Part of the LGBT rights series |
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Palau does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples.
Homosexuality in Palau has historically been taboo, and society generally does not accept same-sex relationships. Same-sex sexual relations were prohibited in Palau until a new penal code was enacted in 2014. [1] Christianity, introduced to Palau in the 19th century, has also shaped societal perception, leading LGBT people to experience social marginalisation and discrimination today. [2]
The Constitution of Palau has defined marriage as between "a man and a woman" since 2008. The constitutional ban was among the 22 amendments passed during the November 4, 2008 referendum. Previously, the Constitution did not address same-sex marriage or marriage explicitly. [3] [4] [5] Article IV, Section 13 of the Constitution was amended to read: [6]
The government shall provide for marital and related parental rights, privileges and responsibilities on the basis of equality between men and women, mutual consent and cooperation. All marriages contracted within the Republic of Palau shall be between a man and a woman. Parents or individuals acting in the capacity of parents shall be legally responsible for the support and for the unlawful conduct of their minor children as prescribed by law. [lower-alpha 1]
In July 2019, in response to a question at a weekly press conference, President Tommy Remengesau Jr. said he supported striking down the ban, saying he believes in "full equality" and branding it discriminatory. "Those who are different doesn't mean that they should be outcast, second class citizens, or that they can't contribute to the community. So I want to make it clear that I don't believe in the constitutional amendment that promote[s] discrimination. I want it to be on record that I support the rights of each individual, any Palauan, to be treated equally... Let us treat each other with respect and dignity. This won't be positive for us at the UN level as the trend worldwide is opening up to these individual rights, but we are taking a step backward.", he said. He finished his statements with "as long as they believe in God like everyone else, we can treat each other with respect and dignity". Local activists applauded his comments, calling it a "very surprising and progressive act". [8] [9] [10] [11]
[[File:Same-sex marriage map Oceania.svg|thumb|300px|right|1.5|Recognition of same-sex relationships in Oceania {{legend-shell|lang=en|title=Laws regarding same-sex sexuality in Oceania|
(Country names will appear with mouse-overs when map is viewed at full size. Encircling lines are the exclusive economic zones of each state.)
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In February 2014, a bill was introduced to the Senate of Palau to define marriage in the National Code as being between "a man and a woman" in order to give statutory effect to the new constitutional definition of marriage. The bill passed its first reading in May 2014, but eventually did not pass the National Congress. The Kaleidoscope Australia Human Rights Foundation (KHRF) considered that if enacted, the bill would have "further entrench[ed] discrimination against same-sex couples in Palauan law". Palau also does not recognize civil unions, which would provide same-sex couples a subset of the rights and benefits of marriage. The KHRF reported in 2016 that the constitutional definition of marriage "[does] not hinder the ability of the National Congress to legislate for other forms of relationship recognition". [12] At Palau's second Universal Periodic Review on 21 January 2016, Spain recommended the government to legalize same-sex marriage. The government "noted" (rejected) these recommendations. [12]
The National Code does not expressly forbid same-sex marriages, but its provisions on marriages between two non-citizens or between a citizen and a non-citizen state that "the male" must be at least 18 years of age and "the female" at least 16 years of age. [13]
Palau law does not expressly ban the recognition of same-sex marriages validly performed abroad, but an attempt to register an overseas same-sex marriage was denied in 2014. [14] This refusal was not pursued in court. A 2023 government report recommended allowing same-sex couples married abroad to be recognized and allow surviving spouses to access insurance social security benefits. The report, which according to Vice President Uduch Sengebau Senior can serve as "valuable resource for informed-decision making and policy formulation", also noted that the "LGBT community in Palau supports the removal of the constitutional provision against same-sex marriage". [14] [15]
Lesbian, gay, bisexual, and transgender (LGBT) people in Poland face legal challenges not experienced by non-LGBT residents. According to ILGA-Europe's 2024 report, the status of LGBTQ rights in Poland is the worst among the European Union countries.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Ecuador have evolved significantly in the past decades. Both male and female forms of same-sex sexual activity are legal in Ecuador and same-sex couples can enter into civil unions and same-sex marriages.
Lesbian, gay, bisexual, and transgender (LGBT) people in Venezuela face legal challenges not experienced by non-LGBT 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 Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since 1 July. The law has been condemned by seventeen member states of the European Union. In July 2020, the European Commission started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."
Lesbian, gay, bisexual, and transgender (LGBT) rights in Fiji have evolved rapidly over the years, however, LGBT people may still face 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.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Republic of Ireland are regarded as some of the most progressive in Europe and the world. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues, in part due to the opposition by the Roman Catholic Church, to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female expressions of homosexuality were decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation. Article 41 of the Constitution of Ireland explicitly protects the right to marriage irrespective of sex.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Romania may face legal challenges and discrimination not experienced by non-LGBT residents. Attitudes in Romania are generally conservative, with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant changes in LGBT rights legislation since 2000. In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against homophobic hate crimes. Furthermore, LGBT communities have become more visible in recent years, as a result of events such as Bucharest's annual pride parade and Cluj-Napoca's Gay Film Nights festival.
Lesbian, gay, bisexual, and transgender (LGBT) people in Thailand have several but not all of the same rights as non-LGBT people. Both male and female types of same-sex sexual activity are legal in Thailand, and same-sex marriage rights within the nation are pending legalisation. About eight percent of the Thai population, five million people, are thought to be in the LGBT demographic.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBT residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by 5 years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.
Lesbian, gay, bisexual and transgender (LGBT) people in Georgia face significant challenges not experienced by non-LGBT residents. Georgia is one of the few post-Soviet states that directly prohibits discrimination against all LGBT people in legislation, labor-related or otherwise. Since 2012, Georgian law has considered crimes committed on the grounds of one's sexual orientation or gender identity an aggravating factor in prosecution. The legislative ban on discrimination has been enacted as a part of the Government efforts to bring the country closer to the European Union and make the country's human rights record in line with the demands of Georgia's European and Euro-Atlantic integration.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Kosovo have improved in recent years, most notably with the adoption of the new Constitution, banning discrimination based on sexual orientation. Kosovo remains one of the few Muslim-majority countries that hold regular pride parades.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Dominican Republic do not possess the same legal protections as non-LGBT residents, and face social challenges that are not experienced by other people. While the Dominican Criminal Code does not expressly prohibit same-sex sexual relations or cross-dressing, 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. Households headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples, as same-sex marriage is constitutionally banned in the country.
Vietnam does not recognize same-sex marriages, civil unions, domestic partnerships, unregistered cohabitation, or any other form of recognition for same-sex couples. Article 36(1) of the 2013 Constitution of Vietnam states that "marriage must adhere to the principles of voluntariness, progressiveness, monogamy, and equality between husband and wife."
Armenia does not recognize same-sex marriage or civil unions. The legal status of foreign same-sex marriages is unclear. On 3 July 2017, the Ministry of Justice reportedly stated that all marriages performed abroad are valid in Armenia, including marriages between people of the same sex. Article 143 of the Armenian Family Code states that Armenia recognizes foreign marriages as long as they conform with the legality of the territory where they were performed and contains no explicit prohibition of same-sex marriages. On the other hand, article 152 restricts the application of foreign law incompatible with the domestic public order. As of 2023, no instances of foreign same-sex marriage registrations are known. In 2019, Minister of Justice Rustam Badasyan said that the government does not recognize same-sex marriages.
El Salvador does not recognize same-sex marriage, civil unions or any other legal union for same-sex couples. A proposal to constitutionally ban same-sex marriage and adoption by same-sex couples was rejected twice in 2006, and once again in April 2009 after the Farabundo Martí National Liberation Front (FMLN) refused to grant the measure the four votes it needed to be ratified.
Lesbian, gay, bisexual, and transgender (LGBT) people in Palau do not possess the same legal protections as non-LGBT residents, and may face social challenges that are not experienced by others. Same-sex sexual activity has been legal in Palau since 23 July 2014, when the current Penal Code took effect, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Same-sex marriage is constitutionally banned, and there are no anti-discrimination laws concerning sexual orientation and gender identity.
Same-sex marriage has been legal in Virginia since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in Bostic v. Schaefer. Same-sex marriages subsequently began at 1:00 p.m. on October 6 after the Fourth Circuit issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state same-sex marriages. Previously, the state had passed a statute prohibiting same-sex marriage in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved an amendment to the Constitution of Virginia reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judge ruled in Bostic that Virginia's statutory and constitutional ban on the state recognition of same-sex marriages were unconstitutional, a decision upheld by the Fourth Circuit on July 28, 2014.
Same-sex unions are currently not recognized in Honduras. Since 2005, the Constitution of Honduras has explicitly banned same-sex marriage. In January 2022, the Supreme Court dismissed a challenge to this ban, but a request for the Inter-American Commission on Human Rights to review whether the ban violates the American Convention on Human Rights is pending. A same-sex marriage bill was introduced to Congress in May 2022.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Navajo Nation, the largest indigenous sovereign state in the United States, face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal, but same-sex unions are not recognized, and marriage has been banned by the tribal constitution since 2005. In 2022, a bill was introduced to repeal the ban and recognize same-sex marriage, but has faced challenges on the reservation.
Fiji does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples.