LGBT rights in Oceania

From Wikipedia, the free encyclopedia
Jump to: navigation, search
LGBT rights in Oceania
Oceania (orthographic projection).svg
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 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[edit]

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)		 Yes 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]		 Yes Unregistered cohabitation 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]

 No Banned federally under the Marriage Amendment Act 2004[8] (Pending)[9] Yes/No Joint adoption in Western Australia (2002), the Australian Capital Territory (2004), New South Wales (2010), Tasmania (2013), Victoria (2016) and Queensland (yet to go into effect); Banned in both South Australia and the Northern Territory Yes Since 1992[10] Yes Bans all anti-gay discrimination.[11] Yes[11]
New Zealand New Zealand Yes Legal since 1986
+ UN decl. sign.[1]		 Yes Unregistered cohabitation since 2002;
Civil union since 2005.		 Yes Legal since 2013[12] Yes Legal since 2013[12] Yes Since 1993 Yes Bans all anti-gay discrimination Yes Covered under the "sex discrimination" provision of the Human Rights Act 1993 since 2006.

Melanesia[edit]

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 Yes Legal since 2010
+ UN decl. sign.[13][1]		 No No No Emblem-question.svg Yes Bans some anti-gay discrimination[1] Emblem-question.svg
New Caledonia New Caledonia
(overseas collectivity of France)		 Yes Legal
(No laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[1]		 Yes Civil solidarity pact since 2009 Yes Legal since 2013 Yes Legal since 2013 Yes French responsibility Yes Bans all anti-gay discrimination Yes (Requires sterilization for change)
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.[1]		 No No No Has no military No 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.[14] No
Vanuatu Vanuatu Yes Legal since 2007
+ UN decl. sign.[1]		 No No No Emblem-question.svg No No

Micronesia[edit]

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)		 Yes Legal since 1978
+ UN decl. sign.[1]		 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2002 Yes US responsibility Yes Bans some anti-gay discrimination.
The US hate crime laws apply to all US external territories as well		 Yes 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 Yes Legal
+ UN decl. sign.[1]		 No No No Has no military Emblem-question.svg Emblem-question.svg
Kiribati Kiribati No Male illegal
Penalty: 5-14 years imprisonment
Yes Female legal[1]		 No No No Has no military No No
Marshall Islands Marshall Islands Yes Legal since 2005
+ UN decl. sign.[1]		 No No No Has no military No
Nauru Nauru Yes Legal since 2016[15][16]
+ 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
+ UN decl. sign.[1]		 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2015 Yes US responsibility Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Palau Palau Yes Legal since 2014
+ UN decl. sign.[17]		 No No Constitutional ban since 2008 No Has no military No No

Polynesia[edit]

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)[18]		 Yes Legal since 1980
+ UN decl. sign.[1]		 No No[19] No Yes US responsibility Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Easter Island Easter Island
(Overseas territory of Chile)		 Yes Legal since 1999
(Age of consent discrepancy)
+ UN decl. sign.[1]		 Yes Civil union since 2015. No No LGBT individuals may adopt (Pending) Yes Chile responsible for defence. Yes Yes Since 2007.
Cook Islands Cook Islands
(Part of the Realm of New Zealand)		 No Male illegal
Penalty: 5-14 years imprisonment (Not enforced)
Yes Female legal
+ UN decl. sign.[1]		 No No No Yes New Zealand's responsibility Yes Bans some anti-gay discrimination[20] No
French Polynesia French Polynesia
(Overseas collectivity of France)		 Yes Legal
(No laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[1]		 Yes Since 2013 Yes Legal since 2013 Yes Legal since 2013 Yes French responsibility Yes Bans all anti-gay discrimination Yes (Requires sterilization for change)
Niue Niue
(Part of the Realm of New Zealand)		 Yes Legal since 2007
+ UN decl. sign.[1]		 No No No Yes New Zealand's responsibility 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[21] Yes Legal since 2015[22] Yes UK responsible for defence Yes Constitutional ban on discrimination.[23] 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[24] Yes 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)		 Yes Legal since 2007
+ UN decl. sign.[1]		 No No No Yes New Zealand's responsibility No No
Tonga Tonga No Male illegal
Penalty: Up to 10 years imprisonment and whipping (Not enforced)
Yes Female always legal[1]		 No No No No No No
Tuvalu Tuvalu No Male illegal
Penalty: Up to 14 years imprisonment
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 has ever existed in the collectivity)
+ UN decl. sign.[1]		 Yes Civil solidarity pact since 2009 Yes Legal since 2013 Yes Legal since 2013 Yes French responsibility Yes Bans all anti-gay discrimination Yes (Requires sterilization for change)


See also[edit]

References[edit]

  1. ^ a b c d e f g h i j k l m n o p q r s t u v w x y "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. ^ http://www.gaystarnews.com/article/australian-parliament-vote-same-sex-marriage-again-year040814
  10. ^ "Australia Ends a Prohibition On Homosexuals in Military", New York Times, November 24, 1992
  11. ^ a b Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013
  12. ^ a b Marriage equality Bill officially signed into law, GayNZ.com, Retrieved 19 April 2013
  13. ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Retrieved 6 October 2011. 
  14. ^ Verheyen, Vincent. "Sexual orientation [LGBTQ+] and the draft of the new Solomon Islands Constitution". Retrieved 3 March 2016. 
  15. ^ Nauru decriminalises homosexuality
  16. ^ Crimes Act 2016
  17. ^ Palau decriminalises sex between men
  18. ^ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 2012-02-19. Retrieved 21 December 2008. 
  19. ^ Sagapolutele, Fili. "gay marriage illegal in American Samoa". USNews. Retrieved July 10, 2015. 
  20. ^ Employment Relations Act 2012
  21. ^ Pitcairn Island: Same Sex Marriage and Civil Partnership Ordinance 2015
  22. ^ Laws - PITCAIRN
  23. ^ The Pitcairn Constitution Order 2010
  24. ^ Labour and Employment Relations Act 2013
Retrieved from "https://en.wikipedia.org/w/index.php?title=LGBT_rights_in_Oceania&oldid=722401183"