LGBTQ rights in Oceania

LGBTQ rights in Oceania
  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
Legal statusLegal, with an equal age of consent, in 8 out of 14 countries
Legal, with an equal age of consent, in all 12 territories
Gender identityLegal in 3 out of 14 countries
Legal in 7 out of 12 territories
MilitaryAllowed to serve openly in 2 out of 6 countries having an army
Allowed in all 12 territories
Discrimination protectionsProtected in 7 out of 14 countries
Protected in 8 out of 12 territories
Family rights
Recognition of relationshipsRecognized in 2 out of 14 countries
Recognized in 8 out of 12 territories
RestrictionsSame-sex marriage constitutionally banned in 2 out of 14 countries
AdoptionLegal in 2 out of 14 countries
Legal in 2 out of 12 territories

Like other regions, Oceania is quite diverse in its laws regarding LGBTQ rights. This ranges from significant rights, including same-sex marriage – granted to the LGBTQ community in New Zealand, Australia, Guam, Hawaiʻi, 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. Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBTQ communities. 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.

The United Kingdom introduced conservative social attitudes and anti-LGBTQ laws throughout the British Empire, including its colonies throughout the Pacific Ocean. This legacy persists in anti-LGBTQ laws found in a majority of countries in the subsequent Commonwealth of Nations. Opponents of LGBTQ rights in Oceania have justified their stance by arguing it is supported by tradition and that homosexuality is a "Western vice", although anti-LGBTQ laws themselves are a colonial British legacy. Several Pacific countries have ancient traditions predating colonization that reflect a unique local perspective of sexuality and gender, such as the faʻafafine in Samoa, fakaleitī in Tonga, or māhū in Hawaiʻi.

However, six other countries and territories currently have unenforced criminal penalties for "buggery". These are Kiribati, Papua New Guinea, Samoa, Solomon Islands, Tonga, and Tuvalu.


Tables:

Australasia

Melanesia

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.
Bans all anti-gay discrimination
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010
New Caledonia
(Special collectivity of France)
Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.
Civil solidarity pact since 2009 Legal since 2013 Legal since 2013 France responsible for defence Bans all anti-gay discrimination Under French law
Papua New Guinea Male illegal since 1899
Penalty: 3 to 14 years imprisonment (Rarely enforced, Legalization proposed).
Female always legal
Bans some anti-gay discrimination
Solomon Islands Illegal since 1963
Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed).
Has no military Bans some anti-gay discrimination
Vanuatu Legal
(No laws against same-sex sexual activity have ever existed since independence)
+ UN decl. sign.
Bans some anti-gay discrimination

Micronesia

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 Bans some anti-gay discrimination Allowed to legally change gender, but requires sex reassignment surgery
Micronesia Legal
+ UN decl. sign.
Has no military Bans all anti-gay discrimination
Kiribati Male illegal since 1943
Penalty: 5-14 years imprisonment (Not enforced, Legalization proposed).
Female legal
Has no military Bans some anti-gay discrimination
Marshall Islands Legal since 2005
+ UN decl. sign.
Has no military Bans all anti-gay discrimination
Nauru Legal since 2016
+ 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 Bans some anti-gay discrimination Under the Vital Statistics Act of 2006
Palau Legal since 2014
+ UN decl. sign.
Constitutional ban since 2008 Has no military Bans some anti-gay discrimination
United States Minor Outlying Islands
(Unincorporated territories of the United States)
Legal Legal Legal United States responsible for defense Bans some anti-gay discrimination

Polynesia

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)
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. United States responsible for defense Bans some anti-gay discrimination
Cook Islands
(Part of the Realm of New Zealand)
Legal since 2023
+ UN decl. sign.
New Zealand responsible for defence Bans some anti-gay discrimination
Easter Island
(Special territory of Chile)
Legal since 1999
+ UN decl.
Civil unions since 2015 Since 2022 Since 2022 Chile responsible for defence Bans all anti-gay discrimination
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.
French Polynesia
(Overseas collectivity of France)
Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.
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)
Legal since 2024
+ UN decl. sign.
New Zealand responsible for defence
Pitcairn Islands
(Overseas Territory of the United Kingdom)
Legal since 2001
+ UN decl. sign.
Since 2015 Legal since 2015 Legal since 2015 UK responsible for defence Constitutional ban on all anti-gay discrimination
Samoa Male illegal since 1961
Penalty: 5-7 years imprisonment (Not enforced, Legalization proposed)
Female always legal
+ UN decl. sign.
Has no military Bans some anti-gay discrimination
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 2007
+ UN decl. sign.
New Zealand responsible for defence
Tonga Male illegal since 1988
Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed).
Female always legal
Bans some anti-gay discrimination
Tuvalu Male illegal since 1965
Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed)
Female legal
+ UN decl. sign.
Constitutional 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.
Civil solidarity pact since 2009 Legal since 2013 Legal since 2013 France responsible for defence Bans all anti-gay discrimination Under French law