LGBT rights in Oceania

LGBT rights in Oceania

Oceania
Same-sex sexual activity legal? Legal in 8 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
Discrimination protections Legal in 4 out of 14 states
Legal in 9 out of 11 territories
Family rights
Recognition of
relationships		 Legal in 2 out of 14 states
Legal in 7 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 6 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, Guam, Hawaii, 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]

Oceania
  Same-sex marriage
  Other type of partnership (or unregistered cohabitation)
  No recognition
  Same-sex sexual activity illegal

Legislation by country or territory

Main article: LGBT rights 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 since 1972, in Victoria since 1981, New South Wales since 1983, the Northern Territory since 1984, the Australian Capital Territory since 1985, Western Australia since 1990, Queensland since 1991, Norfolk Island since 1993 and Tasmania since 1997
Legal in Christmas Island and Cocos (Keeling) Islands
+ UN decl. sign.[1]		 Unregistered cohabitation nationally since 2009

Domestic partnership in Tasmania (2004),[2] South Australia (2007),[3] Victoria (2008),[4] New South Wales (2010)[5] and Queensland (2012)[6];
Civil union in the Australian Capital Territory (2012)[7]

 Banned nationally under the Marriage Amendment Act 2004[8] Joint adoption legal in Western Australia (2002), the Australian Capital Territory (2004), New South Wales (2010), Tasmania (2013), Victoria (2016), Queensland (2016) [9] and South Australia (2017).[10] All adoption banned within the Northern Territory only. Since 1992[11] Bans all anti-gay discrimination.[12] [12]
New Zealand New Zealand Legal since 1986
+ UN decl. sign.[1]		 Unregistered cohabitation since 2002;
Civil union since 2005.		 Legal since 2013[13] Legal since 2013[13] 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.[14][1]		 Bans some anti-gay discrimination[1]
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.[1]		 Civil solidarity pact since 2009 Legal since 2013 Legal since 2013 French responsibility Bans all anti-gay discrimination Since 2017, gender changes do not require sterilisation.
Papua New Guinea Papua New Guinea Male illegal
Penalty: 3 to 14 years imprisonment (Not enforced)
Female always legal[1]
Solomon Islands Solomon Islands Illegal
Penalty: Up to 14 years imprisonment.[1]		 Has no military The latest draft of the Constitution (expected to factually replace the existing Constitution by late 2016) explicitly allows for discrimination on grounds of sexual orientation, and also allows for the advocacy of hatred (and incitement to cause harm) on the basis of sexual orientation.[15]
Vanuatu Vanuatu Legal since 2007
+ UN decl. sign.[1]		 Bans some anti-gay discrimination.

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.[1]		 Since 2015 Legal since 2015 Legal since 2002 US responsibility Bans some anti-gay discrimination.
The US hate crime laws apply to all US external territories as well		 Bans some discrimination relating to gender identity or expression.
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.[1]		 Has no military
Kiribati Kiribati Male illegal
Penalty: 5-14 years imprisonment
Female legal[1]		 Has no military Bans some anti-gay discrimination.
Marshall Islands Marshall Islands Legal since 2005
+ UN decl. sign.[1]		 Has no military
Nauru Nauru Legal since 2016[16][17]
+ UN decl. sign.		 Has no military
Northern Mariana Islands Northern Mariana Islands
(Unincorporated territory of the United States) 		Legal since 1983
+ UN decl. sign.[1]		 Since 2015 Legal since 2015 Legal since 2015 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.[18]		 Constitutional ban since 2008 Has no military
United States United States Minor Outlying Islands
(Unincorporated organized territory of the United States)		 Legal Legal Legal USA responsible for defense.

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)[19]		 Legal since 1980
+ UN decl. sign.[1]		 [20] 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
(Special territory of Chile)		 Legal since 1999
(Age of consent discrepancy)
+ UN decl. sign.[1]		 Civil union since 2015. LGBT individuals may adopt (Pending) Chile responsible for defence. Bans all anti-gay discrimination 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.[1]		 New Zealand's responsibility Bans some anti-gay discrimination[21]
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.[1]		 Since 2013 Legal since 2013 Legal since 2013 French responsibility Bans all anti-gay discrimination Since 2017, gender changes do not require sterilisation.
Niue Niue
(Part of the Realm of New Zealand)		 Legal since 2007
+ UN decl. sign.[1]		 New Zealand's responsibility
Pitcairn Islands Pitcairn Islands
(Overseas territory of the United Kingdom)		 Legal since 2001
+ UN decl. sign.[1]		 Since 2015 Legal since 2015[22] Legal since 2015[23] UK responsible for defence Constitutional ban on discrimination.[24]
Samoa Samoa Male illegal
Penalty: 5-7 years imprisonment (Not enforced)
Female always legal
+ UN decl. sign.[1]		 Has no military Bans some anti-gay discrimination[25] Samoa has a large transgender or "third-gender" 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.[1]		 New Zealand's responsibility
Tonga Tonga Male illegal
Penalty: Up to 10 years imprisonment and whipping (Not enforced)
Female always legal[1]
Tuvalu Tuvalu Male illegal
Penalty: Up to 14 years imprisonment
Female legal
+ UN decl. sign.[1]		 Has no military
United States United States Minor Outlying Islands
(Unincorporated organized territory of the United States)		 Legal Legal Legal USA responsible for defense.
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.[1]		 Civil solidarity pact since 2009 Legal since 2013 Legal since 2013 French responsibility Bans all anti-gay discrimination Since 2017, gender changes do not require sterilisation.

See also

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "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. ↑ "Relationships Act 2003". Tasmanian Legislation. Retrieved September 14, 2012.
  3. ↑ "South Australia gays get new rights by Tony Grew (7 December 2006)". pinknews.com.au. Retrieved 2007-09-03.
  4. ↑ Relationships Act 2008 (Vic)
  5. ↑ "Massive support for register". Star Observer. May 13, 2010. Retrieved September 14, 2012.
  6. ↑ Agius, Kym (December 1, 2011). "Bligh asks ALP to support gay marriage". Retrieved September 14, 2012.
  7. ↑ "Civil Unions Bill 2011". ACT Government. Retrieved September 14, 2012.
  8. ↑ Marriage Amendment Act 2004
  9. ↑ Burke, Gail (November 2, 2016). "Adoption laws in Queensland changed to allow same-sex couples to become parents".
  10. ↑ Leighton-Dore, Samuel (December 7, 2016). "South Australian Same Sex Couples Can Now Adopt". Retrieved September 14, 2012.
  11. ↑ "Australia Ends a Prohibition On Homosexuals in Military", New York Times, November 24, 1992
  12. 1 2 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013
  13. 1 2 Marriage equality Bill officially signed into law, GayNZ.com, Retrieved 19 April 2013
  14. ↑ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Archived from the original on 22 August 2011. Retrieved 6 October 2011.
  15. ↑ Verheyen, Vincent. "Sexual orientation [LGBTQ+] and the draft of the new Solomon Islands Constitution". Retrieved 3 March 2016.
  16. ↑ Nauru decriminalises homosexuality
  17. ↑ Crimes Act 2016
  18. ↑ Palau decriminalises sex between men
  19. ↑ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 2012-02-19. Retrieved 21 December 2008.
  20. ↑ Sagapolutele, Fili. "gay marriage illegal in American Samoa". USNews. Retrieved July 10, 2015.
  21. ↑ Employment Relations Act 2012
  22. ↑ Pitcairn Island: Same Sex Marriage and Civil Partnership Ordinance 2015
  23. ↑ Laws - PITCAIRN
  24. ↑ The Pitcairn Constitution Order 2010
  25. ↑ Labour and Employment Relations Act 2013
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