| Part of the LGBTQ rights series |
 LGBTQportal |
Fiji does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples. The Marriage Act defines marriage as "the voluntary union of one man to one woman", although the Constitution of Fiji guarantees equal protection before the law to all citizens regardless of sexual orientation.
On 26 March 2013, Prime Minister Frank Bainimarama expressed opposition to the recognition of same-sex marriage. Answering a question raised by a caller on a radio talk-back programme, he stated that same-sex marriage "will not be allowed because it is against religious beliefs". [1] [2] In April 2013, a support group representing LGBT students, the Drodrolagi Movement, called for a discussion on the issue. [3] In January 2016, Bainimarama reiterated his opposition to same-sex marriage, saying "there will be no same-sex marriage in Fiji" and suggested that lesbian couples seeking to marry move to Iceland. [4]
In April 2019, Bainimarama reiterated his opposition to same-sex marriage, saying, "As long as we are in government – Fiji will not allow same-sex marriage", because Fiji is a "God-fearing country". [5] His stance was backed by the Catholic Church, the Methodist Church of Fiji and Rotuma and the Fiji Muslim League. [6] The Fiji Coalition on Human Rights said it was "disappointed and disturbed" by Bainimarama's stance, arguing that his remarks go against the basis of Fiji's laws and contradicted his commitment to the United Nations Human Rights Council. [7] That same month, the director of the Fiji Human Rights and Anti-Discrimination Commission, Ashwin Raj, argued that "same-sex marriage [was] not a right", but suggested that "there need[ed] to be more clarity on what the Constitution of Fiji states on the issue of same-sex marriage". Raj added that "the priority must be towards addressing discrimination faced by the LGBTI community", and called for "a calm and rational debate". [8]
The Methodist Church, the largest Christian denomination in Fiji, has been vociferously opposed to same-sex marriage and LGBT rights, arguing that homosexuality "threatens the stability of key institutions in Fiji's society" and violates "Christian standards of morality". [9] Historically, prior to European colonisation and the conversion of the local Fijian population to Christianity in the 19th century, Fijian society authorised homosexual activity through ritual or in the cultural practice of gender liminality. While they may be homosexual, gender-liminal males, known in Fijian as vakasalewalewa (pronounced [βakaˈsaːleɰaleɰa] ), [10] are "deemed not to emphasise their sexual orientation as a fixed aspect of their identity but rather are seen to borrow a range of 'social and cultural attributes and symbols' from the opposite sex in ways that are 'foregrounded and backgrounded according to social context'". This "deeply embedded" tradition has been shaped by the Western introduction of "conservative Christian morality", and leading gender-liminal males to experience social marginalisation and discrimination today. The modern term qauri (pronounced [ŋɡɔu̯ˈriː] ), of Hindi origin, is used to collectively describe all non-heterosexual male-bodied people in Fiji. [11]
Fiji family law does not provide legal recognition to same-sex marriages or civil unions. In 2002, the Marriage Act 1968 (Fijian : Lawa ni Vakamau 1968, pronounced [ˈlaɰaniβakaˈmɔu̯] ; Fiji Hindi: विवाह कानून 1968, Vivaah Kanoon; Rotuman: Foho ne ʻInoso 1968) was amended to state that "marriage in Fiji shall be the voluntary union of one man to one woman to the exclusion of all others". [12] [13] In May 2022, the former director of the Fiji Human Rights Commission, Shaista Shameem, called on same-sex couples to challenge the act in court. [14] Shameem said the same-sex marriage ban may violate Article 26(3) of the Constitution, which bans discrimination based on sexual orientation: [15]
A person must not be unfairly discriminated against, directly or indirectly on the grounds of his or her
- (a) actual or supposed personal characteristics or circumstances, including race, culture, ethnic or social origin, colour, place of origin, sex, gender, sexual orientation, gender identity and expression, birth, primary language, economic or social or health status, disability, age, religion, conscience, marital status or pregnancy; or
- (b) opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others,
or on any other ground prohibited by this Constitution.
Despite opposition from religious groups, protection against discrimination based on sexual orientation had been introduced in 1998; Fiji being among the first three countries in the world to adopt such a constitutional protection, alongside South Africa and Ecuador. [16] In 2022, Fijian-New Zealand activist Shaneel Lal called on the Fijian Government to allow same-sex marriage. [17] [18] When asked to comment on the recognition of same-sex marriage in May 2022, spokespeople for the Unity Fiji Party, the Social Democratic Liberal Party and the National Federation Party said their parties had no official position on the matter. [14]
In 2014, the synod of the Anglican Church in Aotearoa, New Zealand and Polynesia passed a resolution creating a pathway towards the blessing of same-sex relationships. [19] In the meantime, "clergy should be permitted 'to recognise in public worship' a same-gender civil union or state marriage of members of their faith community." [20] Some dioceses in New Zealand offer a "relationship blessing", notably the dioceses of Auckland, [21] Dunedin, [22] and Waiapu. [23] In May 2018, the Anglican Church voted to allow its ministers to bless same-sex civil marriages and unions. Ministers may offer their blessing to civil marriages but are not permitted to perform same-sex wedding ceremonies in the church. [24] The move does not apply to the Diocese of Polynesia. In a separate motion, the synod said that it was "deeply mindful of the deep interweaving of cultural and religious values at the core of our Pacific societies that place a profound respect, and reverence for the belief in God and the belief in the traditional understanding of marriage." [25]
The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples. [26] The Methodist Church of Fiji and Rotuma is opposed to same-sex marriage; [9] "The Methodist Church opposes same-sex marriage. That is still our stand at the moment", said Reverend Jolame Lawasa in 2024. [27]
In 2016, a same-sex couple held a secret Hindu wedding ceremony in Suva alongside friends and family, though the marriage lacks legal recognition in Fiji. The couple said, "We had to keep it quiet. We had to be sure whoever we invited was open-minded. At that time [2016] the military was … loud about their disagreement with homosexuals and had we gotten caught we would've been taken to barracks." [28]
Within Christianity, there are a variety of views on sexual orientation and homosexuality. The view that various Bible passages speak of homosexuality as immoral or sinful emerged through its interpretation and has since become entrenched in many Christian denominations through church doctrine and the wording of various translations of the Bible.
Since the 1990s, the Anglican Communion has struggled with controversy regarding homosexuality in the church. In 1998, the 13th Lambeth Conference of Anglican bishops passed a resolution "rejecting homosexual practice as incompatible with Scripture". However, this is not legally binding. "Like all Lambeth Conference resolutions, it is not legally binding on all provinces of the Communion, including the Church of England, though it commends an essential and persuasive view of the attitude of the Communion." "Anglican national churches in Brazil, South Africa, South India, New Zealand and Canada have taken steps toward approving and celebrating same-sex relationships amid strong resistance among other national churches within the 80 million-member global body. The Episcopal Church in the U.S. has allowed same-sex marriage since 2015, and the Scottish Episcopal Church has allowed same-sex marriage since 2017." In 2017, clergy within the Church of England indicated their inclination towards supporting same-sex marriage by dismissing a bishops' report that explicitly asserted the exclusivity of church weddings to unions between a man and a woman. At General Synod in 2019, the Church of England announced that same-gender couples may remain recognised as married after one spouse experiences a gender transition. In 2023, the Church of England announced that it would authorise "prayers of thanksgiving, dedication and for God's blessing for same-sex couples."
The blessing or wedding of same-sex marriages and same-sex unions is an issue about which leaders of Christian churches are in ongoing disagreement. Traditionally, Christianity teaches that sexual practices between men and sexual practices between women are sinful and that holy matrimony can only exist between two persons of different sexes. These disagreements are primarily centred on the interpretation of various scripture passages related to homosexuality, sacred tradition, and in some churches on varying understandings of homosexuality in terms of psychology, genetics and other scientific data. While numerous church bodies have widely varying practices and teachings, individual Christians of every major tradition are involved in practical (orthopraxy) discussions about how to respond to the issue.
Lesbian, gay, bisexual, and transgender (LGBT) people in Venezuela face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Venezuela, 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. Also, same-sex marriage and de facto unions are constitutionally banned since 1999.
Lesbian, gay, bisexual, and transgender (LGBT) people in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are legal in Bosnia and Herzegovina. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Burkina Faso face legal issues not experienced by non-LGBTQ citizens. Although same-sex sexual acts are legal for both men and women in Burkina Faso, there is no legal recognition of same-sex marriage or adoption rights.
Same-sex marriage has been legal in New Zealand since 19 August 2013. A bill for legalisation was passed by the House of Representatives on 17 April 2013 by 77 votes to 44 and received royal assent on 19 April. It entered into force on 19 August, to allow time for the Department of Internal Affairs to make the necessary changes for marriage licensing and related documentation. New Zealand was the first country in Oceania, the fourth in the Southern Hemisphere, and the fifteenth in the world to allow same-sex couples to marry. Civil unions have also been available for both same-sex and opposite-sex couples since 2005.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Fiji have evolved rapidly over the years. 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.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Australia rank among the highest in the world; having significantly advanced over the latter half of the 20th century and early 21st century. Opinion polls and the Australian Marriage Law Postal Survey indicate widespread popular support for same-sex marriage within the nation. Australia in 2018, in fact was the last of the Five Eyes set of countries - that consisted of namely Canada (2005), New Zealand (2013), United Kingdom (2014) and the United States (2015) to legalize same-sex marriage. A 2013 Pew Research poll found that 79% of Australians agreed that homosexuality should be accepted by society, making it the fifth-most supportive country surveyed in the world. With its long history of LGBTQ activism and annual Gay and Lesbian Mardi Gras festival, Sydney has been named one of the most gay-friendly cities in the world.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Costa Rica have evolved significantly in the past decades. Same-sex sexual relations have been legal since 1971. In January 2018, the Inter-American Court of Human Rights made mandatory the approbation of same-sex marriage, adoption for same-sex couples and the removal of people's sex from all Costa Rican ID cards issued since October 2018. The Costa Rican Government announced that it would apply the rulings in the following months. In August 2018, the Costa Rican Supreme Court ruled against the country's same-sex marriage ban, and gave the Legislative Assembly 18 months to reform the law accordingly, otherwise the ban would be abolished automatically. Same-sex marriage became legal on 26 May 2020.
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.
Lesbian, gay, bisexual, transgender and queer (LGBTQ+)-affirming religious groups are religious groups that welcome LGBT people as their members, do not consider homosexuality as a sin or negative, and affirm LGBT rights and relationships. They include entire religious denominations, as well as individual congregations and places of worship. Some groups are mainly composed of non-LGBTQ+ members and they also have specific programs to welcome LGBTQ+ people into them, while other groups are mainly composed of LGBTQ+ members.
Lesbian, gay, bisexual, and transgender (LGBT) people in Paraguay face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Paraguay, but same-sex couples and households headed by same-sex couples are not eligible for all of the same legal protections available to opposite-sex married couples. Paraguay remains one of the few conservative countries in South America regarding LGBT rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Marshall Islands may face legal challenges not experienced by non-LGBTQ 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.
Lesbian, gay, bisexual, and transgender (LGBT) people living in Nauru may face legal and social challenges not experienced by non-LGBT residents. 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.
The Catholic Church has intervened in political discourses to enact legislative and constitutional provisions establishing marriage as the union of a man and a woman, resisting efforts by civil governments to establish either civil unions or same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Anguilla face legal challenges not experienced by non-LGBTQ 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.
This is a list of notable events in the history of LGBTQ rights taking place in the year 2023.
Mozambique does not recognize same-sex marriages or civil unions. The Family Code of Mozambique recognizes de facto unions but only for opposite-sex couples and bans same-sex marriage. Some protests for the legal recognition of same-sex marriage occurred in 2006, as discussions on this issue were ongoing in South Africa.
Status of same-sex unions around the world | ||
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| Africa |  | |
| Americas | ||
| Asia | ||
| Europe |
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| Oceania |
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| Antarctica |
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