Lesbian, gay, bisexual, and transgender (LGBT) rights in the Northern Mariana Islands have evolved substantially in recent years. Same-sex marriage and adoption became legal with the Supreme Court's ruling in the case of Obergefell v. Hodges in June 2015. However, the U.S. territory does not ban discrimination based on sexual orientation and gender identity, except in relation to government employees. Gender changes are legal in the Northern Mariana Islands, provided the applicant has undergone sex reassignment surgery.
History
The Chamorro people have traditionally accepted homosexuality and transgender people. Chamorro society was a very sexually tolerant society, where homosexuality was never viewed as taboo but "taken for granted as a part of life". It has been described as openly bisexual, though this is disputed. The Chamorro word for a gay man is (literally little flowers), whereas lesbian is (literally women acting like men).
Legality of same-sex sexual activity
Same-sex sexual activity has been legal in the Northern Marianas since 1983.
Recognition of same-sex relationships
Same-sex marriage became legal in the Commonwealth on June 26, 2015, when the United States Supreme Court ruled that it is unconstitutional to ban same-sex marriages. Prior to this, there was no prohibition on same-sex marriage in the law of the territory, nor do the statutes specify the sex of the parties to a marriage between citizens of the Northern Mariana Islands. Other provisions assume the parties to a marriage are not of the same sex. With respect to a marriage involving one or more non-citizens, the statutes say: "The male at the time of contracting the marriage be at least 18 years of age and the female at least 16 years of age..." Statutes concerning divorce assume that the partners to a marriage are man and wife. These laws have yet to be changed to reflect the Supreme Court ruling.
The first marriage between a same-sex couple occurred on the island of Saipan on July 22, 2015.
Adoption and family planning
As a result of Obergefell v. Hodges, same-sex couples are permitted to adopt. In addition, lesbian couples can access assisted reproduction services, such as in vitro fertilization. Territory law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination, but only if the parents are married.
Discrimination protections and hate crime law
The Northern Mariana Islands does not protect people from discrimination on the basis of their sexual orientation or gender identity. Additionally, the territory does not cover hate crimes based on sexual orientation and gender identity. However, such crimes are covered federally under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.
Discrimination against government employees on the basis of their sexual orientation is illegal. The Marianas Visitors Authority and the Civil Service Commission are similarly banned under law from discriminating on account of sexual orientation. Such discrimination is subject to "disciplinary action".
The Administrative Code of the Northern Mariana Islands prohibits bullying, harassment and discrimination against public school students, employees and parents. §60-20-401 states: All students, employees and parents have the right to be free from discrimination and harassment on the basis of race, creed, religion, color, sex, sexual orientation, national origin, age, cultural or socio-economic status or disabling condition. Employees shall not participate in, or permit others to engage in, any act of discrimination against students, parents or coworkers based on the above factors or in retaliation for the exercise of any of their rights.
Bullying is defined in §60-20-403 as: As used in this regulation, "bullying, harassment, or intimidation" means intentional conduct, including verbal, physical, or written conduct or an intentional electronic communication that creates a hostile educational environment by substantially interfering with a student’s educational benefits, opportunities, or performance, or with a student's physical or psychological well-being and is: (i) Motivated by an actual or a perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, or physical or mental ability or disability;
Lesbian, gay, and bisexual persons are allowed to serve openly in the American Armed Forces.