Template:LGBT rights table Oceania
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Tables:
Australasia
[edit]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 (including territories of Christmas Island, the Cocos (Keeling) Islands and Norfolk Island) |
Always legal for women. Male legal in some states and territories since 1975, nationwide since 1997. Tasmania was the last state to legalise male homosexuality; Equal age of consent in some states and territories since 1975, nationwide since 2016. + UN decl. sign.[1] |
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] |
Legal since 2017[8] | Legal nationwide since 2018 | Gay men and lesbians since 1992[9]; Transgender and intersex people since 2010[10] | Bans all anti-gay discrimination.[11] | Different regulations within each jurisdiction on change of sex. NSW explicitly legally requires sexual reassignment surgery to change sex on a birth certificate, since 1996.[12][13] |
New Zealand | Legal since 1986 + UN decl. sign.[1] |
Unregistered cohabitation since 2002; Civil unions since 2005 |
Legal since 2013[14] | Legal since 2013[14] | Since 1993; Includes transgender people[15] | Bans all anti-gay discrimination | Covered under the "sex discrimination" provision of the Human Rights Act 1993; From July 2023, change of sex on a birth certificate by self-determination.[16][17] |
Melanesia
[edit]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 |
---|---|---|---|---|---|---|---|
Fiji | Legal since 2010 + UN decl. sign.[18][1] |
Bans all anti-gay discrimination[1] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 |
|||||
Indonesia | Legal (except in Aceh)[1][19] | Limited protection following legal process by the authorities.[20] | Transgender people allowed to change legal gender, but only after sex reassignment surgery. | ||||
New Caledonia (Special collectivity of France) |
Legal (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
Civil solidarity pact since 2009[21] | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law |
Papua New Guinea | Male illegal Penalty: 3 to 14 years imprisonment (Rarely enforced, legalization proposed). Female always legal[1] |
||||||
Solomon Islands | Illegal Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed).[1] |
Has no military | [22] | ||||
Vanuatu | Legal (No laws against same-sex sexual activity have ever existed since independence[23]) + UN decl. sign.[1] |
Bans some anti-gay discrimination |
Micronesia
[edit]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 |
---|---|---|---|---|---|---|---|---|
Guam (Unincorporated territory of the United States) |
Legal since 1978 | Since 2015 | Legal since 2015 | Legal since 2002 | United States responsible for defense[24][25] | Bans some anti-gay discrimination | Allowed to legally change gender, but requires sex reassignment surgery | |
Micronesia | Legal + UN decl. sign.[1] |
Has no military | Bans all anti-gay discrimination[26] | |||||
Kiribati | Male illegal Penalty: 5-14 years imprisonment (Not enforced, Legalization proposed). Female legal[1] |
Has no military | Bans some anti-gay discrimination | |||||
Marshall Islands | Legal since 2005 + UN decl. sign.[1] |
Has no military | Bans all anti-gay discrimination[27] | |||||
Nauru | Legal since 2016[28][29] + UN decl. sign. |
Has no military | Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016 |
|||||
Northern Mariana Islands (Unincorporated territory of the United States) |
Legal since 1983 | Since 2015 | Legal since 2015 | Legal since 2015 | United States responsible for defense[24][25] | Bans some anti-gay discrimination[30][31] | Under the Vital Statistics Act of 2006 | |
Palau | Legal since 2014 + UN decl. sign.[32] |
Constitutional ban since 2008 | Has no military | |||||
United States Minor Outlying Islands (Unincorporated territories of the United States) |
Legal | Legal | Legal | United States responsible for defense[24][25] |
Polynesia
[edit]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 |
---|---|---|---|---|---|---|---|
American Samoa (Unincorporated territory of the United States)[33] |
Legal since 1980 | / Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022. | / Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022.[34] | United States responsible for defense[24][25] | [35] | ||
Cook Islands (Part of the Realm of New Zealand) |
Legal since 2023 + UN decl. sign.[1] |
New Zealand responsible for defence | Bans some anti-gay discrimination[36] | ||||
Easter Island (Special territory of Chile) |
Legal since 1999 + UN decl. sign.[1] |
Civil unions since 2015[37] | Since 2022[38] | Since 2022[38] | Chile responsible for defence[39][40] | Bans all anti-gay discrimination[41] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 |
Transgender persons can change their legal gender and name since 1974. No surgeries or judicial order since 2019.[42] |
French Polynesia (Overseas collectivity of France) |
Legal (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
Since 2013 | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law |
Hawaii (Constituent state of the United States) |
Since 1972 | Since 1997 | Since 2013 | Since 2012 | United States responsible for defence | Bans all anti-gay discrimination | |
Niue (Part of the Realm of New Zealand) |
Male illegal Penalty: 5-10 years imprisonment. (Not enforced, Legalization proposed).[43] Female legal + UN decl. sign.[1] |
New Zealand responsible for defence | |||||
Pitcairn Islands (Overseas Territory of the United Kingdom) |
Legal since 2001 + UN decl. sign.[1] |
Since 2015 | Legal since 2015[44] | Legal since 2015[45] | UK responsible for defence | Constitutional ban on all anti-gay discrimination[46] | |
Samoa | Male illegal Penalty: 5-7 years imprisonment (Not enforced). Legalization proposed Female always legal + UN decl. sign.[1] |
Has no military | Bans some anti-gay discrimination[47] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2007 |
Samoa has a large transgender or "third-gender" community called the fa'afafine. They are a recognized part of traditional Samoan customs. | |||
Tokelau (Dependent territory of the Realm of New Zealand) |
Legal since 2003[48] + UN decl. sign.[1] |
New Zealand responsible for defence | |||||
Tonga | Male illegal Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed). Female always legal[1] |
||||||
Tuvalu | Male illegal Penalty: Up to 14 years imprisonment (Not enforced). Legalization proposed Female legal + UN decl. sign.[1] |
Consitutional ban since 2023 | Has no military | Bans some anti-gay discrimination | |||
Wallis and Futuna (Overseas collectivity of France) |
Legal (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign.[1] |
Civil solidarity pact since 2009 | Legal since 2013 | Legal since 2013 | France responsible for defence | Bans all anti-gay discrimination | Under French law |
References
- ^ a b c d e f g h i j k l m n o p q r s t u v "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.
- ^ "Relationships Act 2003". Tasmanian Legislation. Retrieved 14 September 2012.
- ^ "South Australia gays get new rights by Tony Grew (7 December 2006)". pinknews.com.au. Retrieved 3 September 2007.
- ^ Relationships Act 2008 (Vic)
- ^ "Massive support for register". Star Observer. 13 May 2010. Retrieved 14 September 2012.
- ^ Agius, Kym (1 December 2011). "Bligh asks ALP to support gay marriage". Retrieved 14 September 2012.
- ^ "Civil Unions Bill 2011". ACT Government. Retrieved 14 September 2012.
- ^ Chang, Charis (8 December 2017). "Same-sex marriage is now legal in Australia". news.com.au. Retrieved 8 December 2017.
- ^ "Australia Ends a Prohibition On Homosexuals in Military". query.nytimes.com. 24 November 1992.
- ^ Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
- ^ "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013". aph.gov.au.
- ^ "Change of sex". NSW Government. Archived from the original on October 27, 2021. Retrieved May 24, 2024.
- ^ McCormack, Madura (June 15, 2023). "Qld passes laws to change gender on birth certificate without surgery". Courier Mail. Archived from the original on July 21, 2023. Retrieved May 24, 2024.
- ^ a b "Marriage equality Bill officially signed into law". gaynz.com. 19 April 2013.
- ^ Sweijs, Tim. "LGBT Military Personnel: a Strategic Vision for Inclusion". hcss.nl. The Hague Centre for Strategic Studies. Retrieved 4 November 2020.
- ^ "New Zealand passes law making it easier to change sex on birth certificates". The Guardian. December 9, 2021.
- ^ "Births, Deaths, Marriages, and Relationships Registration Bill". New Zealand Parliament. Archived from the original on December 5, 2017. Retrieved May 24, 2024.
- ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Archived from the original on 22 August 2011. Retrieved 6 October 2011.
- ^ "Satpol PP Palembang, Ungkap Sering Temukan Pasangan LGBT, Tapi Sulit Ditindak". Sripoku.com. February 6, 2020.
- ^ Rongiyati, Sulasi (November 2015). "Surat Edaran Kapolri Tentang Ujaran Kebencian: Menjaga Kebebasan Berpendapat Dan Harmonisasi Kemajemukan" (PDF). Info Singkat. 7 (21): 1–4. ISSN 2088-2351.
- ^ "NEW CALEDONIA CATCHES UP TO FRANCE". Star Observer. 9 June 2009.
- ^ Verheyen, Vincent. "Sexual orientation [LGBTQ+] and the draft of the new Solomon Islands Constitution". Retrieved 3 March 2016.
- ^ "Submission to the UN Universal Periodic Review regarding the protection of the rights of LGBTI persons in Vanuatu" (PDF). Kaleidoscope Human Rights Foundation and the VPride Foundation. Retrieved 5 April 2021.
- ^ a b c d "In 60 days, gays will be allowed to serve openly in the military". CNN. 23 July 2011.
- ^ a b c d "Beginning today, transgender individuals can join the US military". ABC News. 1 January 2018.
- ^ "Act No 20-150" (PDF). Federated States of Micronesia. Archived from the original (PDF) on December 15, 2018. Retrieved May 24, 2024.
- ^ "GENDER EQUALITY ACT, 2019" (PDF). 2019. Archived from the original (PDF) on January 11, 2021. Retrieved May 24, 2024.
- ^ "Nauru decriminalises homosexuality". RNZ. May 27, 2016. Archived from the original on June 1, 2016. Retrieved May 24, 2024.
- ^ "Crimes Act 2016". Ronlaw. 2016. Archived from the original on August 7, 2016. Retrieved May 24, 2024.
- ^ "CHAPTER 90-40 MARIANAS VISITORS AUTHORITY PERSONNEL REGULATIONS" (PDF).
- ^ "TITLE 10 CIVIL SERVICE COMMISSION" (PDF). Commonwealth Law Revision Commission. 2016. Archived from the original (PDF) on December 15, 2018. Retrieved May 24, 2024.
- ^ "Palau decriminalises sex between men". Gay NZ. October 15, 2014. Archived from the original on October 18, 2014. Retrieved May 24, 2024.
- ^ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 19 February 2012. Retrieved 21 December 2008.
- ^ Sagapolutele, Fili. "American Samoa is lone US territory questioning gay marriage validity; no licenses sought". USNews. Retrieved 10 July 2015.
- ^ "American Samoa". National Center for Transgender Equality.
- ^ "Employment Relations Act 2012" (PDF). intaff.whupi.com. 2012.
- ^ "LEY-20830 21-ABR-2015 MINISTERIO SECRETARIA GENERAL DE GOBIERNO - Ley Chile - Biblioteca del Congreso Nacional". 21 April 2015.
- ^ a b Bonnefoy, Pascale; Londoño, Ernesto (2021-12-07). "Chile Legalizes Same-Sex Marriage at Fraught Political Moment". The New York Times. ISSN 0362-4331. Retrieved 2021-12-07.
- ^ (in Spanish) Claudio Ortiz Lazo. "Reflexiones en torno a la homosexualidad y fuerzas armadas". Revista Fuerzas Armadas y Sociedad. Retrieved 21 April 2012.
- ^ Chile, C. N. N. "Histórico: Ejército admite por primera vez en sus filas a un hombre trans". CNN Chile (in Spanish). Retrieved 2 February 2021.
- ^ "Chile Congress passes anti-discrimination law". Jurist.org. 5 April 2012. Retrieved 29 June 2012.
- ^ "Chilean President Signs Transgender Rights Law". On Top Magazine.
- ^ "Criminal Law Code" (PDF). Niue Legislation 2019 Volume 1. p. 542.
- ^ "Pitcairn Island: Same Sex Marriage and Civil Partnership Ordinance 2015". Equality Case Files. Archived from the original on June 23, 2015. Retrieved May 24, 2024.
- ^ "Laws - PITCAIRN". GayLawNet. Archived from the original on June 23, 2015. Retrieved May 24, 2024.
- ^ "The Pitcairn Constitution Order 2010" (PDF). Pitcairn Islands. 2010. Archived from the original (PDF) on July 18, 2011. Retrieved May 24, 2024.
- ^ "Labour and Employment Relations Act 2013" (PDF). parliament.gov.ws.
- ^ "Crimes, Procedure and Evidence Rules 2003". PacLii. Retrieved 9 April 2021.