LGBT rights in the Marshall Islands

LGBT rights in the Marshall Islands
Same-sex sexual intercourse legal status Legal since 2005[1]
Gender identity/expression No[2]
Discrimination protections No
Family rights
Recognition of
relationships		 No

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Marshall Islands may face legal challenges not experienced by non-LGBT residents.

Homosexuality has been legal in the Marshall Islands since 2005. 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 allowed. The country possesses no laws protecting LGBT people from discrimination.

The Human Truth Foundation has listed the Marshall Islands at rank 88 for LGBT rights. This was similar to other Pacific nations, such as Palau (86), Nauru (87) and Micronesia (90).[3]

In 2011, the Marshall Islands signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people.[4]

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal since 2005. The age of consent is equal at 16, regardless of sex and sexual orientation.[1]

Recognition of same-sex relationships

The Marshall Islands does not recognize same-sex marriages or civil unions. Same-sex couples lack legal recognition.

Discrimination protections

There is no legal protection against discrimination based on sexual orientation or gender identity.[1]

Despite a lack of anti-discrimination protections, there have been no known reports of societal discrimination directed against LGBT people.[5]

In 2016, the Marshall Islands received recommendations from Germany and Israel to prohibit discrimination on the basis of sexual orientation and gender identity.[2]

Living conditions

The Marshall Islands has a very limited gay scene. As of 2018, there are no known LGBT organizations in the country.[5] Debates and discussions surrounding LGBT rights tend to be "well off the radar".[2]

The largest religious community in the Marshall Islands is the United Church of Christ, whose American denomination permits same-sex marriage and holds liberal views on LGBT rights.

With regards to HIV/AIDS, the infection rate is very low. The Ministry of Health has included HIV/AIDS among its local health education programs, and public health clinics offer free testing.[5]

Statistics

According to 2017 estimates from UNAIDS, there were about 150 men who have sex with men (MSM) in the country, and about 100 transgender people.[6]

Summary table

Same-sex sexual activity legal (Since 2005)
Equal age of consent (Since 2005)
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military Has no military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

  1. 1 2 3 State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 19 July 2013 at WebCite
  2. 1 2 3 MICRONESIA: A DIVERSE REGION WITH DIVERSE LGBTI LAWS
  3. ↑ LGBT Rights Across the World, Which are the Best and Worst Countries?
  4. ↑ "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva". Geneva.usmission.gov.
  5. 1 2 3 MARSHALL ISLANDS 2015 HUMAN RIGHTS REPORT
  6. ↑ Country factsheets: MARSHALL ISLANDS 2017


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