LGBT rights in Guam

From Wikipedia, the free encyclopedia
Jump to navigation Jump to search
LocationGuam.png
StatusLegal since 1978
Gender identityTransgender people are allowed to change gender, only after sex reassignment surgery since 1992[1]
Discrimination protectionsYes, both sexual orientation and gender identity or expression (employment only)
Family rights
Recognition of relationshipsSame-sex marriage since 2015
AdoptionYes

Lesbian, gay, bisexual, and transgender (LGBT) rights in Guam, which is an unincorporated territory of the United States, have improved significantly in recent years. Same-sex sexual activity has not been criminalized since 1978 and same-sex marriage has been allowed since 2015. The U.S. territory now has discrimination protections in employment for both sexual orientation and gender identity. Additionally, federal law has provided for hate crime coverage since 2009. Gender changes are legal in Guam, provided the applicant has undergone sex reassignment surgery.

History[edit]

The Chamorro people have traditionally accepted homosexuality and transgender people. Chamorro society was a very sexually tolerant society,[2] where homosexuality was never viewed as taboo. It has been described as openly bisexual, though this is disputed.[3][4] The Chamorro word for a gay man is mamflorita (literally little flowers), whereas lesbian is malalahi (literally women acting like men).[5]

Following Spanish colonization in the 17th century, and the subsequent Westernization and Americanization of Guam in the 20th century, it incorporated the Western concepts of sexuality and gender, which until recently stigmatized LGBT people.

Laws regarding same-sex sexual activity[edit]

Private, adult, consensual and non-commercial homosexual acts have been legal in Guam since a reform of the Criminal Code in 1978.[6]

Recognition of same-sex relationships[edit]

Guam became the first overseas territory of the United States to recognize and perform same-sex marriages in June 2015. On June 5, 2015, Chief Judge Frances Tydingco-Gatewood of the United States District Court for the District of Guam ruled that Guam's prohibition on same-sex couples marrying is unconstitutional. She cited the Ninth Circuit Court of Appeals decision in Latta v. Otter striking down identical bans in Idaho and Nevada.[7][8][9][10] The territory began issuing marriage licenses to same-sex couples four days later. The Legislature passed the Guam Marriage Equality Act of 2015 on August 11, 2015, making Guam's marriage laws gender-neutral.[11]

In 2009, a measure was introduced into the Legislature of Guam that would have given same-sex couples some of the same legal rights and responsibilities as opposite-sex married couples.[12] It was not voted on.[13]

Adoption and family planning[edit]

Following Guam's legalization of same-sex marriage, adoption rights for same-sex couples have also been legal. Additionally, lesbian couples have access to IVF.[14]

Birth certificates[edit]

In May 2017, the Guam Department of Public Health and Social Services announced it would list both same-sex parents on birth certificates. This came after a same-sex couple were initially denied the right to list both their names on their child's birth certificate.[15]

Discrimination protections and hate crime law[edit]

In August 2015, the Legislature unanimously passed Bill 102-33, which bans discrimination based on sexual orientation and gender identity or expression in employment.[16] Federal law covers hate crimes on both sexual orientation and gender identity since 2009, under the federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

Gender identity or expression[edit]

Gender changes are legal in Guam.[1] In order for transgender people to change their legal gender in Guam, they must provide the Office of Vital Statistics a sworn statement from a physician that they have undergone sex reassignment surgery. The Office will subsequently amend the birth certificate of the requester.[1]

In May 2018, Senator Fernando Esteves introduced a bill to make it easier for transgender individuals to change their legal gender. Under the proposed bill, transgender people seeking a legal gender change would have had to receive judicial permission and send the Office of Vital Statistics a letter confirming their gender identity. The letter must have also included documentation from a certified psychologist, social worker, therapist or other licensed professional affirming that the applicant's request reflects their sex or gender identity. Surgery would not have been required.[17][18] On 13 December 2018, the Legislature decided to postpone a vote on the bill until issues regarding medical and law enforcement processes were dealt with.[19] But the bill ultimately failed on 17 December 2018 as it was defeated by a vote of 6-7.[20][21]

Blood donation[edit]

Since 2015, gay and bisexual men in Guam have been allowed to donate blood following a one-year deferral period.[22]

Living conditions[edit]

Guam is regarded as tolerant and accepting of LGBT people, with very few reports of societal discrimination or harassment.[23] According to a April 2015 poll conducted by students from the University of Guam, 55% of Guam residents were in favor of same-sex marriage, while 29% opposed it and 16% were undecided.[24]

Since the 1990s, there has been a visible LGBT social scene, with a handful of nightclubs and social functions organized locally. Guam Pride has been held annually since 2017, attracting a few hundred people.[23]

Guam is a member of the International Gay and Lesbian Travel Association, and has recently begun commercializing itself as a tourist destination for LGBT people.[23][25]

Summary table[edit]

Same-sex sexual activity legal Yes (Since 1978)
Equal age of consent Yes (Since 1978)
Anti-discrimination laws in employment Yes (Since 2015)
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No
Same-sex marriages Yes (Since 2015)
Recognition of same-sex couples Yes (Since 2015)
Stepchild adoption by same-sex couples Yes (Since 2015)
Joint adoption by same-sex couples Yes (Since 2015)
LGB people allowed to serve openly in the military Yes (Since 2011)
Transgender people allowed to serve openly in the military Yes (Since 2018)
Right to change legal gender Yes (Since 1992, only after sex reassignment surgery)[1]
Access to IVF for lesbians Yes
Commercial surrogacy for gay male couples Emblem-question.svg (Guam law is silent on all surrogacy)[26]
MSMs allowed to donate blood No/Yes (Since 2015; 1 year deferral period)

See also[edit]

References[edit]

  1. ^ a b c d "Guam Birth Certificate Laws". National Center for Transgender Equality.
  2. ^ Shaw, Susan M.; Staton Barbour, Nancy; Duncan, Patti; Freehling-Burton, Kryn; Nichols, Jane (2018). Women's Lives around the World: A Global Encyclopedia [4 volumes].
  3. ^ Gay Guam
  4. ^ Matriarchal traditions endure from pre-colonial Guam
  5. ^ Gender identity and Sexual Identity in the Pacific and Hawai'i: Introduction
  6. ^ "Gay rights map: Notes on the data". BBC News. February 5, 2014. Retrieved November 3, 2014.
  7. ^ Court strikes down Guam's same-sex marriage ban
  8. ^ "Guam becomes first US territory to recognise same-sex marriage". The Guardian. 5 June 2015.
  9. ^ Guam officially approves same-sex marriage
  10. ^ Federal judge strikes down Guam’s same‑sex marriage ban
  11. ^ Legislature passes Marriage Equality Act
  12. ^ "Guam Considers Recognizing Gay Unions". On Top Magazine. August 18, 2009. Retrieved July 6, 2012.
  13. ^ Aguon, Mindy (February 24, 2011). "Gay community hopeful for Guam civil unions". Kuam News. Retrieved August 27, 2013.
  14. ^ IVF AROUND THE WORLD: Which Countries Treat Lesbian Couples?
  15. ^ Gay couple wins battle Birth certificate to get both parents' names
  16. ^ Marriage Equality and Employment Nondiscrimination Acts Pass
  17. ^ Bill allows gender change on birth certificate. The Guam Daily Post, May 31, 2018
  18. ^ Bill No. 291-34
  19. ^ Lawmakers raise concerns with gender-change bill. The Guam Daily Post, December 12, 2018
  20. ^ Kerrigan, Kevin (December 18, 2018). "Transgender bill fails; 17 other measures passed". The Guam Daily Post.
  21. ^ Marchesseault, Jeffrey (December 17, 2018). "Birth certificate sex change bill fails". Pacific News Center.
  22. ^ FDA overturns 30-year ban on blood donations by gay men Reuters
  23. ^ a b c Hundreds join Pride March
  24. ^ UOG Poll: 55% Support Gay Marriage, Pacific News Center, April 22, 2015
  25. ^ Denight: Celebrate continued growth of Guam's tourism industry
  26. ^ Pesch, Bill (January 3, 2016). "No uniform surrogacy laws". Pacific Daily News.