LGBT rights in Oceania | |
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Status | Legal, with an equal age of consent, in 9 out of 15 countries Legal, with an equal age of consent, in 11 out of 12 territories |
Gender identity | Legal in 3 out of 15 countries Legal in 7 out of 12 territories |
Military | Allowed to serve openly in 2 out of 6 countries having an army Allowed in all 12 territories |
Discrimination protections | Protected in 7 out of 15 countries Protected in 8 out of 12 territories |
Family rights | |
Recognition of relationships | Recognized in 2 out of 15 countries Recognized in 8 out of 12 territories |
Restrictions | Same-sex marriage constitutionally banned in 1 out of 15 countries |
Adoption | Legal in 2 out of 15 countries Legal in 7 out of 12 territories |
Oceania is, like other regions, quite diverse in its laws regarding LGBT rights. This ranges from significant rights, including same-sex marriage – granted to the LGBT+ community in New Zealand, Australia, Guam, Hawaii, Easter Island, Northern Mariana Islands, Wallis and Futuna, New Caledonia, French Polynesia and the Pitcairn Islands – to remaining criminal penalties for homosexual activity in six countries and one territory. [1] Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBT+ 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 United Kingdom introduced conservative social attitudes and anti-LGBT laws throughout the British Empire, including its colonies throughout the Pacific Ocean. [4] This legacy persists in anti-LGBT laws found in a majority of countries in the subsequent Commonwealth of Nations. Opponents of LGBT rights in Oceania have justified their stance by arguing it is supported by tradition and that homosexuality is a "Western vice", although anti-LGBT laws themselves are 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]
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
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Australia (including territories of Christmas Island, the Cocos (Keeling) Islands and Norfolk Island) |
Always legal for women. Male legal in some states and territories since 1975, nationwide since 1997.
Tasmania was the last state to legalise male homosexuality; Equal age of consent in some states and territories since 1975, nationwide since 2016. + UN decl. sign. [1] |
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] |
Legal since 2017 [12] | Legal nationwide since 2018 | Gay men and lesbians since 1992 [13]; Transgender and intersex people since 2010 [14] | Bans all anti-gay discrimination. [15] | Different regulations within each jurisdiction on change of sex. NSW explicitly legally requires sexual reassignment surgery to change sex on a birth certificate, since 1996. [16] [17] | [18] [19] |
New Zealand |
Legal since 1986 + UN decl. sign. [1] |
Unregistered cohabitation since 2002; Civil unions since 2005 |
Legal since 2013 [20] | Legal since 2013 [20] | Since 1993; Includes transgender people [21] | Bans all anti-gay discrimination | Covered under the "sex discrimination" provision of the Human Rights Act 1993; From July 2023, change of sex on a birth certificate by self-determination. [22] [23] |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
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Fiji |
Legal since 2010 + UN decl. sign. [24] [1] |
Bans all anti-gay discrimination
[1] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 |
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Indonesia | Legal (except in Aceh) [1] [25] | Limited protection following legal process by the authorities. [26] | Transgender people allowed to change legal gender, but only after sex reassignment surgery. | |||||
New Caledonia ( Special collectivity of France) |
Legal (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign. [1] |
Civil solidarity pact since 2009 [27] | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law | |
Papua New Guinea |
Male illegal Penalty: 3 to 14 years imprisonment (Not enforced, Legalization proposed). Female always legal [1] |
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Solomon Islands |
Illegal Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed). [1] |
Has no military | [28] | |||||
Vanuatu |
Legal (No laws against same-sex sexual activity have ever existed since independence [29]) + UN decl. sign. [1] |
Bans some anti-gay discrimination |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
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Guam ( Unincorporated territory of the United States) |
Legal since 1978 | Since 2015 | Legal since 2015 | Legal since 2002 | United States responsible for defense [30] [31] | Bans some anti-gay discrimination | Allowed to legally change gender, but requires sex reassignment surgery | |
Micronesia |
Legal + UN decl. sign. [1] |
Has no military | Bans all anti-gay discrimination [32] | |||||
Kiribati |
Male illegal Penalty: 5-14 years imprisonment (Not enforced, Legalization proposed). Female legal [1] |
Has no military | Bans some anti-gay discrimination | |||||
Marshall Islands |
Legal since 2005 + UN decl. sign. [1] |
Has no military | Bans all anti-gay discrimination [33] | |||||
Nauru |
Legal since 2016
[34]
[35] + UN decl. sign. |
Has no military |
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016 |
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Northern Mariana Islands ( Unincorporated territory of the United States) |
Legal since 1983 | Since 2015 | Legal since 2015 | Legal since 2015 | United States responsible for defense [30] [31] | Bans some anti-gay discrimination [36] [37] | Under the Vital Statistics Act of 2006 | |
Palau |
Legal since 2014 + UN decl. sign. [38] |
Constitutional ban since 2008 | Has no military | |||||
United States Minor Outlying Islands ( Unincorporated territories of the United States) |
Legal | Legal | Legal | United States responsible for defense [30] [31] |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
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American Samoa ( Unincorporated territory of the United States) [39] |
Legal since 1980 | / Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022. | / Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022. [40] | United States responsible for defense [30] [31] | [41] | |||
Cook Islands (Part of the Realm of New Zealand) |
Legal since 2023 + UN decl. sign. [1] |
New Zealand responsible for defence | Bans some anti-gay discrimination [42] | |||||
Easter Island (Special territory of Chile) |
Legal since 1999 + UN decl. sign. [1] |
Civil unions since 2015 [43] | Since 2022 [44] | Since 2022 [44] | Chile responsible for defence [45] [46] |
Bans all anti-gay discrimination
[47] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 |
Transgender persons can change their legal gender and name since 1974. No surgeries or judicial order since 2019. [48] |
|
French Polynesia ( Overseas collectivity of France) |
Legal (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign. [1] |
Since 2013 | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law | |
Hawaii ( Constituent state of the United States) |
Since 1972 | Since 1997 | Since 2013 | Since 2012 | United States responsible for defence | Bans all anti-gay discrimination | ||
Niue (Part of the Realm of New Zealand) |
Male illegal Penalty: 5-10 years imprisonment. (Not enforced, Legalization proposed). [49] Female legal + UN decl. sign. [1] |
New Zealand responsible for defence | ||||||
Pitcairn Islands ( Overseas Territory of the United Kingdom) |
Legal since 2001 + UN decl. sign. [1] |
Since 2015 | Legal since 2015 [50] | Legal since 2015 [51] | UK responsible for defence | Constitutional ban on all anti-gay discrimination [52] | ||
Samoa |
Male illegal Penalty: 5-7 years imprisonment (Not enforced). Legalization proposed Female always legal + UN decl. sign. [1] |
Has no military |
Bans some anti-gay discrimination
[53] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2007 |
Samoa has a large transgender or "third-gender" community called the fa'afafine. They are a recognized part of traditional Samoan customs. | / | |||
Tokelau (Dependent territory of the Realm of New Zealand) |
Legal since 2003
[54] + UN decl. sign. [1] |
New Zealand responsible for defence | ||||||
Tonga |
Male illegal Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed). Female always legal [1] |
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Tuvalu |
Male illegal Penalty: Up to 14 years imprisonment (Not enforced). Legalization proposed Female legal + UN decl. sign. [1] |
Consitutional ban since 2023 | Has no military | Bans some anti-gay discrimination | ||||
Wallis and Futuna ( Overseas collectivity of France) |
Legal (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign. [1] |
Civil solidarity pact since 2009 | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law |