Recognition of same-sex unions in Oceania

Oceania
  Same-sex marriage
  Other type of partnership (or unregistered cohabitation)
  No recognition
  Same-sex sexual activity illegal
Legal status of same-sex unions
Marriage
Performed

Argentina
Belgium
Brazil
Canada
Colombia
Denmark:
· Denmark proper
· Greenland
Finland*
France
Iceland
Ireland
Luxembourg
Mexico:
· CM, CH, CA,
· CL, GR3, JA,
· MC, MR, NA,
· PU3, QE3,
· QR, CDMX

Netherlands:
· Netherlands proper
New Zealand:
· New Zealand proper
Norway
Portugal
South Africa
Spain
Sweden
United Kingdom:
· England and Wales
· Scotland
· AX and DX, AC*, BAT
· GI, GG*, IM, PN
United States:
· United States proper
· GU, MP, PR, VI
· some tribal jurisdictions
Uruguay

Recognized

  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect

LGBT portal

Debate has occurred throughout Oceania over proposals to legalize same-sex marriage as well as civil unions.

Currently two countries and seven dependent territories in Oceania recognize some type of same-sex unions. One Oceanian country, New Zealand,[nb 1] and seven territories, namely French Polynesia, Guam, New Caledonia, the Northern Mariana Islands, the Pitcairn Islands and Wallis and Futuna allow same-sex couples to legally marry. One country, Australia, recognizes unregistered cohabitation as well as six of its jurisdictions having some form of civil unions. Additionally, as a territory of Chile, Easter Island performs civil unions.

Current situation


National level

Status Country Legal since Country population
(Last Census count)
Marriage
(1 country)
New Zealand New Zealand 2013[1] 4,242,048
Subtotal 4,242,048
(12.7% of the Oceanian population)
Unregistered cohabitation
(1 country)
Australia Australia 2009[2][3] 21,507,717
Subtotal 21,507,717
(64.8% of the Oceanian population)
Total 25,749,765
(77.5% of the Oceanian population)
No recognition
( 11 countries)
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[4][5] 19,409
Subtotal 7,397,020
(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)
France France 2013[6]
United Kingdom United Kingdom 2015[7]
United States United States Varies
Other type of partnership
(7 jurisdictions)
Australia Australia Varies
Chile Chile 2015
No recognition
(3 jurisdictions)
New Zealand New Zealand
Legality of recognition ambiguous or unknown
(1 jurisdiction)
United States United States

See also

Notes

  1. Excluding Tokelau, Niue and the Cook Islands.

References

  1. Marriage (Definition of Marriage) Amendment Act 2013
  2. Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008
  3. Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008
  4. Constitutional proposal 2-274: Marriages between men and women only
  5. The Rights and Liberties of the Palau Constitution by Kevin Bennardo
  6. (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
  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 (June 30, 2015). "AG says they will be working with Inos admin in drafting regs". Saipan Tribune. Retrieved June 30, 2015.
  11. Civil Unions Act 2012
  12. RELATIONSHIPS REGISTER ACT 2010
  13. RELATIONSHIPS ACT 2011
  14. Statutes Amendment (Domestic Partners) Act 2006
  15. Statutes Amendment (Domestic Partners) Act (Commencement) Proclamation 2007
  16. RELATIONSHIPS ACT 2003
  17. PROCLAMATION UNDER THE RELATIONSHIPS ACT 2003 (S.R. 2003, NO. 174)
  18. RELATIONSHIPS ACT 2008 (NO. 12 OF 2008)
  19. 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.
  20. "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.
  21. "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.
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