New Zealand responsible for defence Emblem-question.svg Emblem-question.svg
Pitcairn Islands Pitcairn Islands
(Overseas Territory of the United Kingdom)
Yes Legal since 2001
+ UN decl. sign.[1]
Yes Since 2015 Yes Legal since 2015[31] Yes Legal since 2015[32] Yes UK responsible for defence Yes Constitutional ban on all anti-gay discrimination[33] Emblem-question.svg
Samoa Samoa No Male illegal
Penalty: 5-7 years imprisonment (Not enforced).
Yes Female always legal
+ UN decl. sign.[1]
No No No Has no military Yes Bans some anti-gay discrimination[34] Emblem-question.svg Samoa has a large transgender or "third-gender" community called the fa'afafine. They are a recognized part of traditional Samoan customs.
Tokelau Tokelau
(Part of the Realm of New Zealand)
Yes Legal since 2007
+ UN decl. sign.[1]
No No No Yes New Zealand responsible for defence No No
Tonga Tonga No Male illegal
Penalty: Up to 10 years imprisonment (Not enforced).
Yes Female always legal[1]
No No No No No No
Tuvalu Tuvalu No Male illegal
Penalty: Up to 14 years imprisonment (Not enforced).
Yes Female legal
+ UN decl. sign.[1]
No No No Has no military No Emblem-question.svg
Wallis and Futuna Wallis and Futuna
(Overseas collectivity of France)
Yes Legal
(No laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[1]
Yes Civil solidarity pact since 2009 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law


See also

References

  1. ^ a b c d e f g h i j k l m n o p q r s t u v "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016. Retrieved 19 May 2016.
  2. ^ "Gay rights in the Pacific – what still needs to be done?". Asia Pacific Report. Pacific Media Centre. 30 August 2015. Retrieved 15 January 2018.
  3. ^ Gerber, Paula (14 May 2014). "Why the Pacific islands are no gay paradise". Monash University. Retrieved 15 January 2018.
  4. ^ a b c Smith, Harriet (31 October 2016). "Australia's marriage-equality debate reverberates through the Pacific". The Interpreter. Lowy Institute. Retrieved 15 January 2018.
  5. ^ Hopgood, Sela Jane (18 August 2017). "Cooks bill puts spotlight on Pacific's anti-gay laws". Radio New Zealand Pacific News. Radio New Zealand. Retrieved 15 January 2018.
  6. ^ "Relationships Act 2003". Tasmanian Legislation. Retrieved September 14, 2012.
  7. ^ "South Australia gays get new rights by Tony Grew (7 December 2006)". pinknews.com.au. Retrieved 2007-09-03.
  8. ^ Relationships Act 2008 (Vic)
  9. ^ "Massive support for register". Star Observer. May 13, 2010. Retrieved September 14, 2012.
  10. ^ Agius, Kym (December 1, 2011). "Bligh asks ALP to support gay marriage". Retrieved September 14, 2012.
  11. ^ "Civil Unions Bill 2011". ACT Government. Retrieved September 14, 2012.
  12. ^ Chang, Charis (8 December 2017). "Same-sex marriage is now legal in Australia". news.com.au. Retrieved 8 December 2017.
  13. ^ "Australia Ends a Prohibition On Homosexuals in Military". query.nytimes.com. 24 November 1992.
  14. ^ a b "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013". aph.gov.au.
  15. ^ "Trans forced divorce laws to stay for now". buzzfeed.com.
  16. ^ "Spouse the new word". news.com.au.
  17. ^ a b "Marriage equality Bill officially signed into law". gaynz.com. 19 April 2013.
  18. ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Archived from the original on 22 August 2011. Retrieved 6 October 2011.
  19. ^ "NEW CALEDONIA CATCHES UP TO FRANCE". Star Observer. June 9, 2009.
  20. ^ Verheyen, Vincent. "Sexual orientation [LGBTQ+] and the draft of the new Solomon Islands Constitution". Retrieved 3 March 2016.
  21. ^ a b c d "In 60 days, gays will be allowed to serve openly in the military". CNN. July 23, 2011.
  22. ^ a b c d "Beginning today, transgender individuals can join the US military". ABC News. January 1, 2018.
  23. ^ "Nauru decriminalises homosexuality". 27 May 2016.
  24. ^ "Crimes Act 2016". ronlaw.gov.nr.
  25. ^ "Palau decriminalises sex between men".
  26. ^ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 2012-02-19. Retrieved 21 December 2008.
  27. ^ Sagapolutele, Fili. "gay marriage illegal in American Samoa". USNews. Retrieved July 10, 2015.
  28. ^ National Center for Transgender Equality
  29. ^ "This island nation is set to decriminalise homosexuality". pinknews.co.uk. 3 August 2017.
  30. ^ "Employment Relations Act 2012" (PDF). intaff.whupi.com. 2012.
  31. ^ "Pitcairn Island: Same Sex Marriage and Civil Partnership Ordinance 2015".
  32. ^ "Laws - PITCAIRN". gaylawnet.com.
  33. ^ "The Pitcairn Constitution Order 2010" (PDF). pitcairn.pn.
  34. ^ "Labour and Employment Relations Act 2013" (PDF). parliament.gov.ws.
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