Lesbian, gay, bisexual, and transgender (LGBT) rights in Guam have improved significantly in recent years. Same-sex sexual activity has not been criminalized since 1978, and

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...

has been allowed since June 2015. The

U.S. The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

territory now has discrimination protections in employment for both

sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...

and

gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...

. Additionally, federal law has provided for

hate crime A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...

coverage since 2009. Gender changes are legal in

Guam Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...

, provided the applicant has undergone sex reassignment surgery.

History

The

Chamorro people The Chamorro people (; also CHamoru) are the indigenous people of the Mariana Islands, politically divided between the United States territory of Guam and the encompassing Commonwealth of the Northern Mariana Islands in Micronesia. Today, signif ...

have traditionally accepted homosexuality and transgender people. Chamorro society was a very sexually tolerant society, where homosexuality was never viewed as taboo but "was taken for granted as part of life". The

Chamorro Chamorro may refer to: * Chamorro people, the indigenous people of the Mariana Islands in the Western Pacific * Chamorro language, an Austronesian language indigenous to The Marianas * Chamorro Time Zone, the time zone of Guam and the Northern Mari ...

word for a gay man is (literally ''little flowers''), whereas lesbian is (literally ''women acting like men''). Following

Spanish colonization The Spanish Empire ( es, link=no, Imperio español), also known as the Hispanic Monarchy ( es, link=no, Monarquía Hispánica) or the Catholic Monarchy ( es, link=no, Monarquía Católica) was a colonial empire governed by Spain and its History ...

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. In 1900, the Naval Governor of Guam published an order, whereby "the males of the Caroline islanders' community in Guam are hereby forbidden to appear in public in their customary nude condition, or "string-and-pouch" decoration." A new penal code was ordained by the Naval Governor in 1933; identical to California's, it prohibited

sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...

, fellatio (oral sex) and cunnilingus, whether heterosexual and homosexual, with between one and ten years' imprisonment. The only reported sodomy case in Guam occurred in the early 1950s. The case, known as ''Pennington v. Government'', resulted in a victory for the defendant, accused of engaging in an act of sodomy, but solely on procedural grounds. The Ninth Circuit Court of Appeals held that the trial court had been without authority to try Pennington without a jury. Private, adult, consensual and non-commercial

homosexual Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...

acts have been legal in

since a reform of the Criminal Code in 1978.

Recognition of same-sex relationships

Guam became the first overseas territory of the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

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 ''Latta v. Otter'' is a case initiated in 2013 in U.S. federal court by plaintiffs seeking to prevent the state of Idaho from enforcing its ban on same-sex marriage. The plaintiffs won in U.S. District Court. The case was appealed to the Ninth Cir ...

'' striking down identical bans in

Idaho Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyom ...

and

Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...

. The territory began issuing marriage licenses to same-sex couples four days later. The

Legislature of Guam The Legislature of Guam ( ch, Liheslaturan Guåhan) is the law-making body for the United States territory of Guam. The unicameral legislative branch consists of fifteen senators, each serving for a two-year term. All members of the legislature a ...

passed the ''Guam Marriage Equality Act of 2015'' on August 11, 2015, making Guam's marriage laws gender-neutral. 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. It was not voted on.

Adoption and family planning

Following Guam's legalization of same-sex marriage,

adoption by same-sex couples Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child ( stepchild adoption). Joint adoption by same-sex cou ...

has also been permitted. Additionally, lesbian couples have access to assisted reproduction services, such as

in vitro fertilization In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) ...

. Guam recognizes the non-genetic, non-gestational parent as a legal parent to a child born via donor insemination, but only if the parents are married. In May 2017, the Guam Department of Public Health and Social Services announced it would enter the names of both spouses on the birth certificates of children who have same-sex parents.

Discrimination protections and hate crime law

In August 2015, the Guam Legislature unanimously passed ''Bill 102-33'', which bans discrimination based on sexual orientation and gender identity or expression in employment. Discrimination against government employees based on their sexuality or identity is also forbidden. Federal law covers

hate crimes A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...

on both sexual orientation and gender identity since 2009 under the federal ''

Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act is a landmark United States federal law, passed on October 22, 2009, and signed into law by President Barack Obama on October 28, 2009, as a rider to the National Defense Auth ...

''.

Transgender rights

In order for transgender people to change their legal gender in Guam on their birth certificate, 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. The Motor Vehicle Division Supervisor will issue an amended driver's license upon receipt of a sworn statement from a physician that the sex of the applicant has been surgicially changed. 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

. 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. On December 13, 2018, the Legislature decided to postpone a vote on the bill until issues regarding medical and law enforcement processes were dealt with, but the bill ultimately failed on December 17, 2018, as it was defeated by a vote of 6–7.

Blood donation

Since 2015, gay and bisexual men in Guam have been allowed to donate blood following a one-year deferral period. In April 2020, in light of the coronavirus pandemic, the deferral period was reduced to three months.

Living conditions

Guam is regarded as tolerant and accepting of LGBT people, with very few reports of societal discrimination or harassment. According to an April 2015 poll conducted by students from the

University of Guam University of Guam ( ch, Unibetsedåt Guåhan) (U.O.G.) is a public land-grant university in Mangilao, Guam. It is accredited by the Western Association of Schools and Colleges and offers thirty-four degree programs at the undergraduate level a ...

, 55% of Guam residents were in favor of same-sex marriage, while 29% opposed it and 16% were undecided. Since the 1990s, there has been a visible LGBT social scene, with a handful of

nightclub A nightclub (music club, discothèque, disco club, or simply club) is an entertainment venue during nighttime comprising a dance floor, lightshow, and a stage for live music or a disc jockey (DJ) who plays recorded music. Nightclubs gener ...

s and social functions organized locally. Guam Pride has been held annually since 2017, attracting a few hundred people. 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.

Summary table

References

{{DEFAULTSORT:Lgbt Rights In Guam

LGBT rights 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. Notably, , 33 ...