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Recognition of same-sex unions in Oceania

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(Redirected fromSame-sex marriage in Oceania)

Recognition of same-sex relationships in Oceania
  Marriage
  Marriages performed elsewhere are recognized (American Samoa)
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples (Palau, Tuvalu)
  Same-sex sexual activity illegal, but criminalisation not enforced
  Same-sex sexual activity illegal
(Country names will appear with mouse-overs when map is viewed at full size. Encircling lines are theexclusive economic zones of each state.)
Countries performing civil unions in Oceania
  Gender-neutral civil unions.
  Civil unions never performed.
Part of theLGBTQ rights series
Notes
  1. ^abPerformed in the Netherlands proper (including theCaribbean Netherlands), as well as inAruba and Curaçao. May be registered inSint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^Neither performed nor recognized inTokelau or the associated states of theCook Islands andNiue.
  3. ^Same-sex marriage is also legal in theCrown Dependencies ofGuernsey, theIsle of Man andJersey, and theBritish Overseas Territories ofAkrotiri and Dhekelia, theBritish Antarctic Territory, theBritish Indian Ocean Territory, theFalkland Islands,Gibraltar, thePitcairn Islands,Saint Helena, Ascension and Tristan da Cunha, andSouth Georgia and the South Sandwich Islands. Same-sex marriage is not performed in six British Overseas Territories:Anguilla,Bermuda, theBritish Virgin Islands, theCayman Islands,Montserrat, and theTurks and Caicos Islands.
  4. ^abNeither performed nor recognized insome tribal nations of the US. Recognized but not performed in several other tribal nations andAmerican Samoa.
  5. ^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.
  6. ^abcdTheComan v. Romania ruling of theEuropean Court of Justice obliges the state to provide residency rights for the foreign spouses ofEU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^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.
  8. ^Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^Indian courts have recognizedguru–shishya,nata pratha ormaitri karar–type contractual relationships, but they are not legally binding.
  11. ^Most Japanese cities and prefectures issuepartnership certificates, but they are not legally binding.
  12. ^Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^Romania provides hospital visitation rights through a "legal representative" status.
LGBTQ portal

Debate has occurred throughoutOceania over proposals to legalizesame-sex marriage as well ascivil unions.

Currently two countries and eight territories in Oceania recognize some type of same-sex unions. Two Oceanian countries,Australia andNew Zealand,[nb 1] and eight territories or states, namelyEaster Island,French Polynesia,Guam,Hawaii,New Caledonia, theNorthern Mariana Islands, thePitcairn Islands andWallis and Futuna allow same-sex couples to legally marry. InAmerican Samoa, same-sex marriage is not performed, but same-sex marriages from other jurisdictions are recognized.

Current situation

[edit]

National level

[edit]
StatusCountryLegal sinceCountry population
(Last Census count)
Marriage
(2 countries)		AustraliaAustralia2017[1]24,754,000
New ZealandNew Zealand2013[2]4,840,750
Total——29,594,750
(80% of the Oceanian population)
No recognition
(10 countries)
* same-sex sexual activity illegal
Federated States of MicronesiaFederated States of Micronesia—135,869
FijiFiji—856,346
KiribatiKiribati *—96,335
Marshall IslandsMarshall Islands—73,630
NauruNauru—12,329
Papua New GuineaPapua New Guinea *—5,172,033
SamoaSamoa *—179,000
Solomon IslandsSolomon Islands *—494,786
TongaTonga *—106,137
VanuatuVanuatu—240,000
Subtotal——7,366,465
(19.44% of the Oceanian population)
Constitutional ban on marriage
( 2 countries)
* same-sex sexual activity illegal		PalauPalau2008[3][4]19,409
TuvaluTuvalu *2023[5]11,146
Subtotal——30,555
(0.1% of the Oceanian population)
Total——7,397,020
(20% of the Oceanian population)

Sub-national level

[edit]
StatusCountryJurisdictionLegal since
Marriage
(8 jurisdictions)
Chile Chile2022
FranceFrance
  • New Caledonia New Caledonia
  • French Polynesia French Polynesia
  • Wallis and Futuna Wallis and Futuna
2013[6]
United KingdomUnited Kingdom2015[7]
United StatesUnited StatesVaries
Recognizes marriages performed in other jurisdictions only
(1 jurisdiction)		United States United States2022
No recognition
(3 jurisdictions)		New Zealand New Zealand—

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
CountryPollsterYearForAgainstNeutral[a]Margin
of error		Source
AustraliaAustraliaIpsos202363%27% [16% support some rights]10% not sure±3.5%[14]
New ZealandNew ZealandIpsos202370%20% [11% support some rights]9%±3.5%[14]
Opinion polls for same-sex marriage by dependent territory and sub-national entities
CountryPollsterYearForAgainstNeutral[a]Margin
of error		Source
GuamGuamUniversity of Guam201555%29%16%-[15]


Notes

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

See also

[edit]

Notes

[edit]
  1. ^Excluding Tokelau, Niue and the Cook Islands.

References

[edit]
  1. ^Marriage Amendment (Definition and Religious Freedoms) Act 2017
  2. ^Marriage (Definition of Marriage) Amendment Act 2013
  3. ^Constitutional proposal 2-274: Marriages between men and women onlyArchived 15 April 2015 at theWayback Machine
  4. ^"The Rights and Liberties of the Palau Constitution by Kevin Bennardo". Archived fromthe original on 17 April 2015. Retrieved14 July 2015.
  5. ^"Constitution of Tuvalu 2023"(PDF).Archived(PDF) from the original on 7 November 2025. Retrieved7 November 2025.
  6. ^(in French)LOI n° 2013-404 du 17 mai 2013 ouvrant le mariage aux couples de personnes de même sexe
  7. ^"Same Sex Marriage and Civil Partnership Ordinance 2015"(PDF). Archived fromthe original(PDF) on 7 January 2016. Retrieved2 July 2015.
  8. ^Chief Judge Frances M. Tydingco-Gatewood,District Court of Guam,Order and Opinion Re: Motion for Summary Judgement,Aguero v.Calvo Case 1:15-cv-00009, 8 June 2015
  9. ^Hawaii Marriage Equality Act of 2013
  10. ^De La Torre, Ferdie (30 June 2015)."AG says they will be working with Inos admin in drafting regs".Saipan Tribune. Retrieved30 June 2015.
  11. ^Gonzales-Pagan, Omar."No Same-Sex Couple Left Behind: SCOTUS Ruling for the Freedom to Marry Would Apply with Equal Force to U.S. Territories". Lambda Legal. Retrieved1 July 2015.
  12. ^"American Samoa is lone US territory questioning gay marriage validity; no licenses sought".U.S. News & World Report. 10 July 2015. Retrieved10 July 2015.
  13. ^"Same-sex marriage: American Samoa may be the only territory in the US where the historic Supreme Court ruling does not apply".The Independent. 10 July 2015. Retrieved10 July 2015.
  14. ^abLGBT+ PRIDE 2023 GLOBAL SURVEY(PDF). Ipsos. 1 June 2023. Retrieved12 June 2023.
  15. ^UOG Poll: 55% Support Gay Marriage,Pacific News Center, April 22, 2015
Sovereign states
Associated states
of New Zealand
Dependencies
and other territories
Status ofsame-sex unions around the world
Africa
Americas
Asia
Europe
Oceania
Antarctica
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