LGBT rights in Oceania

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


Legislation by country or territory

Australasia

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Australia (incl. Christmas Island, Cocos (Keeling) Islands, Norfolk Island) ✔ Legal since 1994 in all Australian states and territories

+ UN decl. sign.

✔ Unregistered cohabitation in all states; registered partnerships in ACT, Tasmania and Victoria ✘ Only transsexual persons allowed to marry (All States) ✔ ACT, Western Australia. In Tasmania same-sex couples are

permitted to adopt a child who is related to a member of the couple only.✘ other states and territories

✔ Yes, since 1992 ✔ Bans most anti-gay discrimination ✔ Yes, Covered by all state and territory laws only
New Zealand ✔ Legal since 1986

+ UN decl. sign.

✔ Yes, since 2004 ✘ ✘ Single gay persons may adopt ✔ ✔ Bans all anti-gay discrimination ✔ Covered under the 'sex discrimination' provision of the Human Rights Act 1993 since 2006.

Melanesia

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
East Timor (terminology "Oceania" varies on border defintions) ✔ Legal
+ UN decl. sign
Unknown Unknown Unknown Unknown Unknown
Fiji ✘ Male illegal
✔ Female legal
Unknown ✘ Unknown Unknown ✘ 1997 constitution that banned all anti-gay discrimination has been suspended Unknown
New Caledonia (overseas collectivity of France) ✔ Legal Civil union No Unknown ✔ Yes since? Unknown
Papua New Guinea ✘ Illegal Unknown ✘ ✘ Unknown Unknown Unknown
Solomon Islands ✘ Illegal Unknown ✘ Unknown Unknown Unknown Unknown
Vanuatu ✔ Legal Unknown Unknown Unknown Unknown Unknown

Micronesia

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Guam (unincorporated territory of the United States) ✔ Legal since 1979 ✘ Currently debated ✘ ✘ Unknown ✔ Bans all anti-gay discrimination
Federated States of Micronesia ✔ Yes, according to most reports ✘ ✘ Unknown ✘ Defense responsibility of the US, which has "Don't Ask, Don't Tell." ✘ ✘
Kiribati ✘ Male illegal
✔ Female legal
Unknown ✘ Unknown Unknown Unknown Unknown
Marshall Islands ✔ Legal since? ✘ ✘ ✘ Unknown ✘
Nauru ✘ Male illegal
✔ Female legal
Unknown ✘ Unknown Unknown Unknown Unknown
Northern Mariana Islands Unknown Unknown Unknown Unknown Unknown Unknown
Palau Unknown Unknown Unknown Unknown Unknown Unknown

Polynesia

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
American Samoa (unincorporated territory of the United States) [2] ✔ Legal since 1899 ✘ ✘ ✘ ✘ US military has "Don't ask, don't tell" policy Unknown
Chile (Easter Island/Rapa Nui only) ✔ Legal since 1998 ✘ ✘ ✘ Unknown ✘
Cook Islands (part of the realm of New Zealand) ✘ Male illegal
✔ Female legal
Unknown ✘ Unknown Has no military forces Unknown Unknown
French Polynesia (overseas collectivity of France) ✔ Legal since ? Unknown Unknown Unknown ✔ Unknown
Niue (part of the realm of New Zealand) ✔ Legal since 2007 Unknown ✘ ✘ Has no military forces Unknown
Pitcairn Islands (overseas territory of the United Kingdom) ✔ Legal since 1967 ✔ Civil partnerships since 2005 ✘ ✔ ✔ ✔ Bans most anti-gay discrimination
Samoa ✘ Unknown ✘ Unknown Has no military forces Unknown Unknown
Tokelau (part of the realm of New Zealand) ✔ Legal since 2007 Unknown ✘ ✘ Has no military forces Unknown
Tonga ✘ Male illegal
✔ Female legal
Unknown ✘ Unknown Unknown Unknown Unknown
Tuvalu ✘ Male illegal
✔ Female legal
Unknown ✘ Unknown Has no military forces Unknown Unknown
Wallis and Futuna (overseas collectivity of France) ✔ Legal since ? Unknown Unknown Unknown ✔ Unknown

See also

References

  1. Avert.org - Age of Consent. Avert.org (N.A.). Retrieved on 2008-12-21.
  2. Sodomy Laws American Samoa. Sodomylaws.org (N.A.). Retrieved on 2008-12-21.

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*Some information provided in whole or in part by http://en.wikipedia.org/