LGBTQ rights in Guam

The Chamorro people have traditionally accepted homosexuality and transgender people. Chamorro society was a very sexually tolerant society,{{cite book|title=Women's Lives around the World: A Global Encyclopedia [4 volumes]|date=2018|first1=Susan M.|last1=Shaw|first2=Nancy|last2=Staton Barbour|first3=Patti|last3=Duncan|first4=Kryn|last4=Freehling-Burton|first5=Jane|last5=Nichols}} where homosexuality was never viewed as taboo but "was taken for granted as part of life".{{cite web|url=https://www.globalgayz.com/gay-guam/|title=Gay Guam|work=Globalgayz|date=October 2008|last=Ammon|first=Richard}}{{cite web|url=https://www.catholicsandcultures.org/guam-matriarchal-culture-endures-sex-considered-private-issue|title=Matriarchal traditions endure from pre-colonial Guam|work=Catholics & Culture|date=May 2, 2018|last=Landy|first=Thomas}} The Chamorro word for a gay man is {{lang|ch|mamflorita}} (literally little flowers), whereas lesbian is {{lang|ch|malalahi}} (literally women acting like men).{{cite web|url=https://guides.library.manoa.hawaii.edu/Pacificsexualidentity|title=Gender identity and Sexual Identity in the Pacific and Hawai'i: Introduction|work=University of Hawai'i at Mānoa Library|last=Kleiber|first=Eleanor}}

Following Spanish colonization in the 17th century, and the subsequent Westernization and Americanization of Guam in the 20th century, it incorporated the Western concepts of sexuality and gender, which until recently stigmatized LGBT people. In 1900, the Naval Governor of Guam published an order, whereby "the males of the Caroline islanders' community in Guam are hereby forbidden to appear in public in their customary nude condition, or "string-and-pouch" decoration." A new penal code was ordained by the Naval Governor in 1933; identical to California's, it prohibited sodomy, fellatio (oral sex) and cunnilingus, whether heterosexual and homosexual, with between one and ten years' imprisonment. The only reported sodomy case in Guam occurred in the early 1950s. The case, known as Pennington v. Government, resulted in a victory for the defendant, accused of engaging in an act of sodomy, but solely on procedural grounds. The Ninth Circuit Court of Appeals held that the trial court had been without authority to try Pennington without a jury.{{Cite web|url=https://www.glapn.org/sodomylaws/sensibilities/guam.htm|title=The History of Sodomy Laws in the United States - Guam|last=Painter|first=George|website=GLAPN}}

Private, adult, consensual and non-commercial homosexual acts have been legal in Guam since a reform of the Criminal Code in 1978.{{cite news|title=Gay rights map: Notes on the data|url=https://www.bbc.com/news/world-26016267|access-date=November 3, 2014|work=BBC News|date=February 5, 2014}}

{{Main|Same-sex marriage in Guam}}

{{Same-sex marriage map Oceania|align=right}}

Guam became the first overseas territory of the United States to recognize 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 that 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.{{cite web|url=https://www.guampdn.com/story/news/2015/06/04/guam-court-issues-ruling-on-same-sex-marriage/28511013/|title=Court strikes down Guam's same-sex marriage ban|last=Miculka|first=Cameron|date=June 5, 2015|work=Pacific Daily News}}{{cite web|url=https://www.theguardian.com/us-news/2015/jun/05/guam-us-territory-recognise-same-sex-marriage|title=Guam becomes first US territory to recognise same-sex marriage|date=5 June 2015|website=The Guardian}}{{cite web|url=https://www.gaystarnews.com/article/guam-officially-approves-same-sex-marriage050615/|title=Guam officially approves same-sex marriage|last=Morgan|first=Joe|date=June 5, 2015|work=Gay Star News|access-date=January 22, 2020|archive-date=February 9, 2019|archive-url=https://web.archive.org/web/20190209052354/https://www.gaystarnews.com/article/guam-officially-approves-same-sex-marriage050615/|url-status=dead}}{{cite web|url=https://www.lgbtqnation.com/2015/06/federal-judge-strikes-down-guams-same-sex-marriage-ban/|title=Federal judge strikes down Guam's same‑sex marriage ban|last=Garces Bordallo|first=Grace|date=June 4, 2015|work=LGBTQ Nation}} The territory began issuing marriage licenses to same-sex couples four days later. The Legislature of Guam passed the Guam Marriage Equality Act of 2015 on August 11, 2015, making Guam's marriage laws gender-neutral.{{cite web|url=https://www.guampdn.com/story/news/2015/08/12/legislature-passes-marriage-equality-act-0813/31517621/|title=Legislature passes Marriage Equality Act|last=Raymundo|first=Shawn|date=August 12, 2015|work=Pacific Daily News}}

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.{{cite news|title=Guam Considers Recognizing Gay Unions|url=http://www.ontopmag.com/article.aspx?id=4399&MediaType=1&Category=26|work=On Top Magazine|access-date=July 6, 2012|date=August 18, 2009}} It was not voted on.{{cite news|url=https://www.kuam.com/story/14093792/2011/02/24/gay-community-hopeful-for-guam-civil-unions|title=Gay community hopeful for Guam civil unions|last=Aguon|first=Mindy|date=February 24, 2011|newspaper=Kuam News|access-date=August 27, 2013}}

Following Guam's legalization of same-sex marriage, adoption by same-sex couples has also been permitted. Additionally, lesbian couples have access to assisted reproduction services, such as in vitro fertilization.{{Cite web|url=https://www.pollentree.com/ivf/information/ivf-around-the-world/which-countries-treat-lesbian-couples|title=IVF AROUND THE WORLD: Which Countries Treat Lesbian Couples?|website=PollenTree|url-status=dead|archive-url=https://web.archive.org/web/20120416152852/https://www.pollentree.com/ivf/information/ivf-around-the-world/which-countries-treat-lesbian-couples|archive-date=April 16, 2012}} Guam recognizes the non-genetic, non-gestational parent as a legal parent to a child born via donor insemination, but only if the parents are married.{{cite web|url=http://www.lgbtmap.org/equality_maps/profile_state/GU|title=Guam's equality profile|work=Movement Advancement Project}}

In May 2017, the Guam Department of Public Health and Social Services announced it would enter the names of both spouses on the birth certificates of children who have same-sex parents.{{cite web|url=https://www.postguam.com/news/local/gay-couple-wins-battle/article_c49efce4-347f-11e7-b9eb-2f24bd151a49.html|title=Gay couple wins battle Birth certificate to get both parents' names|work=The Guam Daily Post|date=May 10, 2017|last=O'Connor|first=John}}

In August 2015, the Guam Legislature unanimously passed Bill 102-33, which bans discrimination based on sexual orientation and gender identity or expression in employment. Discrimination against government employees based on their sexuality or identity is also forbidden.{{cite web|url=http://www.guamlegislature.com/Bills_Passed_33rd/Bill%20No.%20B102-33%20(COR)%20PASSED.pdf|title=Bill 102-33|date=August 12, 2015|work=Guam Legislature}} 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.

In order for transgender people to change their legal gender in Guam on their birth certificate, they must provide the Office of Vital Statistics a sworn statement from a physician that they have undergone sex reassignment surgery. The Office will subsequently amend the birth certificate of the requester. The Motor Vehicle Division Supervisor will issue an amended driver's license upon receipt of a sworn statement from a physician that the sex of the applicant has been surgicially changed.

In May 2018, Senator Fernando Esteves introduced a bill to make it easier for transgender individuals to change their legal gender. Under the proposed bill, transgender people seeking a legal gender change would have had to receive judicial permission and send the Office of Vital Statistics a letter confirming their gender identity. The letter must have also included documentation from a certified psychologist, social worker, therapist or other licensed professional affirming that the applicant's request reflects their sex or gender identity. Surgery would not have been required.{{Cite web|url=https://www.postguam.com/news/local/bill-allows-gender-change-on-birth-certificate/article_ed948840-63d5-11e8-985a-6b4d1787e5f5.html|title=Bill allows gender change on birth certificate|last=Losinio|first=Louella|date=May 31, 2018|website=The Guam Daily Post|language=en|access-date=2020-01-22}}{{cite web|url=http://www.guamlegislature.com/Bills_Introduced_34th/Bill%20No.%20291-34%20(COR).pdf|title=Bill No. 291-34|date=May 29, 2018|work=Guam Legislature}} On December 13, 2018, the Legislature decided to postpone a vote on the bill until issues regarding medical and law enforcement processes were dealt with,{{Cite web|url=https://www.postguam.com/news/local/lawmakers-raise-concerns-with-gender-change-bill/article_4d7ce7be-fd07-11e8-93ee-bf0fc934075c.html|title=Lawmakers raise concerns with gender-change bill|last=Losinio|first=Louella|date=December 12, 2018|website=The Guam Daily Post|language=en|access-date=2020-01-22}} but the bill ultimately failed on December 17, 2018, as it was defeated by a vote of 6–7.{{cite web|url=https://www.postguam.com/news/local/transgender-bill-fails-other-measures-passed/article_17afafa6-01ba-11e9-ac08-4bc8bc94c7de.html|title=Transgender bill fails; 17 other measures passed|work=The Guam Daily Post|date=December 18, 2018|last=Kerrigan|first=Kevin}}{{cite web|url=https://pacificnewscenter.com/birth-certificate-sex-change-bill-fails/|title=Birth certificate sex change bill fails|work=Pacific News Center|date=December 17, 2018|last=Marchesseault|first=Jeffrey}}

Since 2023, gay and bi men can legally donate blood by the FDA - on the condition of being monogamous.{{cite web | url=https://abcnews.go.com/Health/new-fda-rule-allowing-gay-bisexual-men-give/story?id=105882815 | title=How new FDA rule allowing gay, bisexual men to give blood is making donation more inclusive | website=ABC News }}

Guam is regarded as tolerant and accepting of LGBT people, with very few reports of societal discrimination or harassment. According to an April 2015 poll conducted by students from the University of Guam, 55% of Guam residents were in favor of same-sex marriage, while 29% opposed it and 16% were undecided.{{Cite web|url=https://pncguam.com/uog-poll-55-support-gay-marriage/|title=UOG Poll: 55% Support Gay Marriage|last=Carrera|first=Janela|date=April 22, 2015|website=Pacific News Center|language=en-US|access-date=2020-01-22}}

Since the 1990s, there has been a visible LGBT social scene, with a handful of nightclubs and social functions organized locally. Guam Pride has been held annually since 2017, attracting a few hundred people.{{cite web|url=https://www.postguam.com/news/local/hundreds-join-pride-march/article_02b5a0c0-66eb-11e8-a82e-5b4836967b9f.html|title=Hundreds join Pride March|work=The Guam Daily Post|date=June 4, 2018|last=Pang|first=Neil}}

Guam is a member of the International Gay and Lesbian Travel Association, and has recently begun commercializing itself as a tourist destination for LGBT people.{{Cite web|url=https://www.guampdn.com/story/opinion/columnists/2018/05/14/celebrate-continued-growth-guams-tourism-industry-denight/604573002/|title=Denight: Celebrate continued growth of Guam's tourism industry|last=Denight|first=Nathan|date=May 14, 2018|website=Pacific Daily News|language=en|access-date=2020-01-22}}

• LGBT rights in the United States
• LGBT rights in Oceania
• LGBT rights in the Northern Mariana Islands

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