Recognition of same-sex unions in Micronesia

The Federated States of Micronesia does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples.

Legal history

Background

According to the Kaleidoscope Australia Human Rights Foundation in 2015, Micronesia "had in recent years given several indications of its support for human rights, including those of LGBTI persons. Despite this, the Federated States of Micronesia [h]as yet to introduce legislative change or take other meaningful steps to recognise these rights."^[1] It enacted comprehensive legislation including sexual orientation as a prohibited ground of discrimination in employment and other areas in 2018,^[2] but does not recognize same-sex unions in any form. As a result, same-sex couples cannot access the rights and benefits of marriage, including inheritance, tax benefits, domestic violence protections, and alimony, among others. Civil unions are also not recognized in Micronesia.

The Constitution of the Federated States of Micronesia does not address marriage or family, and does not explicitly forbid same-sex marriages.^[3] There has been no political and societal movements to legalize same-sex marriages or civil partnerships, and the issue is seldom discussed in civil society.

Micronesia has two Polynesian outlier islands, Kapingamarangi and Nukuoro, which may, similarly to many other Polynesian societies, recognise a third gender role in their cultures. In Samoa and American Samoa, such individuals are known as faʻafafine and are considered an integral part of Samoan society. If they wish to marry and have children, they will marry women, thus creating the possibility for marriages between two female-presenting individuals to be performed in Samoan culture.^[4] It is possible a similar custom exists on these two islands, where they would be known as hakaahina in the Kapingamarangi language and as hagahahine in the Nukuoro language.^[5]^[6] A similar third gender structure exists in Chuuk where such individuals are known as wininmwáán (pronounced [wininˈmˠaːn]), translating to "women who behave like men". However, "this does not necessarily mean that wininmwáán are sexually active with females [or marry females]".^[7]

State laws

Pohnpei laws recognize three types of marriage: statutory civil marriage, statutory religious marriage (Pohnpeian: inou sarawi), and statutory customary marriage (pwopwoud en tiahk en sahpw, pronounced [ˌpʷopʷoˈwut ɛn t̻iˈjɐːk ɛn sɐːpʷ]). Marriage between partners of the same sex is not explicitly banned, but laws generally refer to married spouses as "husband and wife". Civil marriage requires a marriage license issued by the Governor of Pohnpei, and solemnization of the marriage to be performed by civil authorities. Religious marriages are solemnized by an ordained minister of a religious denomination, whereas customary marriages are solemnized according to local traditions.^[8] The Constitution of Pohnpei does not expressly address marriage, but Article 5 on "family obligations" states: "To strengthen and retain good family relations in Pohnpei, as needed, this Constitution recognizes and protects the responsibility and authority of parents over their children".^[9]

Chuuk statutory laws do not forbid same-sex marriages, but generally refers to the partners as "husband and wife" or "the male" and "the female". In addition to civil marriage, the state also recognizes customary marriages (Chuukese: apwúpwúlú fán eóreni) performed according to local Chuukese traditions.^[10] Customary marriages (Yapese: maabgol ni rogon yalean) are also recognized in Yap.^[11] The Constitution of Yap does not address marriage rights.^[12] The marriage laws in Kosrae assume the partners to be of the opposite sex.^[1] Section 16.101 of the Kosrae State Code reads:^[13] "A marriage performed in the State is valid, if: (a) The male at the time of marriage is at least eighteen years of age and the female at least sixteen years of age, and, if the female is less than eighteen years of age, the marriage has the consent of at least one of the female's parents or her guardian; [...]".^[a]

Notes

^ In Kosraean: Pahyuck se oreklac ke State ac akihlenyuck, efin: (a) Mukul se ke pacl in pahyuck an year singucul alkosr matwac ac muhtwacn sacn tiac srihk liki year singucul ohnkohsr matwacl, ac, efin muhtwacn sacn srihk liki year singucul alkosr, pahyuck sacn oasr inseselac luhn sie sin pahpah kuh ninac kuh mwet karihngihn muhtwacn sacn; [...].

References

^ ^a ^b "Federated States of Micronesia (Cycle 2)". ARC International. 23 December 2015.
^ "C.B. NO. 20-258" (PDF). Archived from the original (PDF) on 15 December 2018. Retrieved 15 December 2018.
^ "Constitution of the Federated States of Micronesia". fsmlaw.org. Retrieved 21 March 2024.
^ Farran, Sue (June 2004). "Transsexuals, Faʻafafine, Fakaleiti and Marriage Law: in the Pacific: Considerations for the Future". The Journal of the Polynesian Society. 113.
^ Michael D., Lieber; Kalio H., Dikepa (2019). Kapingamarangi Lexicon. University of Hawaii Press. ISBN 9780824881320.
^ Vern, Carroll; Soulik, Tobias (1973). Nukuoro Lexicon. University of Hawaii Press. ISBN 9780824802509.
^ Haggerty, George; Zimmerman, Bonnie (1999). Encyclopedia of Lesbian and Gay Histories and Cultures: An Encyclopedia. Gay histories and cultures. Vol. 2. Taylor & Francis. ISBN 9780815333548.
^ "In the matter of the Estate of Yoshitaro (1989)". FSM Law. Retrieved 21 March 2024.
^ "Constitution of Pohnpei". FSM Law. Retrieved 21 March 2024.
^ "DRAFT CSC, Title 23. Family Law Chapter 2 Marriage". FSM Law. Retrieved 21 March 2024.
^ "In Yap, customary justice trumps constitutional law". Pacific Island Times. 6 April 2023.
^ "Constitution of Yap". FSM Law. Retrieved 22 March 2024.
^ "Enenuh luhn inseselac inmahsrlo in pahyuck". kosraestatejudiciary.com (in Kosraean). Archived from the original on 26 August 2018.

[14] In Kosraean: Pahyuck se oreklac ke State ac akihlenyuck, efin: (a) Mukul se ke pacl in pahyuck an year singucul alkosr matwac ac muhtwacn sacn tiac srihk liki year singucul ohnkohsr matwacl, ac, efin muhtwacn sacn srihk liki year singucul alkosr, pahyuck sacn oasr inseselac luhn sie sin pahpah kuh ninac kuh mwet karihngihn muhtwacn sacn; [...].

[arc-international-1] "Federated States of Micronesia (Cycle 2)". ARC International. 23 December 2015.

[2] "C.B. NO. 20-258" (PDF). Archived from the original (PDF) on 15 December 2018. Retrieved 15 December 2018.

[3] "Constitution of the Federated States of Micronesia". fsmlaw.org. Retrieved 21 March 2024.

[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] Michael D., Lieber; Kalio H., Dikepa (2019). Kapingamarangi Lexicon. University of Hawaii Press. ISBN 9780824881320.

[6] Vern, Carroll; Soulik, Tobias (1973). Nukuoro Lexicon. University of Hawaii Press. ISBN 9780824802509.

[7] Haggerty, George; Zimmerman, Bonnie (1999). Encyclopedia of Lesbian and Gay Histories and Cultures: An Encyclopedia. Gay histories and cultures. Vol. 2. Taylor & Francis. ISBN 9780815333548.

[8] "In the matter of the Estate of Yoshitaro (1989)". FSM Law. Retrieved 21 March 2024.

[9] "Constitution of Pohnpei". FSM Law. Retrieved 21 March 2024.

[10] "DRAFT CSC, Title 23. Family Law Chapter 2 Marriage". FSM Law. Retrieved 21 March 2024.

[11] "In Yap, customary justice trumps constitutional law". Pacific Island Times. 6 April 2023.

[12] "Constitution of Yap". FSM Law. Retrieved 22 March 2024.

[13] "Enenuh luhn inseselac inmahsrlo in pahyuck". kosraestatejudiciary.com (in Kosraean). Archived from the original on 26 August 2018.

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Recognition of same-sex unions in Micronesia

Legal history

Background

State laws

See also

Notes

References

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