LGBT rights in Oceania
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]
Marriage performed
Civil unions (Easter Island) Recognition of marriage at federal level No recognition Constitutional limit on marriage (Palau) Unenforced ban on same-sex sexual activity | |
Status | Legal in 8 out of 14 countries Legal in 11 out of 12 territories |
Gender identity | Legal in 2 out of 14 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 14 countries Protected in 8 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 |
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", 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]
Legislation by country or territory
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 |
---|---|---|---|---|---|---|---|
(including territories of |
+ UN decl. sign.[1] |
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] |
|||||
+ UN decl. sign.[1] |
Civil unions since 2005 |
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 |
---|---|---|---|---|---|---|---|
+ UN decl. sign.[18][1] |
|||||||
(Special collectivity of France) |
(No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
||||||
Penalty: 3 to 14 years imprisonment (Not enforced). |
|||||||
Penalty: Up to 14 years imprisonment (Not enforced).[1] |
Has no military | ||||||
+ UN decl. sign.[1] |
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 |
---|---|---|---|---|---|---|---|
(Unincorporated territory of the United States) |
|||||||
+ UN decl. sign.[1] |
Has no military | ||||||
Penalty: 5-14 years imprisonment (Not enforced). |
Has no military | ||||||
+ UN decl. sign.[1] |
Has no military | ||||||
+ UN decl. sign. |
Has no military | ||||||
(Unincorporated territory of the United States) |
|||||||
+ UN decl. sign.[28] |
Has no military | ||||||
(Unincorporated territories of the United States) |
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 |
---|---|---|---|---|---|---|---|
(Unincorporated territory of the United States)[29] |
|||||||
(Special territory of Chile) |
Age of consent discrepancy + UN decl. sign.[1] |
||||||
(Part of the Realm of New Zealand) |
Penalty: 5-14 years imprisonment (Not enforced). Legalization pending[33] + UN decl. sign.[1] |
||||||
(Overseas collectivity of France) |
(No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
||||||
(Constituent state of the United States) |
|||||||
(Part of the Realm of New Zealand) |
+ UN decl. sign.[1] |
||||||
(Overseas Territory of the United Kingdom) |
+ UN decl. sign.[1] |
||||||
Penalty: 5-7 years imprisonment (Not enforced). + UN decl. sign.[1] |
Has no military | ||||||
(Part of the Realm of New Zealand) |
+ UN decl. sign.[1] |
||||||
Penalty: Up to 10 years imprisonment (Not enforced). |
|||||||
Penalty: Up to 14 years imprisonment (Not enforced). + UN decl. sign.[1] |
Has no military | ||||||
(Overseas collectivity of France) |
(No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
See also
References
- "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.
- "Gay rights in the Pacific – what still needs to be done?". Asia Pacific Report. Pacific Media Centre. 30 August 2015. Retrieved 15 January 2018.
- Gerber, Paula (14 May 2014). "Why the Pacific islands are no gay paradise". Monash University. Retrieved 15 January 2018.
- Smith, Harriet (31 October 2016). "Australia's marriage-equality debate reverberates through the Pacific". The Interpreter. Lowy Institute. Retrieved 15 January 2018.
- 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.
- "Relationships Act 2003". Tasmanian Legislation. Retrieved 14 September 2012.
- "South Australia gays get new rights by Tony Grew (7 December 2006)". pinknews.com.au. Retrieved 3 September 2007.
- Relationships Act 2008 (Vic)
- "Massive support for register". Star Observer. 13 May 2010. Retrieved 14 September 2012.
- Agius, Kym (1 December 2011). "Bligh asks ALP to support gay marriage". Retrieved 14 September 2012.
- "Civil Unions Bill 2011". ACT Government. Retrieved 14 September 2012.
- Chang, Charis (8 December 2017). "Same-sex marriage is now legal in Australia". news.com.au. Retrieved 8 December 2017.
- "Australia Ends a Prohibition On Homosexuals in Military". query.nytimes.com. 24 November 1992.
- "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013". aph.gov.au.
- "Trans forced divorce laws to stay for now". buzzfeed.com.
- "Spouse the new word". news.com.au.
- "Marriage equality Bill officially signed into law". gaynz.com. 19 April 2013.
- Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Archived from the original on 22 August 2011. Retrieved 6 October 2011.
- "NEW CALEDONIA CATCHES UP TO FRANCE". Star Observer. 9 June 2009.
- Verheyen, Vincent. "Sexual orientation [LGBTQ+] and the draft of the new Solomon Islands Constitution". Retrieved 3 March 2016.
- "In 60 days, gays will be allowed to serve openly in the military". CNN. 23 July 2011.
- "Beginning today, transgender individuals can join the US military". ABC News. 1 January 2018.
- "cfsm.fm" (PDF). www.cfsm.fm.
- "Nauru decriminalises homosexuality". 27 May 2016.
- "Crimes Act 2016". ronlaw.gov.nr.
- "CHAPTER 90-40 MARIANAS VISITORS AUTHORITY PERSONNEL REGULATIONS" (PDF).
- "TITLE 10 CIVIL SERVICE COMMISSION" (PDF).
- "Palau decriminalises sex between men".
- "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 19 February 2012. Retrieved 21 December 2008.
- Sagapolutele, Fili. "gay marriage illegal in American Samoa". USNews. Retrieved 10 July 2015.
- "American Samoa". National Center for Transgender Equality.
- "This island nation is set to decriminalise homosexuality". pinknews.co.uk. 3 August 2017.
- "Employment Relations Act 2012" (PDF). intaff.whupi.com. 2012.
- "Pitcairn Island: Same Sex Marriage and Civil Partnership Ordinance 2015".
- "Laws - PITCAIRN". gaylawnet.com.
- "The Pitcairn Constitution Order 2010" (PDF). pitcairn.pn.
- "Labour and Employment Relations Act 2013" (PDF). parliament.gov.ws.