LGBT rights in Tokelau


Lesbian, gay, bisexual, and transgender persons in Tokelau may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Tokelau, 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

Tokelau, similarly to Samoa, the Cook Islands, New Zealand, Niue and other Polynesian states, possesses a traditional and cultural third gender population. Such individuals are known in Tokelauan as the fakafāfine. Fakafāfine are assigned male at birth but dress, act and behave as female. People living as this gender role have traditionally been accepted by Tokelauan society.

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in Tokelau since 2007.

Recognition of same-sex relationships

Same-sex unions are not recognized. Tokelau law does not explicitly prohibit same-sex marriage, but generally assumes the parties to be male and female. The Constitution of Tokelau states the following:
Much like the rest of Polynesia, open displays of affection between partners regardless of sexual orientation may offend.

Summary table