Recognition of same-sex unions in Tuvalu

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^ Romania provides hospital visitation rights through a "legal representative" status.
LGBTQ portal

Tuvalu does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples. In 2023, the Constitution of Tuvalu was amended to ban same-sex marriage.

Background

[edit]

Similarly to many other Polynesian societies, Tuvalu recognises a third gender structure known as pinapinaaine (pronounced [pinapina.aˈine]; or pina for short), who are individuals whose sex is assigned male at birth, but who embody female gendered behaviours.[1] It is likely that "they have always existed" in Tuvalu, though their cultural role has been shaped by the Western introduction of "conservative Christian morality", leading pinapinaaine to experience social marginalisation and discrimination today.[2][3] In Samoa and American Samoa, such individuals are known as faʻafafine and are considered an integral part of Samoan society. Historically, if they wished to marry and have children, they would marry women, thus creating the possibility for marriages between two female-presenting individuals to be performed in Samoan culture.[4]

[edit]
Recognition of same-sex relationships in Oceania
  Marriage
  Marriages performed elsewhere are recognized (American Samoa)
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples (Palau, Tuvalu)
  Same-sex sexual activity illegal, but ban not enforced
  Same-sex sexual activity illegal
(Country names will appear with mouse-overs when map is viewed at full size. Encircling lines are the exclusive economic zones of each state.)

The Marriage Act (Tuvaluan: Tulafono Lasi i te Faiga o Āvaga, pronounced [tulaˈfono ˈlasi i te faˈiga o aːˈvaŋa]) does not expressly prohibit the recognition of same-sex unions. However, it generally refers to married spouses as "husband" and "wife". This law arguably showed that Tuvalu anticipated recognising only opposite-sex marriages.[5][6] The act was amended in 2015 and 2021, but the Parliament of Tuvalu did not introduce an explicit definition of marriage or expressly ban same-sex marriages. Same-sex marriage also does not appear in the act's "restrictions on marriage" section.[7] Civil unions, which would offer a subset of the rights and benefits of marriage, are likewise not recognised in Tuvalu. As a result, same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including protection from domestic violence, adoption rights, tax benefits and inheritance rights, among others.[8]

The Constitution of Tuvalu previously did not define marriage as being between "a man and a woman". In July 2020, the Parliament established a committee tasked with modifying the Constitution.[9] A draft bill to this effect, which would also define marriage in heterosexual terms, was published on 12 December 2022.[10] The amendments were approved unanimously by Parliament in September 2023,[11] and went into force on 1 October 2023.[12] Article 43(2) states:[12]

Under this Constitution every person has the following fundamental duties and responsibilities to themselves, their dependents, and others [...] to uphold the Christian principles of a family unit, which shall comprise a marriage as between a man and a woman to the exclusion of all others, and their offspring as the foundation of the Tuvaluan society

See also

[edit]

References

[edit]
  1. ^ Jones, Tiffany (2019), Jones, Tiffany; Coll, Leanne; van Leent, Lisa; Taylor, Yvette (eds.), "Conceptualisation Landscapes: Overview of Global Gender and Sexuality Constructions", Uplifting Gender and Sexuality Education Research, Palgrave Studies in Gender and Education, Cham: Springer International Publishing, pp. 3–13, doi:10.1007/978-3-030-24205-3_1, ISBN 978-3-030-24205-3, S2CID 202265231, retrieved 2021-06-07
  2. ^ "Pacific Multi-Country Mapping and Behavioural Study: HIV and STI Risk Vulnerability Among Key Populations, Tuvalu" (PDF). United Nations Development Programme. Retrieved 11 April 2025.
  3. ^ George, Nicole (2008). "Contending Masculinities and the Limits of Tolerance: Sexual Minorities in Fiji". University of Hawaii Press. 20.
  4. ^ Farran, Sue (June 2004). "Transsexuals, Faʻafafine, Fakaleiti and Marriage Law: in the Pacific: Considerations for the Future". The Journal of the Polynesian Society. 113.
  5. ^ "Marriage Act". Pacific Islands Legal Information Institute. Retrieved 11 April 2025.
  6. ^ "Tusi Galue a Famasino o Fono Tulafono a Fenua i Tuvalu" (PDF). Pacific Islands Legal Information Institute (in Tuvalu). Retrieved 11 April 2025.
  7. ^ "Marriage Act" (PDF). Tuvalu Legislation. Retrieved 12 April 2025.
  8. ^ "2023 Country Reports on Human Rights Practices: Tuvalu". U.S. Department of State. Retrieved 12 April 2025.
  9. ^ "Final Report – Constitutional Review Parliamentary Select Committee". Department of Foreign Affairs - Government of Tuvalu. 12 December 2022. Retrieved 25 November 2023.
  10. ^ "The Constitution Of Tuvalu Bill 2022". Department of Foreign Affairs - Government of Tuvalu. 12 December 2022. Retrieved 25 November 2023.
  11. ^ Wright, Stephen (3 October 2023). "Tuvalu outlaws discrimination on basis of sex, disability in new constitution". Benar News. Wellington.
  12. ^ a b "The Constitution of Tuvalu Act 2023" (PDF). Tuvalu Legislation. Retrieved 12 April 2025.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Recognition_of_same-sex_unions_in_Tuvalu&oldid=1286680264"