LGBT rights in Oceania

LGBT rights in Oceania

Oceania
Same-sex sexual activity legal? Legal in 7 out of 14 states
Legal in 10 out of 11 territories
Gender identity/expression Legal in 3 out of 14 states
Legal in 7 out of 11 territories
Military service Allowed to serve openly in 2 out of 6 states having an army
Legal in all 11 territories
Family rights
Recognition of
relationships		 Legal in 2 out of 14 states
Legal in 5 out of 11 territories
Restrictions:
 Same-sex marriage constitutionally banned in 1 out of 14 states
Adoption Legal in 2 out of 14 states
Legal in 4 out of 11 territories

Oceania is, like other regions, quite diverse in its laws regarding homosexuality. This ranges from significant rights granted to the LGBT community in e.g. marriage in New Zealand to remaining criminal penalties for homosexual activity in e.g. Kiribati and Nauru.[1]

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 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)		 Legal in South Australia in 1972, in Victoria in 1981, New South Wales in 1983, Northern Territory in 1984, Western Australia in 1990, Queensland in 1991, Norfolk Island in 1993 and Tasmania in 1997
Legal in Christmas Island and Cocos (Keeling) Islands (Age of consent discrepancy in Queensland only)
+ UN decl. sign.[2]		 Unregistered cohabitation since 2009

Registered relationship schemes in ACT, Tasmania, Victoria, Queensland and New South Wales

 Banned federally under the Marriage Amendment Act 2004[3] / Joint adoption in ACT, New South Wales, Tasmania and Western Australia;
Step-child adoption in Victoria;
Banned in South Australia, Queensland and Northern Territory		 Since 1992 Bans all anti-gay discrimination.[4] [4]
New Zealand New Zealand Legal since 1986
+ UN decl. sign.[2]		 Unregistered cohabitation since 2001;
Civil union since 2005.		 Legal since 2013[5] Legal since 2013 for married couples and individuals (banned for unmarried and civil union couples regardless of sexual orientation)[5] Since 1993 Bans all anti-gay discrimination Covered under the "sex discrimination" provision of the Human Rights Act 1993 since 2006.

Melanesia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Fiji Fiji Legal since 2010
+ UN decl. sign.[6][2]		 Bans some anti-gay discrimination[2]
New Caledonia New Caledonia
(overseas collectivity of France)		 Legal
(no laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[2]		 PACS legal since 2009 Legal since 2013 Legal since 2013 French responsibility Bans all anti-gay discrimination (Requires sterilization for change)
Papua New Guinea Papua New Guinea Male illegal
Penalty: 3 to 14 years imprisonment (not enforced)
Female always legal[2]
Solomon Islands Solomon Islands Illegal
Penalty: Up to 14 years imprisonment.[2]		 Has no military
Vanuatu Vanuatu Legal since 2007
+ UN decl. sign.[2]

Micronesia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB 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) 		Legal since 1978
+ UN decl. sign.[2]		 Same-sex marriage since 2015. Since 2015 Legal since 2002 US responsibility The US hate crime laws apply to all US external territories as well The US hate crime laws also apply to all US external territories as well
Federated States of Micronesia Federated States of Micronesia Legal
+ UN decl. sign.[2]		 Has no military
Kiribati Kiribati Male illegal
Penalty: 5-14 years imprisonment (not enforced)
Female legal[2]		 Has no military
Marshall Islands Marshall Islands Legal since 2005
+ UN decl. sign.[2]		 Has no military
Nauru Nauru Male illegal
Penalty: 3-14 years imprisonment (not enforced)
Female legal
+ UN decl. sign.[2]		 Has no military
Northern Mariana Islands Northern Mariana Islands
(unincorporated territory of the United States) 		Legal since 1983
+ UN decl. sign.[2]		 US responsibility The US hate crime laws also apply to all US external territories as well The US hate crime laws also apply to all US external territories as well
Palau Palau Legal since 2014
+ UN decl. sign.[7]		 Constitutional ban since 2008 Has no military

Polynesia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB 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)[8]		 Legal since 1980
+ UN decl. sign.[2]		 US responsibility The US hate crime laws also apply to all US external territories as well The US hate crime laws also apply to all US external territories as well
Easter Island Easter Island
(overseas territory of Chile)		 Legal since 1999
(Age of consent discrepancy)
+ UN decl. sign.[2]		 Civil unions since 2015. (Pending) (Pending) Chile responsible to defence. Since 2007.
Cook Islands Cook Islands
(part of the Realm of New Zealand)		 Male illegal
Penalty: 5-14 years imprisonment (not enforced)
Female legal
+ UN decl. sign.[2]		 New Zealand's responsibility
French Polynesia French Polynesia
(overseas collectivity of France)		 Legal
(no laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[2]		 PACS legal since 2009 Legal since 2013 Legal since 2013 French responsibility Bans all anti-gay discrimination (Requires sterilization for change)
Niue Niue
(part of the Realm of New Zealand)		 Legal since 2007
+ UN decl. sign.[2]		 New Zealand's responsibility
Pitcairn Islands Pitcairn Islands
(overseas territory of the United Kingdom)		 Legal since 2001
+ UN decl. sign.[2]		 UK responsible for defence Discrimination banned by the constitution[9]
Samoa Samoa Male illegal
Penalty: 5-7 years imprisonment (not enforced)
Female always legal
+ UN decl. sign.[2]		 Has no military Samoa has a large transgender or "third-gendered" community called the Fa'afafine. This is a recognized part of traditional Samoan customs, and usually refers to trans women.
Tokelau Tokelau
(part of the Realm of New Zealand)		 Legal since 2007
+ UN decl. sign.[2]		 New Zealand's responsibility
Tonga Tonga Male illegal
Penalty: Up to 10 years imprisonment and whipping (not enforced)
Female always legal[2]
Tuvalu Tuvalu Male illegal
Penalty: Up to 14 years imprisonment (not enforced)
Female legal
+ UN decl. sign.[2]		 Has no military
Wallis and Futuna Wallis and Futuna
(overseas collectivity of France)		 Legal
(no laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[2]		 PACS legal since 2009 Legal since 2013 Legal since 2013 French responsibility Bans all anti-gay discrimination (Requires sterilization for change)

See also

References

  1. ↑ "Avert.org – Age of Consent". Avert.org. N.A. Retrieved 21 December 2008. Check date values in: |date= (help)
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults The International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2014
  3. ↑ Marriage Amendment Act 2004
  4. ↑ 4.0 4.1 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013
  5. ↑ 5.0 5.1 Marriage equality Bill officially signed into law, GayNZ.com, Retrieved 19 April 2013
  6. ↑ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Retrieved 6 October 2011.
  7. ↑ Palau decriminalises sex between men
  8. ↑ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 2012-02-19. Retrieved 21 December 2008.
  9. ↑ The Pitcairn Constitution Order 2010