Recognition of same-sex unions in Oceania

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  Marriage performed
  Civil unions performed
  Recognition of same-sex marriages at the federal level, no territory-level recognition (American Samoa)
  No recognition
  Constitution limits marriage to opposite-sex couples (Palau)
  Same-sex sexual activity illegal, but ban not enforced
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Part of the LGBT rights series
Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 24 states and Mexico City, in certain municipalities in two other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Unregistered cohabitation or Maitri Karar–type contractual relationships
  12. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  13. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent
  14. Limited to spouses of foreign diplomatic officials.
* Not yet in effect
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Debate has occurred throughout Oceania over proposals to legalize same-sex marriage as well as civil unions.

Currently two countries and eight territories in Oceania recognize some type of same-sex unions. Two Oceanian countries, Australia and New Zealand,[nb 1] and seven territories, namely French Polynesia, Guam, Hawaii, New Caledonia, the Northern Mariana Islands, the Pitcairn Islands and Wallis and Futuna allow same-sex couples to legally marry. Additionally, as a territory of Chile, Easter Island performs civil unions, and will perform same-sex marriages when Chile's same-sex marriage law takes effect in 2022.

Current situation[]

National level[]

Status Country Legal since Country population
(Last Census count)
Marriage
(2 countries) 		Australia Australia 2017[1] 24,754,000
New Zealand New Zealand 2013[2] 4,840,750
Total — — 25,749,765
(77.5% of the Oceanian population)
No recognition
(11 countries)
* same-sex sexual activity illegal
Federated States of Micronesia Federated States of Micronesia — 135,869
Fiji Fiji — 856,346
Kiribati Kiribati * ��� 96,335
Marshall Islands Marshall Islands — 73,630
Nauru Nauru — 12,329
Papua New Guinea Papua New Guinea * — 5,172,033
Samoa Samoa * — 179,000
Solomon Islands Solomon Islands * — 494,786
Tonga Tonga * — 106,137
Tuvalu Tuvalu * — 11,146
Vanuatu Vanuatu — 240,000
Subtotal — — 7,377,611
(22.4% of the Oceanian population)
Constitutional ban on marriage
( 1 country) 		Palau Palau 2008[3][4] 19,409
Subtotal — — 19,409
(0.1% of the Oceanian population)
Total — — 7,397,020
(22.5% of the Oceanian population)

Sub-national level[]

Status Country Jurisdiction Legal since
Marriage
(7 jurisdictions)
Chile Chile 2022
France France
  • New Caledonia New Caledonia
  • French Polynesia French Polynesia
  • Wallis and Futuna Wallis and Futuna
 2013[5]
United Kingdom United Kingdom 2015[6]
United States United States Varies
Limited federal recognition only
(1 jurisdiction) 		United States United States —
No recognition
(3 jurisdictions)
* same-sex sexual activity illegal 		New Zealand New Zealand —

Public opinion[]

  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 2021 62% 13% - [13]
New Zealand New Zealand Herald DigiPoll 2013 52% 48% - - [14]
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% - [15]

Notes[]

  1. ^ a b Also comprises: Don't know; No answer; Other; Refused.

See also[]

Notes[]

  1. ^ Excluding Tokelau, Niue and the Cook Islands.

References[]

  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 only Archived 15 April 2015 at the Wayback Machine
  4. ^ The Rights and Liberties of the Palau Constitution by Kevin Bennardo
  5. ^ (in French) LOI n° 2013-404 du 17 mai 2013 ouvrant le mariage aux couples de personnes de même sexe
  6. ^ Same Sex Marriage and Civil Partnership Ordinance 2015
  7. ^ 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
  8. ^ Hawaii Marriage Equality Act of 2013
  9. ^ De La Torre, Ferdie (30 June 2015). "AG says they will be working with Inos admin in drafting regs". Saipan Tribune. Retrieved 30 June 2015.
  10. ^ 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. Retrieved 1 July 2015.
  11. ^ "American Samoa is lone US territory questioning gay marriage validity; no licenses sought". U.S. News and World Report. 10 July 2015. Retrieved 10 July 2015.
  12. ^ "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. Retrieved 10 July 2015.
  13. ^ https://www.ipsos.com/sites/default/files/ct/news/documents/2021-06/LGBT%20Pride%202021%20Global%20Survey%20Report_6.pdf
  14. ^ https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10873630
  15. ^ UOG Poll: 55% Support Gay Marriage, Pacific News Center, April 22, 2015
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