Same-sex marriage in the Northern Mariana Islands

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Notes
  1. Performed statewide in 25 of 31 states and in Mexico City, in certain municipalities in one other state, 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. Neither performed nor recognized in the five Caribbean overseas territories.
  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. Unregistered cohabitation or Maitri Karar–type contractual relationships.
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
a. Adoption by same-sex married couples constitutionally banned.
b. Marriage does not entail joint adoption in all states.
c. Joint adoption not permitted.
* Not yet in effect
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Same-sex marriage in the Northern Mariana Islands was legalized by the United States Supreme Court's landmark Obergefell v. Hodges ruling on June 26, 2015, which found it unconstitutional to ban same-sex marriage. On June 29, Governor Eloy Inos hailed the decision as "historic" in a statement and said he would work with the Attorney General and local officials in the Northern Mariana Islands to bring the U.S. territory into compliance. Attorney General Edward Manibusan issued a memorandum on June 30 confirming that the territory is bound by the court decision, calling its statutes defining marriage between a man and a woman "illegal and unenforceable", and updating its marriage application to provide for same-sex couples.

Legal history[]

  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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There is no prohibition on same-sex marriage in the law of the territory, nor do the statutes specify the sex of the parties to a marriage between citizens of the Northern Mariana Islands.[1] Other provisions assume the parties to a marriage are not of the same sex. With respect to a marriage involving one or more non-citizens, the statutes say: "The male at the time of contracting the marriage be at least 18 years of age and the female at least 16 years of age..."[2] Statutes concerning divorce assume that the partners to a marriage are man and wife.[3][4]

In December 2004, the Northern Mariana Islands House of Representatives voted 15–0 with 1 abstention in favor of a constitutional amendment banning same-sex marriage.[5][6] The amendment failed to pass the Senate.

Decisions of the Ninth Circuit Court of Appeals that found same-sex marriage bans in Nevada and Idaho unconstitutional were binding precedent on federal courts in the Northern Marianas before Obergefell v. Hodges.[7] However, between October 2014 when the precedent came into effect and June 2015 when the Supreme Court struck down all bans, no same-sex couple had filed suit in the District Court for the Northern Mariana Islands to force the issue.

Obergefell v. Hodges[]

The U.S. Supreme Court ruled in Obergefell v. Hodges on June 26, 2015 that laws depriving same-sex couples from the rights of marriage violate the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution. The ruling legalized same-sex marriage nationwide in the United States, including in the Northern Mariana Islands.

On June 29, Governor Eloy Inos hailed the decision as "historic" in a statement and said he would work with the Attorney General and local officials to bring the U.S. territory into compliance.[8] Attorney General Edward Manibusan issued a memorandum on June 30 confirming that the territory is bound by the court decision, calling its statutes defining marriage between a man and a woman "illegal and unenforceable", and updating its marriage application to provide for same-sex couples.[9][10]

Marriage statistics[]

The Public Law 4-11 (Chamorro: Lai Publiku 4-11; Carolinian: Alléghul Toulap 4-11) permits the Governor of the Northern Mariana Islands and local mayors to issue marriage licenses to "two noncitizens or between a noncitizen and a citizen". Since the legalization of same-sex marriage in June 2015, the Northern Mariana Islands has become a popular marriage destination for foreign same-sex couples, especially among Chinese tourists. 2019 estimates showed that tourists made up 99% of same-sex marriages in Saipan.[11]

Saipan Mayor David M. Apatang conducted the first same-sex marriage in the territory on July 22, 2015, saying it was his "legal obligation" to perform the union. He said he was following the June 30 memorandum issued by Attorney General Manibusan. An updated version of the Northern Mariana Islands' marriage form provided by the Attorney General's office was used for the couple.[10][12] By late August 2015, Apatang had performed three same-sex marriages.[13] The first same-sex marriage in Tinian was performed on June 24, 2017.[14][15][16]

According to the Saipan Mayor's Office, there were 12 same-sex marriages in 2015, 30 in 2016,[17] and 88 in 2017 (63 between lesbian couples and 25 between male couples).[18][19][20] The mayor's office conducted 96 same-sex marriages from January to September 2018. Of note, same-sex marriages accounted for the majority of marriages conducted by the office in the first few months of 2018.[21] 256 same-sex marriages were performed in FY2019 (1 October 2018 to 30 September 2019). This accounted for 41% of all marriages.[22] Far less marriages were performed in FY2020 and FY2021 due to COVID-19 pandemic guidelines.[23]

See also[]

References[]

  1. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1205. Archived from the original on May 20, 2016. Retrieved April 21, 2015.
  2. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1201. Archived from the original on May 20, 2016. Retrieved April 21, 2015.
  3. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1331. Archived from the original on May 20, 2016. Retrieved April 21, 2015. A divorce from marriage may be granted ... for the following causes ... Willful neglect by the husband to provide suitable support for his wife when able to do so
  4. ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1332. Archived from the original on May 20, 2016. Retrieved April 21, 2015. In actions for dissolution of marriage, neither the domicile nor residence of the husband shall be deemed to be the domicile or residence of the wife....
  5. ^ House OKs ban on same-sex marriage Saipan Tribune
  6. ^ HLI 14-03
  7. ^ Wetzstein, Cheryl (October 8, 2014). "Gay marriages in Idaho put on hold by Justice Kennedy". Washington Times. Retrieved November 5, 2014.
  8. ^ Pinaroc, Joel (June 29, 2015). "Inos to initiate consultations with AG, mayors on same-sex ruling". Saipan Tribune. Retrieved June 29, 2015.
  9. ^ De La Torre, Ferdie (June 30, 2015). "AG says they will be working with Inos admin in drafting regs". Saipan Tribune. Retrieved June 30, 2015.
  10. ^ a b Todiño, Junhan (July 27, 2015). "Apatang officiates first same-sex marriage on Saipan". Marianas Variety. Retrieved July 27, 2015.
  11. ^ "More tourists obtaining same-sex marriages here". Saipan Tribune. January 17, 2020.
  12. ^ "CNMI celebrates first gay marriage". Radio New Zealand. July 24, 2015.
  13. ^ Camacho, Jayson (August 25, 2015). "Number of same-sex marriages expected to grow". Saipan Tribune.
  14. ^ "Tinian mayor marries 1st LGBT couple". Saipan Tribune. June 27, 2017.
  15. ^ "CNMI's Tinian holds first same-sex marriage ceremony". Radio New Zealand. June 27, 2017.
  16. ^ "Tinian mayor marries Tinian's 1st gay couple". Marianas Variety. June 27, 2017.
  17. ^ Todiño, Junhan (December 20, 2016). "Acting Saipan mayor happy for same-sex couples". Marians Variety.
  18. ^ Todiño, Junhan (March 28, 2017). "Saipan mayor has officiated at 14 same-sex marriages". Marianas Variety.
  19. ^ Todiño, Junhan (March 28, 2017). "Saipan Mayor's Office a hub for same-sex marriages". The Guam Daily Post.
  20. ^ Bautista, Kimberly (December 11, 2017). "Saipan sees 170-pct. increase in same-sex marriages". Saipan Tribune.
  21. ^ Bautista, Kimberly (June 17, 2018). "Same-sex tourism still all the rage in CNMI". Saipan Tribune.
  22. ^ "FY2019 Citizen Centric Report" (PDF). Municipality of Saipan, Office of the Mayor. July 2020.
  23. ^ "FY2021 Citizen Centric Report" (PDF). Municipality of Saipan, Office of the Mayor. October 2021.
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