Same-sex sexual activity legal? Legal since 1979 | Adoption Yes | |
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Gender identity/expression Gender changes are legal in Guam Discrimination protections Yes, both sexual orientation and gender identity or expression (employment only) Recognition of
relationships Same-sex marriage since June 9, 2015 | ||
Lesbian, gay, bisexual, and transgender (LGBT) people in Guam now have discrimination protections in employment and marriage as of August 12, 2015. Same-sex sexual activity has not been criminalized since 1978 and same-sex marriage is allowed since 2015. However, Guam lacks a hate crimes statute, but Federal law provides for hate crime coverage since 2009. Also Guam provides LGBT residents protection against discrimination since 2015. Since the 1990s, there has been a visible LGBT social scene, with a handful of nightclubs and social functions organized locally. Gender changes are also legal in Guam.
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Laws regarding same-sex sexual activity
Private, adult, consensual and non-commercial homosexual acts have been legal in Guam since a reform of the criminal code in 1978.
Recognition of same-sex unions
Guam became the first overseas territory of the United States to recognise 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 Guam's prohibition on same-sex couples marrying is unconstitutional. She cited the Ninth Circuit Court of Appeals decision in Latta v. Otter striking down identical bans in Idaho and Nevada.
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.
Guam began recognizing and performing same-sex marriages on June 9, 2015, following a ruling of the District Court of Guam on June 5, 2015 striking down the territory's prohibition of same-sex marriage. Guam repealed its discriminatory statutory language after passing Bill 119-33 on August 11, 2015.
Discrimination and hate crimes
Bill 102-33 bans discrimination based on sexual orientation and gender identity or expression in employment. Federal law covers hate crimes on both sexual orientation and gender identity since 2009, under the federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.
Gender identity or expression
Gender changes are legal in Guam.