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Recognition of same-sex unions in Oceania

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Recognition of same-sex relationships in Oceania
  Marriage
  Marriages performed elsewhere are recognized (American Samoa)
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples (Palau, Tuvalu)
  Same-sex sexual activity illegal, but ban not enforced
  Same-sex sexual activity illegal
(Country names will appear with mouse-overs when map is viewed at full size. Encircling lines are the exclusive economic zones of each state.)
Countries performing civil unions in Oceania
  Gender-neutral civil unions.
  Civil unions never performed.
Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Debate has occurred throughout Oceania over proposals to legalize same-sex marriage as well as civil unions.

Currently two countries and eight territories in Oceania recognize some type of same-sex unions. Two Oceanian countries, Australia and New Zealand,[nb 1] and eight territories or states, namely Easter Island, French Polynesia, Guam, Hawaii, New Caledonia, the Northern Mariana Islands, the Pitcairn Islands and Wallis and Futuna allow same-sex couples to legally marry. In American Samoa, same-sex marriage is not performed, but same-sex marriages from other jurisdictions are recognized.

Current situation

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National level

[edit]
Status Country Legal since Country population
(Last Census count)
Marriage
(2 countries) 		Australia Australia 2017[1] 24,754,000
New Zealand New Zealand 2013[2] 4,840,750
Total — — 29,594,750
(80% of the Oceanian population)
No recognition
(10 countries)
* same-sex sexual activity illegal
Federated States of Micronesia Federated States of Micronesia — 135,869
Fiji Fiji — 856,346
Kiribati Kiribati * — 96,335
Marshall Islands Marshall Islands — 73,630
Nauru Nauru — 12,329
Papua New Guinea Papua New Guinea * — 5,172,033
Samoa Samoa * — 179,000
Solomon Islands Solomon Islands * — 494,786
Tonga Tonga * — 106,137
Vanuatu Vanuatu — 240,000
Subtotal — — 7,366,465
(19.44% of the Oceanian population)
Constitutional ban on marriage
( 2 countries)
* same-sex sexual activity illegal 		Palau Palau 2008[3][4] 19,409
Tuvalu Tuvalu * 2023[5] 11,146
Subtotal — — 30,555
(0.1% of the Oceanian population)
Total — — 7,397,020
(20% of the Oceanian population)

Sub-national level

[edit]
Status Country Jurisdiction Legal since
Marriage
(8 jurisdictions)
Chile Chile 2022
France France
  • New Caledonia New Caledonia
  • French Polynesia French Polynesia
  • Wallis and Futuna Wallis and Futuna
 2013[6]
United Kingdom United Kingdom 2015[7]
United States United States Varies
Recognizes marriages performed in other jurisdictions only
(1 jurisdiction) 		United States United States 2022
No recognition
(3 jurisdictions)
* same-sex sexual activity illegal 		New Zealand New Zealand —

Public opinion

[edit]
  Indicates the country/territory has legalized same-sex marriage nationwide
  Indicates that same-sex marriage is legal in certain parts of the country
  Indicates that the country has civil unions or registered partnerships
  Indicates that same-sex sexual activity is illegal
Opinion polls for same-sex marriage by country
Country Pollster Year For Against Neutral[a] Margin
of error 		Source
Australia Australia Ipsos 2023 63%
 27% [16% support some rights]
 10% not sure ±3.5% [14]
New Zealand New Zealand Ipsos 2023 70%
 20% [11% support some rights]
 9% ±3.5% [14]
Opinion polls for same-sex marriage by dependent territory and sub-national entities
Country Pollster Year For Against Neutral[a] Margin
of error 		Source
Guam Guam University of Guam 2015 55% 29% 16% - [15]


Notes

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  1. ^ a b Also comprises: Don't know; No answer; Other; Refused.

See also

[edit]

Notes

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  1. ^ Excluding Tokelau, Niue and the Cook Islands.

References

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  1. ^ Marriage Amendment (Definition and Religious Freedoms) Act 2017
  2. ^ Marriage (Definition of Marriage) Amendment Act 2013
  3. ^ Constitutional proposal 2-274: Marriages between men and women only Archived 15 April 2015 at the Wayback Machine
  4. ^ "The Rights and Liberties of the Palau Constitution by Kevin Bennardo". Archived from the original on 17 April 2015. Retrieved 14 July 2015.
  5. ^ "Constitution of Tuvalu 2023" (PDF).
  6. ^ (in French) LOI n° 2013-404 du 17 mai 2013 ouvrant le mariage aux couples de personnes de même sexe
  7. ^ Same Sex Marriage and Civil Partnership Ordinance 2015
  8. ^ Chief Judge Frances M. Tydingco-Gatewood, District Court of Guam, Order and Opinion Re: Motion for Summary Judgement, Aguero v. Calvo Case 1:15-cv-00009, 8 June 2015
  9. ^ Hawaii Marriage Equality Act of 2013
  10. ^ De La Torre, Ferdie (30 June 2015). "AG says they will be working with Inos admin in drafting regs". Saipan Tribune. Retrieved 30 June 2015.
  11. ^ Gonzales-Pagan, Omar. "No Same-Sex Couple Left Behind: SCOTUS Ruling for the Freedom to Marry Would Apply with Equal Force to U.S. Territories". Lambda Legal. Retrieved 1 July 2015.
  12. ^ "American Samoa is lone US territory questioning gay marriage validity; no licenses sought". U.S. News & World Report. 10 July 2015. Retrieved 10 July 2015.
  13. ^ "Same-sex marriage: American Samoa may be the only territory in the US where the historic Supreme Court ruling does not apply". The Independent. 10 July 2015. Retrieved 10 July 2015.
  14. ^ a b LGBT+ PRIDE 2023 GLOBAL SURVEY (PDF). Ipsos. 1 June 2023. Retrieved 12 June 2023.
  15. ^ UOG Poll: 55% Support Gay Marriage, Pacific News Center, April 22, 2015
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