Wikipedia

LGBTQ rights in Oceania

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]

LGBTQ rights in Oceania
  Marriage performed
  Recognition of marriages performed elsewhere in country (American Samoa)
  No recognition of same-sex couples
  Constitutional limit on marriage (Palau)
  Unenforced ban on same-sex sexual activity
StatusLegal, 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 identityLegal in 3 out of 15 countries
Legal in 7 out of 12 territories
MilitaryAllowed to serve openly in 2 out of 6 countries having an army
Allowed in all 12 territories
Discrimination protectionsProtected in 7 out of 15 countries
Protected in 8 out of 12 territories
Family rights
Recognition of relationshipsRecognized in 2 out of 15 countries
Recognized in 8 out of 12 territories
RestrictionsSame-sex marriage constitutionally banned in 1 out of 15 countries
AdoptionLegal in 2 out of 15 countries
Legal in 7 out of 12 territories

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]

Legislation by country or territory

Main article: LGBT rights by country or territory
Tables:

Australasia

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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
  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]
  New Zealand   Legal since 1986
+ UN decl. sign.[1] 		  Unregistered cohabitation since 2002;
Civil unions since 2005 		  Legal since 2013[18]   Legal since 2013[18]   Since 1993; Includes transgender people[19]   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.[20][21]

Melanesia

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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
  Fiji   Legal since 2010
+ UN decl. sign.[22][1] 		          Bans all anti-gay discrimination[1]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 		 
  Indonesia   Legal (except in Aceh)[1][23]           Limited protection following legal process by the authorities.[24]   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[25]   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 (Rarely enforced, legalization proposed).
  Female always legal[1] 		           
  Solomon Islands   Illegal
Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed).[1] 		      Has no military  [26]  
  Vanuatu   Legal
(No laws against same-sex sexual activity have ever existed since independence[27])
+ UN decl. sign.[1] 		          Bans some anti-gay discrimination  

Micronesia

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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
  Guam
(Unincorporated territory of the United States) 		  Legal since 1978   Since 2015   Legal since 2015   Legal since 2002   United States responsible for defense[28][29]   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[30]    
  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[31]    
  Nauru   Legal since 2016[32][33]
+ UN decl. sign. 		      Has no military  
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016 		   
  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[28][29]   Bans some anti-gay discrimination[34][35]   Under the Vital Statistics Act of 2006  
  Palau   Legal since 2014
+ UN decl. sign.[36] 		    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[28][29]      

Polynesia

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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
  American Samoa
(Unincorporated territory of the United States)[37] 		  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.[38]     United States responsible for defense[28][29]    [39]
  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[40]  
  Easter Island
(Special territory of Chile) 		  Legal since 1999
+ UN decl. sign.[1] 		  Civil unions since 2015[41]   Since 2022[42]   Since 2022[42]   Chile responsible for defence[43][44]   Bans all anti-gay discrimination[45]
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.[46]
  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).[47]
  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[48]   Legal since 2015[49]   UK responsible for defence   Constitutional ban on all anti-gay discrimination[50]  
  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[51]
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[52]
+ 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] 		           
  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


See also

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References

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  1. ^ a b c d e f g h i j k l m n o p q r s t u v w "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. Archived from the original on 15 June 2018. 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 14 September 2012.
  7. ^ "South Australia gays get new rights by Tony Grew (7 December 2006)". pinknews.com.au. Retrieved 3 September 2007.
  8. ^ Relationships Act 2008 (Vic)
  9. ^ "Massive support for register". Star Observer. 13 May 2010. Retrieved 14 September 2012.
  10. ^ Agius, Kym (1 December 2011). "Bligh asks ALP to support gay marriage". Retrieved 14 September 2012.
  11. ^ "Civil Unions Bill 2011". ACT Government. Retrieved 14 September 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. ^ Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
  15. ^ "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013". aph.gov.au.
  16. ^ "Change of sex". NSW Government. Archived from the original on 27 October 2021. Retrieved 24 May 2024.
  17. ^ McCormack, Madura (15 June 2023). "Qld passes laws to change gender on birth certificate without surgery". Courier Mail. Archived from the original on 21 July 2023. Retrieved 24 May 2024.
  18. ^ a b "Marriage equality Bill officially signed into law". gaynz.com. 19 April 2013.
  19. ^ Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
  20. ^ "New Zealand passes law making it easier to change sex on birth certificates". The Guardian. 9 December 2021.
  21. ^ "Births, Deaths, Marriages, and Relationships Registration Bill". New Zealand Parliament. Archived from the original on 5 December 2017. Retrieved 24 May 2024.
  22. ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Archived from the original on 22 August 2011. Retrieved 6 October 2011.
  23. ^ "Satpol PP Palembang, Ungkap Sering Temukan Pasangan LGBT, Tapi Sulit Ditindak". Sripoku.com. 6 February 2020.
  24. ^ Rongiyati, Sulasi (November 2015). "Surat Edaran Kapolri Tentang Ujaran Kebencian: Menjaga Kebebasan Berpendapat Dan Harmonisasi Kemajemukan" (PDF). Info Singkat. 7 (21): 1–4. ISSN 2088-2351.
  25. ^ "NEW CALEDONIA CATCHES UP TO FRANCE". Star Observer. 9 June 2009.
  26. ^ Verheyen, Vincent. "Sexual orientation [LGBTQ+] and the draft of the new Solomon Islands Constitution". Retrieved 3 March 2016.
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  28. ^ a b c d "In 60 days, gays will be allowed to serve openly in the military". CNN. 23 July 2011.
  29. ^ a b c d "Beginning today, transgender individuals can join the US military". ABC News. 1 January 2018.
  30. ^ "Act No 20-150" (PDF). Federated States of Micronesia. Archived from the original (PDF) on 15 December 2018. Retrieved 24 May 2024.
  31. ^ "GENDER EQUALITY ACT, 2019" (PDF). 2019. Archived from the original (PDF) on 11 January 2021. Retrieved 24 May 2024.
  32. ^ "Nauru decriminalises homosexuality". RNZ. 27 May 2016. Archived from the original on 1 June 2016. Retrieved 24 May 2024.
  33. ^ "Crimes Act 2016". Ronlaw. 2016. Archived from the original on 7 August 2016. Retrieved 24 May 2024.
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  43. ^ (in Spanish) Claudio Ortiz Lazo. "Reflexiones en torno a la homosexualidad y fuerzas armadas". Revista Fuerzas Armadas y Sociedad. Retrieved 21 April 2012.
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  46. ^ "Chilean President Signs Transgender Rights Law". On Top Magazine.
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