^abNeither performed nor recognized insome tribal nations of the US. Recognized but not performed in several other tribal nations andAmerican Samoa.
^Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
^A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
^Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
^Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
TheMarriage Act (Chapter 22.25;Tuvaluan:Tulafono Lasi i te Faiga o Āvaga,pronounced[tulaˈfonoˈlasiitefaˈigaoaːˈvaŋa]) does not expressly prohibit the recognition of same-sex unions. However, it generally refers to married spouses as "husband" and "wife".[1][2] The act was amended in 2015 and 2021, but theParliament of Tuvalu did not introduce an explicit definition ofmarriage or expressly ban same-sex marriages.[3]Civil unions, which would offer some of the rights and benefits of marriage, are likewise not recognised in Tuvalu. As a result, same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including protection fromdomestic violence,adoption rights,tax benefits and inheritance rights, among others.[4]
TheConstitution of Tuvalu previously did not define marriage as being between "a man and a woman". In July 2020, the Parliament established a committee tasked with modifying the Constitution.[5] A draft bill to this effect, which would also define marriage in heterosexual terms, was published on 12 December 2022.[6] The amendments were approved unanimously by Parliament in September 2023,[7] and went into force on 1 October 2023.[8] Article 43(2) states:[8]
Under this Constitution every person has the following fundamental duties and responsibilities to themselves, their dependents, and others [...] to uphold the Christian principles of a family unit, which shall comprise a marriage as between a man and a woman to the exclusion of all others, and their offspring as the foundation of the Tuvaluan society
While there are no records of same-sex marriages being performed in Tuvaluan culture in the way they are commonly defined inWestern legal systems, local communities recognize identities and relationships that may be placed on the LGBT spectrum. Similarly to many otherPolynesian societies, Tuvalu recognises athird gender structure known aspinapinaaine (pronounced[pinapina.aˈine]; orpina for short), individuals whose sex is assigned male at birth, but who embody female gendered behaviours.[9] It is likely that "they have always existed" in Tuvalu, though their cultural role has been shaped by the Western introduction of "conservative Christian morality", leadingpinapinaaine to experiencesocial marginalisation anddiscrimination today.[10][11] InSamoa, such individuals are known asfaʻafafine and are considered an integral part of society. Historically, if they wished to marry and have children, they would marry women, thus creating the possibility for marriages between two female-presenting individuals to be performed in Samoan culture.[12]
^Farran, Sue (June 2004). "Transsexuals, Faʻafafine, Fakaleiti and Marriage Law: in the Pacific: Considerations for the Future".The Journal of the Polynesian Society.113.
LGBTQ portal
