Recognition of same-sex unions in Tuvalu
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Tuvalu does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples. In 2023, the Constitution of Tuvalu was amended to ban same-sex marriage.
Background
Similarly to many other Polynesian societies, Tuvalu recognises a third gender structure known as pinapinaaine (pronounced [pinapina.aˈine]; or pina for short), who are individuals whose sex is assigned male at birth, but who embody female gendered behaviours.[1] It is likely that "they have always existed" in Tuvalu, though their cultural role has been shaped by the Western introduction of "conservative Christian morality", leading pinapinaaine to experience social marginalisation and discrimination today.[2][3] In Samoa and American Samoa, such individuals are known as faʻafafine and are considered an integral part of Samoan society. Historically, if they wished to marry and have children, they would marry women, thus creating the possibility for marriages between two female-presenting individuals to be performed in Samoan culture.[4]
Legal restrictions
Summarize
Perspective
Marriage
Marriages performed elsewhere are recognized (American Samoa)
No recognition of same-sex couples
Constitution limits marriage to opposite-sex couples (Palau, Tuvalu)
Same-sex sexual activity illegal, but ban not enforced
Same-sex sexual activity illegal
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The Marriage Act (Tuvaluan: Tulafono Lasi i te Faiga o Āvaga, pronounced [tulaˈfono ˈlasi i te faˈiga o aːˈvaŋa]) does not expressly prohibit the recognition of same-sex unions. However, it generally refers to married spouses as "husband" and "wife". This law arguably showed that Tuvalu anticipated recognising only opposite-sex marriages.[5][6] The act was amended in 2015 and 2021, but the Parliament of Tuvalu did not introduce an explicit definition of marriage or expressly ban same-sex marriages. Same-sex marriage also does not appear in the act's "restrictions on marriage" section.[7] Civil unions, which would offer a subset of the rights and benefits of marriage, are likewise not recognised in Tuvalu. As a result, same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including protection from domestic violence, adoption rights, tax benefits and inheritance rights, among others.[8]
The Constitution of Tuvalu previously did not define marriage as being between "a man and a woman". In July 2020, the Parliament established a committee tasked with modifying the Constitution.[9] A draft bill to this effect, which would also define marriage in heterosexual terms, was published on 12 December 2022.[10] The amendments were approved unanimously by Parliament in September 2023,[11] and went into force on 1 October 2023.[12] Article 43(2) states:[12]
Under this Constitution every person has the following fundamental duties and responsibilities to themselves, their dependents, and others [...] to uphold the Christian principles of a family unit, which shall comprise a marriage as between a man and a woman to the exclusion of all others, and their offspring as the foundation of the Tuvaluan society
See also
References
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