LGBT rights in Tokelau

Last updated

LGBT rights in Tokelau
LocationTokelau.png
Status Male legal since 2003, female always legal [1]
Gender identity No
Military New Zealand's responsibility
Discrimination protections No
Family rights
Recognition of relationships No
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) people in Tokelau face legal challenges not experienced by non-LGBT residents. Both male and female kinds of same-sex sexual activity are legal in Tokelau, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. [1]

Contents

History

Tokelau, similarly to Samoa, the Cook Islands, New Zealand, Niue and other Polynesian states, possesses a traditional and cultural third gender population. Such individuals are known in Tokelauan as the fakafāfine. Fakafāfine are assigned male at birth but dress, act and behave as female. People living as this gender role have traditionally been accepted by Tokelauan society. [2] [3] [4]

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in Tokelau since 2003 by the Crimes, Procedure and Evidence Rules 2003. [1] Before that, male homosexual activity was illegal under sections 170 and 171 of Niue Act 1966 as extended to Tokelau by the Tokelau Islands Crimes Regulations 1975. [5] [6]

Recognition of same-sex relationships

Same-sex unions are not recognized (even though they are in New Zealand). Tokelau law does not explicitly prohibit same-sex marriage, but generally assumes the parties to be male and female. The Constitution of Tokelau states the following: [7]

Living conditions

Much like the rest of Polynesia, open displays of affection between partners regardless of sexual orientation may offend. [8]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 2003)
Equal age of consent Yes check.svg (Since 2003)
Anti-discrimination laws in employment only X mark.svg
Anti-discrimination laws in the provision of goods and services X mark.svg
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) X mark.svg
Same-sex marriages X mark.svg
Recognition of same-sex couples X mark.svg
Stepchild adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
LGBT people allowed to serve openly in the military Yes check.svg (New Zealand's responsibility)
Right to change legal gender X mark.svg
Access to IVF for lesbians X mark.svg
Commercial surrogacy for gay male couples X mark.svg
MSMs allowed to donate blood X mark.svg

See also

Related Research Articles

Tokelauan is a Polynesian language spoken in Tokelau and historically by the small population of Swains Island in American Samoa. It is closely related to Tuvaluan and is related to Samoan and other Polynesian languages. Tokelauan has a co-official status with English in Tokelau. There are approximately 4,260 speakers of Tokelauan, of whom 2,100 live in New Zealand, 1,400 in Tokelau, and 17 in Swains Island. "Tokelau" means "north-northeast".

<span class="mw-page-title-main">LGBT rights in Fiji</span>

Lesbian, gay, bisexual and transgender (LGBT) rights in Fiji have evolved rapidly over the years, however LGBT people may still face some legal challenges not experienced by non-LGBT residents. In 1997, Fiji became the second country in the world after South Africa to explicitly protect against discrimination based on sexual orientation in its Constitution. In 2009, the Constitution was abolished. The new Constitution, promulgated in September 2013, bans discrimination based on sexual orientation and gender identity or expression. However, same-sex marriage remains banned in Fiji and reports of societal discrimination and bullying are not uncommon.

<span class="mw-page-title-main">LGBT rights in New Zealand</span>

New Zealand lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. The protection of LGBT rights is advanced, relative to other countries in Oceania, and among the most liberal in the world, with the country being the first in the region and thirteenth in the world to enact same-sex marriage.

The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.

<span class="mw-page-title-main">LGBT in New Zealand</span>

New Zealand society is generally accepting of lesbian, gay, bisexual and transgender (LGBT) peoples. The LGBT-friendly environment is epitomised by the fact that there are several members of Parliament who belong to the LGBT community, LGBT rights are protected by the Human Rights Act, and same-sex couples are able to marry as of 2013. Sex between men was decriminalised in 1986. New Zealand has an active LGBT community, with well-attended annual gay pride festivals in most cities.

<span class="mw-page-title-main">LGBT rights in Tajikistan</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Tajikistan face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Tajikistan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to heterosexual married couples.

<span class="mw-page-title-main">Same-sex relationship</span> Romantic or sexual relationship between people of the same sex

A same-sex relationship is a romantic or sexual relationship between people of the same sex. Same-sex marriage refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries where same-sex marriage does not.

<span class="mw-page-title-main">LGBT rights in Sierra Leone</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Sierra Leone face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal in Sierra Leone and carries a possible penalty of life imprisonment, although this law is seldom enforced.

<span class="mw-page-title-main">LGBT rights in Niue</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Niue face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal in Niue, although there is no recent instance of it being actively prosecuted. Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

<span class="mw-page-title-main">LGBT rights in the Cook Islands</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Cook Islands face some legal challenges not experienced by non-LGBT residents, but these challenges have gradually lessened in recent years. As of 1 June 2023, homosexual acts between men became legal in the Cook Islands after a vote by the Parliament of the Cook Islands. Female homosexual acts have never been illegal. Same-sex marriage is outlawed. Nevertheless, LGBT people do enjoy some limited legal protections, as employment discrimination on the basis of sexual orientation has been banned since 2013.

<span class="mw-page-title-main">LGBT rights in the Marshall Islands</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Marshall Islands may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in the Marshall Islands since 2005, and discrimination on the basis of sexual orientation and gender identity has been outlawed in all areas since 2019. Despite this, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples, as same-sex marriage and civil unions are not recognized.

<span class="mw-page-title-main">LGBT rights in Grenada</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Grenada may face legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts on Grenada proper illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.

<span class="mw-page-title-main">LGBT rights in Samoa</span>

Lesbian, gay, bisexual and transgender (LGBT) people in Samoa face legal challenges not faced by non-LGBT people. Same-sex sexual acts are illegal, punishable by up to seven years imprisonment, but the law is not enforced.

<span class="mw-page-title-main">LGBT rights in Kiribati</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Kiribati face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Kiribati with a penalty of up to 14 years in prison, but the law is not enforced. Female homosexuality is legal, but lesbians may face violence and discrimination. Despite this, employment discrimination on the basis of sexual orientation has been prohibited since 2015.

<span class="mw-page-title-main">LGBT rights in the Northern Mariana Islands</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the Northern Mariana Islands have evolved substantially in recent years. Same-sex marriage and adoption became legal with the Supreme Court's ruling in the case of Obergefell v. Hodges in June 2015. However, the U.S. territory does not ban discrimination based on sexual orientation and gender identity, except in relation to government employees. Gender changes are legal in the Northern Mariana Islands, provided the applicant has undergone sex reassignment surgery.

<span class="mw-page-title-main">LGBT rights in Oklahoma</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Oklahoma may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Oklahoma as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Both same-sex marriage and adoption by same-sex couples have been permitted since October 2014. State statutes do not prohibit discrimination based on sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal. This practice may still continue, as Oklahoma is an at-will employment state and it is still legal to fire an employee without requiring the employer to disclose any reason.

<span class="mw-page-title-main">LGBT rights in Nauru</span>

Lesbian, gay, bisexual, and transgender (LGBT) people living in Nauru may face legal and social challenges not experienced by non-LGBT persons. Same-sex sexual activity has been legal since May 2016, but there are no legal recognition of same-sex unions, or protections against discrimination in the workplace or the provision of goods and services.

<span class="mw-page-title-main">LGBT rights in the United States Virgin Islands</span> Overview of LGBT rights in a U.S. territory

In the U.S. Virgin Islands, Lesbian, gay, bisexual, and transgender (LGBT) rights have evolved substantially in recent years. Same-sex sexual activity has been legal since 1985. The region also provides explicit legal protections against discrimination for LGBT residents since December 2022. Following the Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional, same-sex marriage became legal in the islands.

<span class="mw-page-title-main">Recognition of same-sex unions in Oceania</span>

[[File:Same-sex marriage map Oceania.svg|thumb|300px||1.5|Recognition of same-sex relationships in Oceania {{legend-shell|lang=en|title=Laws regarding same-sex sexuality in Oceania|

<span class="mw-page-title-main">LGBT rights in Anguilla</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Anguilla face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Anguilla, but same-sex couples cannot marry or obtain civil partnerships. Anguillian law does not forbid discrimination based on sexual orientation or gender identity.

References

  1. 1 2 3 "Crimes, Procedure and Evidence Rules 2003". PacLii. Retrieved 9 April 2021.
  2. Macdonald, Baz (7 March 2018). "Fa'afafine, trans and bio queens – gender diversity in the NZ drag scene". Radio New Zealand. Retrieved 22 January 2020.
  3. "Gender Identity – Some definitions". I'm Local. 13 December 2012. Archived from the original on 29 January 2019. Retrieved 22 January 2020.
  4. "Tokelau Dictionary > F [pp. 51–132]". The Bookshelf. p. 68. Retrieved 22 January 2020.
  5. "Tokelau Islands Crimes Regulations 1975". New Zealand Legislation. Retrieved 9 April 2021.
  6. "TOKELAU A HISTORY OF GOVERNMENT" (PDF). 2008. p. 41. Retrieved 9 April 2021.
  7. "Tulafono Fakavae a Tokelau". Pacific Islands Legal Information Institute (in Tokelau).
  8. "LGBT Travellers in Tokelau". Lonely Planet. Retrieved 22 January 2020.