LGBT rights in Niue


Lesbian, gay, bisexual, and transgender persons in Niue may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Niue, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

History

Similarly to the Cook Islands, Samoa and New Zealand, Niue possesses a traditional third gender population: the fiafifine. They have traditionally been accepted by Niuean society, and would play an important domestic role in communal life.
In 2007, during a gathering of delegates from around the Pacific in Mangere, New Zealand, a local fiafifine called out the discrimination and stigma faced by the fiafifine community: "Our communities were an accepted part of Pacific life and culture prior to Western colonisation, but have been subject to much stigma and discrimination in more recent times."

Legality of same-sex sexual activity

Same-sex sexual activity is legal in Niue. Even though Niue is a part of the Realm of New Zealand, homosexuality has only been legal since 2007.

Recognition of same-sex relationships

Same-sex unions are not recognized. The Family Law Code 2007 does not expressly prohibit same-sex marriages, but generally assumes the parties to be of the opposite sex. The law forbids marriages within the degrees of consanguinity and marriages where the wife is less than 15 years of age and the husband less than 18 years of age, but makes no mention of same-sex partners. Marriages are recorded by the Registrar of the High Court, or any minister of religion or other person who has been appointed as a marriage officer.

Living conditions

Much like the rest of Polynesia, open displays of affection between partners regardless of sexual orientation may offend.

Summary table