LGBTQ rights in the Northern Mariana Islands
LGBTQ rights in Northern Mariana Islands | |
---|---|
Status | Legal for both men and women since 1983 |
Gender identity | – |
Discrimination protections | No |
Family rights | |
Recognition of relationships | Same-sex marriage since 2015 |
Adoption | Since 2015 |
Lesbian, gay, bisexual, and transgender (LGBT) people in the Northern Mariana Islands face legal challenges and discrimination not faced by other people. The territory has no hate crimes statute, but same-sex marriage became legal with the Supreme Court's ruling on Obergefell v. Hodges.
Law regarding same-sex sexual activity
Same-sex sexual activity has been legal in the Northern Marianas since 1983.[1] Any person who participates in an act of sodomy or oral sex with a person under eighteen years of age is subject to punishment by imprisonment for not more than five years.[2]
Recognition of same-sex relationships
There is no prohibition on same-sex marriage in the law of the territory, nor do the statutes specify the sex of the parties to a marriage between citizens of the Northern Mariana Islands.[3] Other provisions assume the parties to a marriage are not of the same sex. With respect to a marriage involving one or more non-citizens, the statutes say: "The male at the time of contracting the marriage be at least 18 years of age and the female at least 16 years of age..."[4] Statutes concerning divorce assume that the partners to a marriage are man and wife.[5][6]
Decisions of the Ninth Circuit Court of Appeals that found same-sex marriage bans in Nevada and Idaho unconstitutional are binding precedent on federal courts in the Northern Marianas.[7]
Summary table
Same-sex sexual activity legal | Since 1983 |
Equal age of consent | Since 1983 |
Anti-discrimination laws in employment only | |
Anti-discrimination laws in the provision of goods and services | |
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) | |
Same-sex marriages | Since 2015 |
Recognition of same-sex couples | Since 2015 |
Step-child adoption by same-sex couples | |
Joint adoption by same-sex couples | |
Gays and lesbians allowed to serve openly in the military | Since 2011 |
Right to change legal gender | [8] |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
See also
References
- ^ "Gay rights map: Notes on the data". BBC News. February 5, 2014. Retrieved November 3, 2014.
- ^ Office of the Governor: Criminal Code, Section 407 et seq., accessed November 5, 2014
- ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1205. Retrieved April 21, 2015.
- ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1201. Retrieved April 21, 2015.
- ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1331. Retrieved April 21, 2015.
A divorce from marriage may be granted ... for the following causes ... Willful neglect by the husband to provide suitable support for his wife when able to do so
- ^ "Commonwealth Code". Northern Mariana Islands Law Revision Commission. Title 8 Section 1332. Retrieved April 21, 2015.
In actions for dissolution of marriage, neither the domicile nor residence of the husband shall be deemed to be the domicile or residence of the wife....
- ^ Wetzstein, Cheryl (October 8, 2014). "Gay marriages in Idaho put on hold by Justice Kennedy". Washington Times. Retrieved November 5, 2014.
- ^ Vital Statistics Act of 2006 (Public Law 15-50). 2006 url=http://www.cnmilaw.org/pdf/public_laws/15/pl15-50.pdf.
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