Lesbian, gay, bisexual, and transgender (LGBT) people in Tokelau face legal challenges not experienced by non-

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is a ...

residents. Both the male and female kinds of same-sex sexual activity are legal in

Tokelau Tokelau (; ; known previously as the Union Islands, and, until 1976, known officially as the Tokelau Islands) is a dependent territory of New Zealand in the southern Pacific Ocean. It consists of three tropical coral atolls: Atafu, Nukunonu, a ...

, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

History

Tokelau, similarly to

Samoa Samoa, officially the Independent State of Samoa; sm, Sāmoa, and until 1997 known as Western Samoa, is a Polynesian island country consisting of two main islands (Savai'i and Upolu); two smaller, inhabited islands (Manono Island, Manono an ...

, the

Cook Islands ) , image_map = Cook Islands on the globe (small islands magnified) (Polynesia centered).svg , capital = Avarua , coordinates = , largest_city = Avarua , official_languages = , lan ...

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

Niue Niue (, ; niu, Niuē) is an island country in the South Pacific Ocean, northeast of New Zealand. Niue's land area is about and its population, predominantly Polynesian, was about 1,600 in 2016. Niue is located in a triangle between Tong ...

and other

Polynesia Polynesia () "many" and νῆσος () "island"), to, Polinisia; mi, Porinihia; haw, Polenekia; fj, Polinisia; sm, Polenisia; rar, Porinetia; ty, Pōrīnetia; tvl, Polenisia; tkl, Polenihia (, ) is a subregion of Oceania, made up of ...

n states, possesses a traditional and cultural

third gender Third gender is a concept in which individuals are categorized, either by themselves or by society, as neither man nor woman. It is also a social category present in societies that recognize three or more genders. The term ''third'' is usually ...

population. Such individuals are known in

Tokelauan Tokelauan is a Polynesian language spoken in Tokelau and on Swains Island (or Olohega) in American Samoa. It is closely related to Tuvaluan and is related to Samoan and other Polynesian languages. Tokelauan has a co-official status with Englis ...

as the . are assigned male at birth but dress, act and behave as female. People living as this gender role have traditionally been accepted by Tokelauan society.

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in

since 2003 by the ''Crimes, Procedure and Evidence Rules 2003''. Before that, male homosexual activity was illegal under sections 170 and 171 of ''Niue Act 1966'' as extended to Tokelau by the ''Tokelau Islands Crimes Regulations 1975''.

Recognition of same-sex relationships

Same-sex unions are not recognized (even though they are in

). Tokelau law does not explicitly prohibit same-sex marriage, but generally assumes the parties to be male and female. The Constitution of Tokelau states the following: * in

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

: ''The family is the basis of the nation, and the positive approach we use for the raising of our families shall be the basis for making national decisions.'' * in

Living conditions

Much like the rest of

, open displays of affection between partners regardless of sexual orientation may offend.

Summary table

References

{{Oceania in topic, LGBT rights in

Politics of Tokelau Law of Tokelau

Rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...