| Part of the LGBT rights series | ||
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Civil unions and registered partnerships
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Unclear legal status | ||
See also
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Notes
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 LGBT portal | ||
Palau does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples.
| Part of the LGBT rights series |
| LGBT portal |
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 does not recognize civil unions providing same-sex couples with 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 "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]
Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
Lesbian, gay, bisexual, and transgender (LGBT) people in Poland face legal challenges not experienced by non-LGBT residents. According to ILGA-Europe's 2023 report, the status of LGBTQ rights in Poland is the worst among the European Union countries.
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 have improved greatly in recent decades, and are now among the most advanced in Europe. 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.
In the United States, public opinion and jurisprudence on lesbian, gay, bisexual, and transgender (LGBT) rights have developed significantly since the late 1980s.
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 Japan have fewer legal protections than in most other developed countries, although some developments towards stronger rights have been made in the 2020s. Same-sex sexual activity was criminalised only briefly in Japan's history between 1872 and 1881, after which a localised version of the Napoleonic Penal Code was adopted with an equal age of consent. Same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples, although since 2015 some cities and prefectures offer symbolic "partnership certificates" to recognise the relationships of same-sex couples. Japan is the only country in the G7 that does not legally recognize same-sex unions nationally in any form. In March 2021 and May 2023, the Sapporo and Nagoya District Courts ruled that not recognising same-sex marriage was a violation of the Constitution respectively. While in June 2022, the Osaka District Court ruled that not recognising same-sex marriage was not a violation of the Constitution, in November 2022, the Tokyo District Court ruled that the absence of same-sex marriage legislation was an unconstitutional state of affairs but did not violate the Constitution, though the court's ruling has no immediate legal effect. In June 2023, the Fukuoka District Court ruled that the ban on same-sex marriage was constitutional. A second ruling in September 2023 concluded that same-sex relationships should not be excluded from Japan's marriage system.
Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.
Lesbian, gay, bisexual and transgender (LGBT) people in Georgia face significant challenges not experienced by non-LGBT residents. Georgia is one of only a few countries in the former Soviet space 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 are widely diverse in Europe per country. 21 of the 36 countries that have legalised same-sex marriage worldwide are situated in Europe. A further 11 European countries have legalised civil unions or other forms of more limited recognition for same-sex couples.
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."
Japan does not recognize same-sex marriages or civil unions. Several municipalities and prefectures issue same-sex partnership certificates, which provide some benefits, but do not offer equal legal recognition. Most polls conducted since 2013 have found that a majority of Japanese people support the legalization of same-sex marriage or partnerships, and a 2018 poll found it supported by an overwhelming majority of those under age 60.
Armenia does not recognize same-sex marriage or civil unions.
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) persons in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Alaska may face some legal challenges not experienced by non-LGBT Alaskans. Since 1980, same-sex sexual conduct has been allowed, and same-sex couples can marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBT people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.
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.
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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| Same-sex marriage prohibited by constitutional amendment | |
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| Same-sex marriage and civil unions prohibited by constitutional amendment | |
