LGBT rights in American Samoa

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LGBT rights in American Samoa
American Samoa (USA)
Same-sex sexual activity legal? Legal since 1980
Discrimination protections None
Family rights
Recognition of
relationships		 No recognition of same-sex marriage
Adoption No

LGBT people in the United States territory of American Samoa face legal challenges not experienced by non-LGBT residents.

Same-sex sexual activity became legal in the territory in 1980, but same-sex couples are not eligible for the rights and benefits available to different-sex married couples.

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in American Samoa since 1980.[1]

Recognition of same-sex relationships

The American Samoa Code Annotated does not specify the sex of the parties to a marriage, but refers to the age of "the male" and "the female". It prescribes the use of a form in which the parties identify the parents to whom they are related as "son " and as "daughter".[2]

Representative Sua Carl Schuster introduced legislation to ban same-sex marriage in 2003. He said he hoped to establish the territory's position clearly in order to avoid lawsuits like those in the mainland United States. Many supporters of the bill cited their Christian faith as their reason for supporting his proposal. The House Judiciary Committee voted against it and then the full Senate did as well.[3]

It is uncertain how Obergefell v. Hodges may apply to American Samoa as its citizens are US nationals by birth and not citizens.[4] Talauega Eleasalo Ale, American Samoa's attorney general, said after the 2015 ruling that his office was "reviewing the decision to determine its applicability to American Samoa."[5][6]

Summary table

Same-sex sexual activity legal Yes Since 1980
Equal age of consent Yes Since 1980
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No
Same-sex marriages No[7]
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military Yes Since 2011
Right to change legal gender Yes
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

References

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