Template:LGBT rights table Oceania

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Tables:

Australasia

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 Australia
(including territories of
 Christmas Island,
 Cocos (Keeling) Islands and
 Norfolk Island)
Yes Legal in some states and territories since 1975, nationwide since 1997. Tasmania was the last state to legalise homosexuality
+ UN decl. sign.[1]
Yes Unregistered cohabitation nationally since 2009;
Domestic partnerships in Tasmania (2004),[2] South Australia (2007),[3] Victoria (2008),[4] New South Wales (2010),[5] and Queensland (2012);[6]
Civil unions in the Australian Capital Territory (2012)[7]
Yes Legal since 2017[8] Yes Legal nationwide since 2018 Yes Gay men and lesbians since 1992[9]; Transgender and intersex people since 2010[10] Yes Bans all anti-gay discrimination.[11] Yes (However both NSW and QLD legally require sex reassignment surgery to change sex on a birth certificate).[12][13][11]
New Zealand New Zealand Yes Legal since 1986
+ UN decl. sign.[1]
Yes Unregistered cohabitation since 2002;
Civil unions since 2005
Yes Legal since 2013[14] Yes Legal since 2013[14] Yes Since 1993; Includes transgender people[15] Yes Bans all anti-gay discrimination Yes Covered under the "sex discrimination" provision of the Human Rights Act 1993

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
Fiji Fiji Yes Legal since 2010
+ UN decl. sign.[16][1]
No No No Emblem-question.svg Yes Bans all anti-gay discrimination[1] Emblem-question.svg
New Caledonia New Caledonia
(Special collectivity of France)
Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[1]
Yes Civil solidarity pact since 2009[17] Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Papua New Guinea Papua New Guinea No Male illegal
Penalty: 3 to 14 years imprisonment (Not enforced).
Yes Female always legal[1]
No No No No No No
Solomon Islands Solomon Islands No Illegal
Penalty: Up to 14 years imprisonment (Not enforced).[1]
No No No Has no military No[18] No
Vanuatu Vanuatu Yes Legal since 2007
+ UN decl. sign.[1]
No No No Emblem-question.svg Yes Bans some anti-gay discrimination No

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
Guam Guam
(Unincorporated territory of the United States)
Yes Legal since 1978 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2002 Yes United States responsible for defense[19][20] Yes Bans some anti-gay discrimination Yes Allowed to legally change gender, but requires sex reassignment surgery
Federated States of Micronesia Micronesia Yes Legal
+ UN decl. sign.[1]
No No No Has no military Yes Bans all anti-gay discrimination[21] Emblem-question.svg
Kiribati Kiribati No Male illegal
Penalty: 5-14 years imprisonment (Not enforced).
Yes Female legal[1]
No No No Has no military Yes Bans some anti-gay discrimination No
Marshall Islands Marshall Islands Yes Legal since 2005
+ UN decl. sign.[1]
No No No Has no military Yes Bans all anti-gay discrimination[22] Emblem-question.svg
Nauru Nauru Yes Legal since 2016[23][24]
+ UN decl. sign.
No No No Has no military No No
Northern Mariana Islands Northern Mariana Islands
(Unincorporated territory of the United States)
Yes Legal since 1983 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2015 Yes United States responsible for defense[19][20] Yes Bans some anti-gay discrimination[25][26] Yes Under the Vital Statistics Act of 2006
Palau Palau Yes Legal since 2014
+ UN decl. sign.[27]
No No Constitutional ban since 2008 No Has no military No No
United States United States Minor Outlying Islands
(Unincorporated territories of the United States)
Yes Legal Yes Yes Legal Yes Legal Yes United States responsible for defense[19][20] No No

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
American Samoa American Samoa
(Unincorporated territory of the United States)[28]
Yes Legal since 1980 No No[29] No Yes United States responsible for defense[19][20] No Yes[30]
Easter Island Easter Island
(Special territory of Chile)
Yes Legal since 1999;
Age of consent discrepancy
+ UN decl. sign.[1]
Yes Civil unions since 2015 No Pending No Pending Yes Chile responsible for defence Yes Bans all anti-gay discrimination Yes Since 2007
Cook Islands Cook Islands
(Part of the Realm of New Zealand)
No Male illegal
Penalty: 5-14 years imprisonment (Not enforced).
Legalization pending[31]
Yes Female legal
+ UN decl. sign.[1]
No No No Yes New Zealand responsible for defence Yes Bans some anti-gay discrimination[32] No
French Polynesia French Polynesia
(Overseas collectivity of France)
Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[1]
Yes Since 2013 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Hawaii Hawaii
(Constituent state of the United States)
Yes Since 1972 Yes Since 1997 Yes Since 2013 Yes Since 2012 Yes United States responsible for defence Yes Bans all anti-gay discrimination Yes
Niue Niue
(Part of the Realm of New Zealand)
Yes Legal since 2007
+ UN decl. sign.[1]
No No No Yes New Zealand responsible for defence Emblem-question.svg Emblem-question.svg
Pitcairn Islands Pitcairn Islands
(Overseas Territory of the United Kingdom)
Yes Legal since 2001
+ UN decl. sign.[1]
Yes Since 2015 Yes Legal since 2015[33] Yes Legal since 2015[34] Yes UK responsible for defence Yes Constitutional ban on all anti-gay discrimination[35] Emblem-question.svg
Samoa Samoa No Male illegal
Penalty: 5-7 years imprisonment (Not enforced).
Yes Female always legal
+ UN decl. sign.[1]
No No No Has no military Yes Bans some anti-gay discrimination[36] Emblem-question.svg Samoa has a large transgender or "third-gender" community called the fa'afafine. They are a recognized part of traditional Samoan customs.
Tokelau Tokelau
(Part of the Realm of New Zealand)
Yes Legal since 2007
+ UN decl. sign.[1]
No No No Yes New Zealand responsible for defence No No
Tonga Tonga No Male illegal
Penalty: Up to 10 years imprisonment (Not enforced).
Yes Female always legal[1]
No No No No No No
Tuvalu Tuvalu No Male illegal
Penalty: Up to 14 years imprisonment (Not enforced).
Yes Female legal
+ UN decl. sign.[1]
No No No Has no military No Emblem-question.svg
Wallis and Futuna Wallis and Futuna
(Overseas collectivity of France)
Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[1]
Yes Civil solidarity pact since 2009 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law

References

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 "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 14 September 2012.
  3. "South Australia gays get new rights by Tony Grew (7 December 2006)". pinknews.com.au. Retrieved 3 September 2007.
  4. Relationships Act 2008 (Vic)
  5. "Massive support for register". Star Observer. 13 May 2010. Retrieved 14 September 2012.
  6. Agius, Kym (1 December 2011). "Bligh asks ALP to support gay marriage". Retrieved 14 September 2012.
  7. "Civil Unions Bill 2011". ACT Government. Retrieved 14 September 2012.
  8. Chang, Charis (8 December 2017). "Same-sex marriage is now legal in Australia". news.com.au. Retrieved 8 December 2017.
  9. "Australia Ends a Prohibition On Homosexuals in Military". query.nytimes.com. 24 November 1992.
  10. Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
  11. 11.0 11.1 "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013". aph.gov.au.
  12. "Trans forced divorce laws to stay for now". buzzfeed.com.
  13. "Spouse the new word". news.com.au.
  14. 14.0 14.1 "Marriage equality Bill officially signed into law". gaynz.com. 19 April 2013.
  15. Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
  16. Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Archived from the original on 22 August 2011. Retrieved 6 October 2011.
  17. "NEW CALEDONIA CATCHES UP TO FRANCE". Star Observer. 9 June 2009.
  18. Verheyen, Vincent. "Sexual orientation [LGBTQ+] and the draft of the new Solomon Islands Constitution". Retrieved 3 March 2016.
  19. 19.0 19.1 19.2 19.3 "In 60 days, gays will be allowed to serve openly in the military". CNN. 23 July 2011.
  20. 20.0 20.1 20.2 20.3 "Beginning today, transgender individuals can join the US military". ABC News. 1 January 2018.
  21. "cfsm.fm" (PDF). www.cfsm.fm.
  22. "GENDER EQUALITY ACT, 2019" (PDF). Retrieved 10 January 2021.
  23. "Nauru decriminalises homosexuality". 27 May 2016.
  24. "Crimes Act 2016". ronlaw.gov.nr.
  25. "CHAPTER 90-40 MARIANAS VISITORS AUTHORITY PERSONNEL REGULATIONS" (PDF).
  26. "TITLE 10 CIVIL SERVICE COMMISSION" (PDF).
  27. "Palau decriminalises sex between men".
  28. "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 19 February 2012. Retrieved 21 December 2008.
  29. Sagapolutele, Fili. "gay marriage illegal in American Samoa". USNews. Retrieved 10 July 2015.
  30. "American Samoa". National Center for Transgender Equality.
  31. "This island nation is set to decriminalise homosexuality". pinknews.co.uk. 3 August 2017.
  32. "Employment Relations Act 2012" (PDF). intaff.whupi.com. 2012.
  33. "Pitcairn Island: Same Sex Marriage and Civil Partnership Ordinance 2015".
  34. "Laws - PITCAIRN". gaylawnet.com.
  35. "The Pitcairn Constitution Order 2010" (PDF). pitcairn.pn.
  36. "Labour and Employment Relations Act 2013" (PDF). parliament.gov.ws.