LGBT rights in Oceania | |
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![]() 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 | |
Status | Legal, 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 identity | Legal in 3 out of 15 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 15 countries Protected in 8 out of 12 territories |
Family rights | |
Recognition of relationships | Recognized in 2 out of 15 countries Recognized in 8 out of 12 territories |
Restrictions | Same-sex marriage constitutionally banned in 1 out of 15 countries |
Adoption | Legal in 2 out of 15 countries Legal in 7 out of 12 territories |
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]
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]
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 |
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![]() + 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] |
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![]() + UN decl. sign.[1] |
![]() Civil unions since 2005 |
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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 |
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![]() + UN decl. sign.[24][1] |
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![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 |
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![]() (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
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![]() Penalty: 3 to 14 years imprisonment (Not enforced, Legalization proposed). ![]() |
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![]() Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed).[1] |
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Has no military | ![]() |
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![]() (No laws against same-sex sexual activity have ever existed since independence[29]) + UN decl. sign.[1] |
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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 |
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![]() (Unincorporated territory of the United States) |
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![]() + UN decl. sign.[1] |
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Has no military | ![]() |
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![]() Penalty: 5-14 years imprisonment (Not enforced, Legalization proposed). ![]() |
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Has no military | ![]() |
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![]() + UN decl. sign.[1] |
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Has no military | ![]() |
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Has no military | ![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016 |
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![]() + UN decl. sign.[38] |
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Has no military | ![]() |
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![]() (Unincorporated territories of the United States) |
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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 |
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![]() (Unincorporated territory of the United States)[39] |
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![]() (Part of the Realm of New Zealand) |
![]() + UN decl. sign.[1] |
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![]() + UN decl. sign.[1] |
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![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 |
![]() No surgeries or judicial order since 2019.[48] |
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![]() (Overseas collectivity of France) |
![]() (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
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![]() (Part of the Realm of New Zealand) |
![]() Penalty: 5-10 years imprisonment. (Not enforced, Legalization proposed).[49] ![]() + UN decl. sign.[1] |
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![]() Penalty: 5-7 years imprisonment (Not enforced). Legalization proposed ![]() + UN decl. sign.[1] |
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Has no military | ![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2007 |
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![]() + UN decl. sign.[1] |
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![]() Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed). ![]() |
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![]() Penalty: Up to 14 years imprisonment (Not enforced). Legalization proposed ![]() + UN decl. sign.[1] |
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Has no military | ![]() |
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![]() (Overseas collectivity of France) |
![]() (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
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