LGBTQ rights in Oceania

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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.[1] Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBTQ communities.[2] 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.[3]

The United Kingdom introduced conservative social attitudes and anti-LGBTQ laws throughout the British Empire, including its colonies throughout the Pacific Ocean.[4] 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.[4] 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.[4][5]

However, six other countries and territories currently have unenforced criminal penalties for "buggery".[6] These are Kiribati, Papua New Guinea, Samoa, Solomon Islands, Tonga, and Tuvalu.


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 Australia
(including territories of
 Christmas Island, the
 Cocos (Keeling) Islands and
 Norfolk Island) 		Yes 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.[7] 		Yes Unregistered cohabitation nationally since 2009;
Domestic partnerships in Tasmania (2004),[8] South Australia (2007),[9] Victoria (2008),[10] New South Wales (2010),[11] and Queensland (2012);[12]
Civil unions in the Australian Capital Territory (2012)[13] 		Yes Legal since 2017[14] Yes Legal nationwide since 2018 Yes Gay men and lesbians since 1992[15]; Transgender and intersex people since 2010[16] Yes Bans all anti-gay discrimination.[17] Yes/No Since 2025, differing regulations within each jurisdiction regarding change of sex on a birth certificate applies - for example some jurisdictions still requires “appropriate clinical treatment” (WA, SA & NT), while others are based on “self-determination” (TAS, VIC, NSW, ACT & QLD).[18][19]. Gender identity change is not recognized for the purpose of inheritance of hereditary peerages and baronetcies, which is subject to Section 16 of the United Kingdom's Gender Recognition Act 2004.
Norfolk Island Norfolk Island
(external territory of Australia) 		Yes Always legal for women. Male legal since 1993.
+ UN decl. sign.[1] 		Yes Since 2010[20] Yes Legal since 2017[21] Yes Legal since 2010 Yes Australia responsible for defence Yes Bans all anti-gay discrimination.[17] Yes/No Based on "self-determination" (New South Wales law).[22][23]. Gender identity change is not recognized for the purpose of inheritance of hereditary peerages and baronetcies, which is subject to Section 16 of the United Kingdom's Gender Recognition Act 2004.
New Zealand New Zealand Yes Legal since 1986
+ UN decl. sign.[7] 		Yes Unregistered cohabitation since 2002;
Civil unions since 2005 		Yes Legal since 2013[24] Yes Legal since 2013[24] Yes Since 1993; Includes transgender people[25] Yes Bans all anti-gay discrimination Yes Covered under the "sex discrimination" provision of the Human Rights Act 1993; Since July 2023, gender self-determination implemented by legislation on a birth certificate.[26][27]

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 Fiji Yes Legal since 2010
+ UN decl. sign.[28][7] 		No No No Yes Bans all anti-gay discrimination[7]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010
New Caledonia New Caledonia
(Special collectivity of France) 		Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[7] 		Yes Civil solidarity pact since 2009[29] Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Papua New Guinea Papua New Guinea No Male illegal since 1899
Penalty: 3 to 14 years imprisonment (Rarely enforced, Legalization proposed).
Yes Female always legal[7] 		No No No No Yes Bans some anti-gay discrimination No
Solomon Islands Solomon Islands No Illegal since 1963
Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed).[7] 		No No No Has no military Yes Bans some anti-gay discrimination[30] No
Vanuatu Vanuatu Yes Legal
(No laws against same-sex sexual activity have ever existed since independence[31])
+ UN decl. sign.[7] 		No No No Yes Bans some anti-gay discrimination No

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 Guam
(Unincorporated territory of the United States) 		Yes Legal since 1978 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2002 Yes United States responsible for defense[32][33] Yes Bans some anti-gay discrimination Yes Allowed to legally change gender, but requires sex reassignment surgery Yes
Federated States of Micronesia Micronesia Yes Legal
+ UN decl. sign.[7] 		No No No Has no military Yes Bans all anti-gay discrimination[34]
Kiribati Kiribati No Male illegal since 1892
Penalty: 5-14 years imprisonment (Not enforced, Legalization proposed).
Yes Female legal[7] 		No No No Has no military Yes Bans some anti-gay discrimination No
Marshall Islands Marshall Islands Yes Legal since 2005
+ UN decl. sign.[7] 		No No No Has no military Yes Bans all anti-gay discrimination[35]
Nauru Nauru Yes Legal since 2016[36][37]
+ UN decl. sign. 		No No No Has no military Yes
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016 		No
Northern Mariana Islands Northern Mariana Islands
(Unincorporated territory of the United States) 		Yes Legal since 1983 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2015 Yes United States responsible for defense[32][33] Yes Bans some anti-gay discrimination[38][39] Yes Under the Vital Statistics Act of 2006 Yes
Palau Palau Yes Legal since 2014
+ UN decl. sign.[40] 		No No Constitutional ban since 2008 No Has no military Yes Bans some anti-gay discrimination No
United States United States Minor Outlying Islands
(Unincorporated territories of the United States) 		Yes Legal Yes Yes Legal Yes Legal Yes United States responsible for defense[32][33] Yes Bans some anti-gay discrimination No Yes

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 American Samoa
(Unincorporated territory of the United States)[41] 		Yes Legal since 1980 No/Yes Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022. No/Yes Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022.[42] No Yes United States responsible for defense[32][33] Yes Bans some anti-gay discrimination Yes[43]
Cook Islands Cook Islands
(Part of the Realm of New Zealand) 		Yes Legal since 2023
+ UN decl. sign.[44] 		No No No Yes New Zealand responsible for defence Yes Bans some anti-gay discrimination[45] No
Easter Island Easter Island
(Special territory of Chile) 		Yes Legal since 1999
+ UN decl.[7] 		Yes Civil unions since 2015[46] Yes Since 2022[47] Yes Since 2022[47] Yes Chile responsible for defence[48][49] Yes Bans all anti-gay discrimination[50]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 		Yes Transgender persons can change their legal gender and name since 1974.
No surgeries or judicial order since 2019.[51]
French Polynesia French Polynesia
(Overseas collectivity of France) 		Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[7] 		Yes Since 2013 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Hawaii Hawaii
(Constituent state of the United States) 		Yes Since 1972 Yes Since 1997 Yes Since 2013 Yes Since 2012 Yes United States responsible for defence Yes Bans all anti-gay discrimination Yes
Niue Niue
(Part of the Realm of New Zealand) 		Yes Legal since 2024
+ UN decl. sign.[52] 		No No No Yes New Zealand responsible for defence No
Pitcairn Islands Pitcairn Islands
(Overseas Territory of the United Kingdom) 		Yes Legal since 2001
+ UN decl. sign.[7] 		Yes Since 2015 Yes Legal since 2015[53] Yes Legal since 2015[54] Yes UK responsible for defence Yes Constitutional ban on all anti-gay discrimination[55]
Samoa Samoa No Male illegal since 1961
Penalty: 5-7 years imprisonment (Not enforced, Legalization proposed)
Yes Female always legal
+ UN decl. sign.[7] 		No No No Has no military Yes Bans some anti-gay discrimination[56]
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 Tokelau
(Dependent territory of the Realm of New Zealand) 		Yes Legal since 2007[57]
+ UN decl. sign.[7] 		No No No Yes New Zealand responsible for defence No No
Tonga Tonga No Male illegal since 1988
Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed).
Yes Female always legal[7] 		No No No No Yes Bans some anti-gay discrimination No
Tuvalu Tuvalu No Male illegal since 1965
Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed)
Yes Female legal
+ UN decl. sign.[7] 		No No Constitutional ban since 2023 No Has no military Yes Bans some anti-gay discrimination
Wallis and Futuna Wallis and Futuna
(Overseas collectivity of France) 		Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[7] 		Yes Civil solidarity pact since 2009 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law


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% [58]
New Zealand New Zealand Ipsos 2023 70% 20% [11% support some rights] 9% ±3.5% [58]
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% - [59]


See also

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Notes

[edit]
  1. ^ a b Also comprises other responses, including: Don't know; No answer; Other; Refused.

References

[edit]
  1. ^ a b "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.
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  3. ^ Gerber, Paula (14 May 2014). "Why the Pacific islands are no gay paradise". Monash University. Archived from the original on 15 August 2018. Retrieved 15 January 2018.
  4. ^ a b c Smith, Harriet (31 October 2016). "Australia's marriage-equality debate reverberates through the Pacific". The Interpreter. Lowy Institute. Archived from the original on 15 June 2018. Retrieved 15 January 2018.
  5. ^ Hopgood, Sela Jane (18 August 2017). "Cooks bill puts spotlight on Pacific's anti-gay laws". Radio New Zealand Pacific News. Radio New Zealand. Archived from the original on 15 June 2018. Retrieved 15 January 2018.
  6. ^ "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. Archived (PDF) from the original on 2 September 2017. Retrieved 19 May 2016.
  7. ^ a b c d e f g h i j k l m n o p q r s "State Sponsored Homophobia: Global Legislation Overview Update 2020" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. December 2020. Archived from the original (PDF) on 27 March 2024. Retrieved 24 September 2025.
  8. ^ "Relationships Act 2003". Tasmanian Legislation. Retrieved 14 September 2012.
  9. ^ "South Australia gays get new rights by Tony Grew (7 December 2006)". pinknews.com.au. Retrieved 3 September 2007.
  10. ^ Relationships Act 2008 (Vic)
  11. ^ "Massive support for register". Star Observer. 13 May 2010. Retrieved 14 September 2012.
  12. ^ Agius, Kym (1 December 2011). "Bligh asks ALP to support gay marriage". Retrieved 14 September 2012.
  13. ^ "Civil Unions Bill 2011". ACT Government. Retrieved 14 September 2012.
  14. ^ Chang, Charis (8 December 2017). "Same-sex marriage is now legal in Australia". news.com.au. Retrieved 8 December 2017.
  15. ^ "Australia Ends a Prohibition On Homosexuals in Military". query.nytimes.com. 24 November 1992.
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  17. ^ a b "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013". aph.gov.au.
  18. ^ "Change of sex". NSW Government. Archived from the original on 27 October 2021. Retrieved 24 May 2024.
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  22. ^ "Change of sex". NSW Government. Archived from the original on 27 October 2021. Retrieved 24 May 2024.
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  27. ^ "Births, Deaths, Marriages, and Relationships Registration Bill". New Zealand Parliament. Archived from the original on 5 December 2017. Retrieved 24 May 2024.
  28. ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Archived from the original on 22 August 2011. Retrieved 6 October 2011.
  29. ^ "NEW CALEDONIA CATCHES UP TO FRANCE". Star Observer. 9 June 2009.
  30. ^ "Solomon Islands Gazette Supplement, No. 35 (8 August 2016)". www.paclii.org. Retrieved 30 September 2025.
  31. ^ "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.
  32. ^ a b c d "In 60 days, gays will be allowed to serve openly in the military". CNN. 23 July 2011.
  33. ^ a b c d McLaughlin, Elizabeth (1 January 2018). "Beginning today, transgender individuals can join the US military". ABC News. Archived from the original on 2 January 2018. Retrieved 24 September 2025.
  34. ^ "Act No 20-150" (PDF). Federated States of Micronesia. Archived from the original (PDF) on 15 December 2018. Retrieved 24 May 2024.
  35. ^ "GENDER EQUALITY ACT, 2019" (PDF). 2019. Archived from the original (PDF) on 11 January 2021. Retrieved 24 May 2024.
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  37. ^ "Crimes Act 2016". Ronlaw. 2016. Archived from the original on 7 August 2016. Retrieved 24 May 2024.
  38. ^ "CHAPTER 90-40 MARIANAS VISITORS AUTHORITY PERSONNEL REGULATIONS" (PDF).
  39. ^ "TITLE 10 CIVIL SERVICE COMMISSION" (PDF). Commonwealth Law Revision Commission. 2016. Archived from the original (PDF) on 15 December 2018. Retrieved 24 May 2024.
  40. ^ "Palau decriminalises sex between men". Gay NZ. 15 October 2014. Archived from the original on 18 October 2014. Retrieved 24 May 2024.
  41. ^ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 19 February 2012. Retrieved 21 December 2008.
  42. ^ Sagapolutele, Fili. "American Samoa is lone US territory questioning gay marriage validity; no licenses sought". USNews. Retrieved 10 July 2015.
  43. ^ "American Samoa". National Center for Transgender Equality.
  44. ^ Leonard, Lana (18 April 2023). "Cook Islands decriminalizes consensual LGBTQ adult relationships making headway for other countries to do the same". Glaad. Archived from the original on 28 December 2023. Retrieved 24 September 2025.
  45. ^ "Employment Relations Act 2012" (PDF). intaff.whupi.com. 2012.
  46. ^ "LEY-20830 21-ABR-2015 MINISTERIO SECRETARIA GENERAL DE GOBIERNO - Ley Chile - Biblioteca del Congreso Nacional". 21 April 2015.
  47. ^ a b Bonnefoy, Pascale; Londoño, Ernesto (7 December 2021). "Chile Legalizes Same-Sex Marriage at Fraught Political Moment". The New York Times. ISSN 0362-4331. Retrieved 7 December 2021.
  48. ^ (in Spanish) Claudio Ortiz Lazo. "Reflexiones en torno a la homosexualidad y fuerzas armadas". Revista Fuerzas Armadas y Sociedad. Retrieved 21 April 2012.
  49. ^ "Histórico: Ejército admite por primera vez en sus filas a un hombre trans". CNN Chile (in Spanish). Archived from the original on 11 January 2021. Retrieved 2 February 2021.
  50. ^ "Chile Congress passes anti-discrimination law". Jurist.org. 5 April 2012. Retrieved 29 June 2012.
  51. ^ "Chilean President Signs Transgender Rights Law". On Top Magazine.
  52. ^ "A history of LGBT criminalisation". Human Dignity Trust. 17 September 2025. Archived from the original on 2 August 2025. Retrieved 24 September 2025.
  53. ^ "Pitcairn Island: Same Sex Marriage and Civil Partnership Ordinance 2015". Equality Case Files. Archived from the original on 23 June 2015. Retrieved 24 May 2024.
  54. ^ "Laws - PITCAIRN". GayLawNet. Archived from the original on 23 June 2015. Retrieved 24 May 2024.
  55. ^ "The Pitcairn Constitution Order 2010" (PDF). Pitcairn Islands. 2010. Archived from the original (PDF) on 18 July 2011. Retrieved 24 May 2024.
  56. ^ "Labour and Employment Relations Act 2013" (PDF). Legislative Assembly. Archived from the original (PDF) on 18 May 2015. Retrieved 24 July 2025.
  57. ^ "Crimes, Procedure and Evidence Rules 2003". PacLii. Retrieved 9 April 2021.
  58. ^ a b LGBT+ PRIDE 2023 GLOBAL SURVEY (PDF). Ipsos. 1 June 2023. Retrieved 12 June 2023.
  59. ^ UOG Poll: 55% Support Gay Marriage, Pacific News Center, April 22, 2015