LGBTQ rights in the Federated States of Micronesia

Same-sex sexual activity is legal.{{cite web|url=http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf|title=State-Sponsored Homophobia |website=Old.ilga.org |accessdate=2016-03-10 |url-status=dead |archiveurl=https://web.archive.org/web/20130717085454/http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf |archivedate=17 July 2013 }}{{cite web |url=http://www.nfi.net/downloads/APCOM/Pacific%20MSM_APCOM_Aug07.pdf|title=A report on MSM and the Pacific REgion |website=Nfi.net |accessdate=2016-03-10 |archive-url=https://web.archive.org/web/20160310190346/http://www.nfi.net/downloads/APCOM/Pacific%20MSM_APCOM_Aug07.pdf |archive-date=10 March 2016 |url-status=dead }} The age of consent is 14, regardless of gender and sexual orientation.

{{Main|Recognition of same-sex unions in Micronesia}}

The Federated States of Micronesia does not recognise same-sex unions in any form.

The marriage laws in Kosrae assume the partners to be of the opposite sex.{{cite web|url=http://arc-international.net/global-advocacy/universal-periodic-review/m/federated-states-of-micronesia-cycle-2/|title=Universal Periodic Review|website=ARC International|accessdate=23 December 2015}} Section 16.101 states: "A marriage performed in the State is valid, if: (a) The male at the time of marriage is at least eighteen years of age and the female at least sixteen years of age, and, if the female is less than eighteen years of age, the marriage has the consent of at least one of the female's parents or her guardian; [...]".{{efn|In Kosraean: {{lang|kos|Pahyuck se oreklac ke State ac akihlenyuck, efin: (a) Mukul se ke pacl in pahyuck an year singucul alkosr matwac ac muhtwacn sacn tiac srihk liki year singucul ohnkohsr matwacl, ac, efin muhtwacn sacn srihk liki year singucul alkosr, pahyuck sacn oasr inseselac luhn sie sin pahpah kuh ninac kuh mwet karihngihn muhtwacn sacn; [...].{{cite web|url=https://kosraestatejudiciary.com/wp-content/uploads/2017/12/Kosrae-State-Code-Kosrae-Version-2012.htm#_Toc333405284|title=Enenuh luhn inseselac inmahsrlo in pahyuck|work=kosraestatejudiciary.com|language=kos}}}}}} Similar language is found in the Chuuk State Code.

The Constitution of Pohnpei does not address marriage, but its section on "family obligations" states: "To strengthen and retain good family relations in Pohnpei, as needed, this Constitution recognizes and protects the responsibility and authority of parents over their children".{{efn|In Pohnpeian: {{lang|pon|Pwehn kakehlaka oh kolokol onepek mwhau oh wahu penehn nan peneinei kan en Weipokon en Pohnpei, nin duwen ahnepetail, Poahsoan en Kosonned wet pohnese oh wauneki manaman oh pwukoah me sahm akan oh ihn akan akneki ong neirail serihkan.{{cite web|url=http://dlib.vanuatu.usp.ac.fj/library/Paclaw/FSM/Code%20of%20the%20State%20of%20Pohnpei/Digital%20Code/Constitution/Pohnpeian%20Version.htm|title=Poahsoan en Kosonned en Weipokon en Pohnpei|work=dlib.vanuatu.usp.ac.fj|language=pon}}}}}}

The Federated States of Micronesia has an anti-discrimination law that includes sexual orientation, but not gender identity or intersex status. This means gay, lesbian and bisexual people are protected from discrimination in employment, education, health care and other areas of public life, but transgender and intersex people are not. According to a 2015 write-up from the United States Department of State, "there were no reports of societal violence or discrimination against homosexuals or against persons with HIV/AIDS."{{cite web|url=https://2001-2009.state.gov/g/drl/rls/hrrpt/2007/100529.htm|title=Micronesia, Federated States of|work=U.S. Department of State|date=11 March 2008 |accessdate=27 July 2015}}

In 2016, Micronesia received recommendations from five countries to prohibit discrimination on the basis of sexual orientation and gender identity. In November 2018, the Micronesian Congress passed C.B. 20-258, which updated the country's anti-discrimination law to include sexual orientation.{{Cite web |url=https://www.cfsm.fm/ifile/Acts/ACT_20-150_JACK.pdf |title=An Act TO AMEND SECTION 107 OF TITLE 1 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), FOR THE PURPOSE OF PROHIBITING DISCRIMINATION BASED ON SEXUAL ORIENTATION, AND FOR OTHER PURPOSES |access-date=15 December 2018 |archive-date=15 December 2018 |archive-url=https://web.archive.org/web/20181215172145/https://www.cfsm.fm/ifile/Acts/ACT_20-150_JACK.pdf |url-status=usurped }} The bill, introduced by Speaker Wesley Simina, was supported by three of the four states (Chuuk, Pohnpei, and Yap, but opposed by Kosrae).

Section 107 of Chapter 1 of the Code of the Federated States of Micronesia reads:{{Cite web |url=https://www.cfsm.fm/ifile/20%20congress/BILLS/CB_20-258.pdf |title=C.B. NO. 20-258 |access-date=15 December 2018 |archive-date=15 December 2018 |archive-url=https://web.archive.org/web/20181215174351/https://www.cfsm.fm/ifile/20%20congress/BILLS/CB_20-258.pdf |url-status=usurped }}

:Section 107. Discrimination on account of race, sex, sexual orientation, language, or religion; Equal protection.

::No law shall be enacted which discriminates against any person on account of race, sex, sexual orientation, language, or religion, nor shall the equal protection of the laws be denied.

Micronesia does not provide any administrative or legal procedures allowing transgender people to have their identified gender recognised in official documents.

According to 2017 estimates from UNAIDS, about 4.2% of the Micronesian transgender population was HIV-positive.

Currently, there is no active military for the Federated States of Micronesia, though should such a need arise, the United States is responsible for its defense per mutual agreement.{{cite web|url=https://www.cia.gov/library/publications/the-world-factbook/fields/2137.html?countryName=Micronesia,%20Federated%20States%20of&countryCode=fm®ionCode=au&#fm|title=The World Factbook|website=Cia.gov|accessdate=27 July 2015|archive-url=https://web.archive.org/web/20160308041146/https://www.cia.gov/library/publications/the-world-factbook/fields/2137.html?countryName=Micronesia,%20Federated%20States%20of&countryCode=fm®ionCode=au&#fm|archive-date=8 March 2016|url-status=dead}}

In 1989, an anthropologist recorded a case of a young girl on the island of Pohnpei named Maria who exhibited the habits of a boy and would go walking about at night looking for girls. Family and neighbors held a meeting to discuss the matter, and decided to hold a feast where they would publicly name her a boy. His hair was cut and he was presented with male clothing, and finally was renamed Mario.Zimmermann, Bonnie (2015) Encyclopedia of Lesbian Histories and Cultures, Routledge

The islands of Chuuk have an indigenous term that refers to a traditional third gender alongside male and female: {{lang|chk|wininmwáán}}.

In December 2018, the country's first pride event and parade took place in the state of Pohnpei.{{Cite web |url=https://www.gaystarnews.com/article/micronesia-senator-wants-to-ban-trans-people-working-for-government/#gs.aGXRfA4 |title=Micronesia senator wants to ban trans people working for government |access-date=21 December 2018 |archive-date=17 February 2019 |archive-url=https://web.archive.org/web/20190217103258/https://www.gaystarnews.com/article/micronesia-senator-wants-to-ban-trans-people-working-for-government/#gs.aGXRfA4 |url-status=dead }}

Micronesian society tends to be conservative and the LGBT community remains discreet in general. Open displays of affection between same-sex partners may offend.{{cite web|url=https://travel.state.gov/content/travel/csi_repository/csi_landing/csi_catalog/fsm.html|title=Local Laws & Special Circumstances of Federated States of Micronesia|website=travel.state.gov|accessdate=8 February 2018}} Debates and discussions surrounding LGBT rights tend to be "well off the radar".[http://www.starobserver.com.au/news/international-news-news/micronesia-a-diverse-region-with-diverse-lgbti-laws/143887 MICRONESIA: A DIVERSE REGION WITH DIVERSE LGBTI LAWS]

The Human Truth Foundation has listed Micronesia at rank 90 for LGBT rights. This was similar to other Pacific nations, such as Palau (86), Nauru (87) and the Marshall Islands (88).[http://www.humantruth.info/lgbt_rights_across_the_world.html LGBT Rights Across the World, Which are the Best and Worst Countries?]

In 2006, an evangelical pastor from The Salvation Army serving as a pastor in Micronesia decried homophobia and conversion therapy and stated his belief that sexual orientation was predetermined.{{cite web|url=http://www.micsem.org/pubs/counselor/frames/homosexualityfr.htm|title=Homosexuality in Micronesia|website=Micsem.org|accessdate=27 July 2015}}

According to 2017 estimates from UNAIDS, there were about 340 men who have sex with men (MSM) in the country.[http://www.unaids.org/en/regionscountries/countries/federatedstatesofmicronesia/ Country factsheets: MICRONESIA (FEDERATED STATES OF) 2017]

• Human rights in the Federated States of Micronesia
• LGBT rights in Oceania

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Category:Human rights in the Federated States of Micronesia