LGBT rights in Oceania
Oceania is, like other regions, quite diverse in its laws regarding LGBT rights. This ranges from significant rights, including same-sex marriage – granted to the LGBT+ community in New Zealand, Australia, Guam, Hawaii, 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 and one territory. Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBT+ 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.
LGBT rights in Oceania | |
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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 | |
Status | Legal, with an equal age of consent, in 9 out of 15 countries Legal, with an equal age of consent, in 11 out of 12 territories |
Gender identity | Legal in 3 out of 15 countries Legal in 7 out of 12 territories |
Military | Allowed to serve openly in 2 out of 6 countries having an army Allowed in all 12 territories |
Discrimination protections | Protected in 7 out of 15 countries Protected in 8 out of 12 territories |
Family rights | |
Recognition of relationships | Recognized in 2 out of 15 countries Recognized in 8 out of 12 territories |
Restrictions | Same-sex marriage constitutionally banned in 1 out of 15 countries |
Adoption | Legal in 2 out of 15 countries Legal in 7 out of 12 territories |
The United Kingdom introduced conservative social attitudes and anti-LGBT laws throughout the British Empire, including its colonies throughout the Pacific Ocean. This legacy persists in anti-LGBT laws found in a majority of countries in the subsequent Commonwealth of Nations. Opponents of LGBT rights in Oceania have justified their stance by arguing it is supported by tradition and that homosexuality is a "Western vice", although anti-LGBT laws themselves are a colonial British legacy. Several Pacific countries have ancient traditions predating colonisation that reflect a unique local perspective of sexuality and gender, such as the fa'afafine in Samoa and fakaleiti in Tonga.