Lesbian, gay, bisexual, and transgender (LGBT) people in

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 ...

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 ...

residents. Male same-sex sexual activity is illegal in

, although there is no recent instance of it being actively prosecuted. 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

Similarly to 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 ...

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 and Apolima); ...

and

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 possesses a traditional

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 usuall ...

population: the fiafifine (also known as the ). They have traditionally been accepted by Niuean society, and would play an important domestic role in communal life. In 2007, during a gathering of delegates from around the Pacific in

Māngere Māngere () or Mangere is one of the largest suburbs in Auckland, in northern New Zealand. It is located on mainly flat land on the northeastern shore of the Manukau Harbour, to the northwest of Manukau City Centre and 15 kilometres south of ...

, New Zealand, a local called out the discrimination and stigma faced by the community: "Our communities were an accepted part of Pacific life and culture prior to Western colonisation, but have been subject to much stigma and discrimination in more recent times."

Laws regarding same-sex sexual activity

Criminal Law Code

Male homosexual activity is illegal in Niue. Consensual male sodomy is punishable by up to ten years' imprisonment, while indecency between males is punishable by up to five years' imprisonment. This is officially the only part of the

Realm of New Zealand The Realm of New Zealand consists of the entire area in which the monarch of New Zealand functions as head of state. The realm is not a federation; it is a collection of states and territories united under its monarch. New Zealand is an indep ...

to still formally criminalise gay sex ever since the Cook Islands legalised it in 2023. 43 Buggery :(1) Every one is liable to imprisonment for 10 years who commits buggery either with a human being or with any other living creature. :(2) This offence is complete upon penetration. 44 Attempted buggery and indecent assaults on males :(1) Every one is liable to imprisonment for 5 years who – ::(a) Attempts to commit buggery; or ::(b) Assaults any person with intent to commit buggery; or ::(c) Being a male, indecently assaults any other male person. :(2) It is no defence to a charge of indecent assault on a male person of any age that he consented to the act of indecency.

Recognition of same-sex relationships

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

).State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults
The ''Family Law Code 2007'' does not expressly prohibit same-sex marriages, but generally assumes the parties to be of the opposite sex. The law forbids marriages within the degrees of consanguinity and marriages where the wife is less than 15 years of age and the husband less than 18 years of age, but makes no mention of same-sex partners. Marriages are recorded by the Registrar of the High Court (), or any minister of religion or other person who has been appointed as a marriage officer.

Living conditions

Much like the rest of

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 ...

, open displays of affection between partners regardless of sexual orientation may offend.Lonely Plant, lesbian travel in the South Pacific
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Summary table

References

{{DEFAULTSORT:Lgbt Rights in Niue Politics of Niue Law of Niue