LGBT rights in Oceania | |
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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 |
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.
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.
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 |
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![]() + UN decl. sign. |
![]() Domestic partnerships in Tasmania (2004), South Australia (2007), Victoria (2008), New South Wales (2010), and Queensland (2012); Civil unions in the Australian Capital Territory (2012) |
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![]() Civil unions since 2005 |
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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 |
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![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 |
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![]() (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign. |
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![]() Penalty: 3 to 14 years imprisonment (Not enforced, Legalization proposed). ![]() |
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![]() Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed). |
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Has no military | ![]() |
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![]() (No laws against same-sex sexual activity have ever existed since independence) + UN decl. sign. |
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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 |
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![]() (Unincorporated territory of the United States) |
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![]() + UN decl. sign. |
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Has no military | ![]() |
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![]() Penalty: 5-14 years imprisonment (Not enforced, Legalization proposed). ![]() |
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Has no military | ![]() |
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Has no military | ![]() |
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Has no military | ![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016 |
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Has no military | ![]() |
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![]() (Unincorporated territories of the United States) |
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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 |
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![]() + UN decl. sign. |
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![]() + UN decl. sign. |
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![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 |
![]() No surgeries or judicial order since 2019. |
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![]() (Overseas collectivity of France) |
![]() (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign. |
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![]() (Part of the Realm of New Zealand) |
![]() Penalty: 5-10 years imprisonment. (Not enforced, Legalization proposed). ![]() + UN decl. sign. |
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![]() (Overseas Territory of the United Kingdom) |
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![]() Penalty: 5-7 years imprisonment (Not enforced). Legalization proposed ![]() + UN decl. sign. |
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Has no military | ![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2007 |
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![]() Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed). ![]() |
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![]() Penalty: Up to 14 years imprisonment (Not enforced). Legalization proposed ![]() + UN decl. sign. |
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Has no military | ![]() |
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![]() (No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign. |
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LGBT rights in Oceania | |
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Sovereign states | |
Associated states of New Zealand | |
Dependencies and other territories |
LGBT+ rights overview | |||||||||||||
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General | |||||||||||||
By regions (list) | |||||||||||||
By years (list) |
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Ideological | |||||||||||||