LGBT rights in:
|
Same-sex sexual activity
|
Recognition of same-sex unions
|
Same-sex marriage
|
Adoption by same-sex couples
|
LGBT people allowed to serve openly in military?
|
Anti-discrimination laws concerning sexual orientation
|
Laws concerning gender identity/expression
|
Lack of a Presence of Anti-LGBT laws
|
American Samoa
(
Unincorporated territory
of the
United States
)
[39]
|
Legal since 1980
|
/
Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022.
|
/
Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022.
[40]
|
|
United States responsible for defense
[30]
[31]
|
|
[41]
|
|
Cook Islands
(Part of the
Realm of New Zealand
)
|
Legal since 2023
+ UN decl. sign.
[1]
|
|
|
|
New Zealand responsible for defence
|
Bans some anti-gay discrimination
[42]
|
|
|
Easter Island
(Special territory of
Chile
)
|
Legal since 1999
+ UN decl. sign.
[1]
|
Civil unions since 2015
[43]
|
Since 2022
[44]
|
Since 2022
[44]
|
Chile responsible for defence
[45]
[46]
|
Bans
all
anti-gay discrimination
[47]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021
|
Transgender persons can change their legal gender and name since 1974.
No surgeries or judicial order since 2019.
[48]
|
|
French Polynesia
(
Overseas collectivity
of
France
)
|
Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.
[1]
|
Since 2013
|
Legal since 2013
|
Legal since 2013
|
France responsible for defence
|
Bans
all
anti-gay discrimination
|
Under French law
|
|
Hawaii
(
Constituent state
of the
United States
)
|
Since 1972
|
Since 1997
|
Since 2013
|
Since 2012
|
United States responsible for defence
|
Bans
all
anti-gay discrimination
|
|
|
Niue
(Part of the
Realm of New Zealand
)
|
Male illegal
Penalty: 5-10 years imprisonment. (Not enforced, Legalization proposed).
[49]
Female legal
+ UN decl. sign.
[1]
|
|
|
|
New Zealand responsible for defence
|
|
|
|
Pitcairn Islands
(
Overseas Territory
of the
United Kingdom
)
|
Legal since 2001
+ UN decl. sign.
[1]
|
Since 2015
|
Legal since 2015
[50]
|
Legal since 2015
[51]
|
UK responsible for defence
|
Constitutional ban on
all
anti-gay discrimination
[52]
|
|
|
Samoa
|
Male illegal
Penalty: 5-7 years imprisonment (Not enforced). Legalization proposed
Female always legal
+ UN decl. sign.
[1]
|
|
|
|
Has no military
|
Bans some anti-gay discrimination
[53]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2007
|
Samoa has a large transgender or "third-gender" community called the
fa'afafine
. They are a recognized part of traditional Samoan customs.
|
/
|
Tokelau
(Dependent territory of the
Realm of New Zealand
)
|
Legal since 2003
[54]
+ UN decl. sign.
[1]
|
|
|
|
New Zealand responsible for defence
|
|
|
|
Tonga
|
Male illegal
Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed).
Female always legal
[1]
|
|
|
|
|
|
|
|
Tuvalu
|
Male illegal
Penalty: Up to 14 years imprisonment (Not enforced). Legalization proposed
Female legal
+ UN decl. sign.
[1]
|
|
Consitutional ban since 2023
|
|
Has no military
|
Bans some anti-gay discrimination
|
|
|
Wallis and Futuna
(
Overseas collectivity
of
France
)
|
Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.
[1]
|
Civil solidarity pact since 2009
|
Legal since 2013
|
Legal since 2013
|
France responsible for defence
|
Bans
all
anti-gay discrimination
|
Under French law
|
|