LGBT Rights in Tongatapu Island Group

Tongatapu is governed by federal Tonga law. Learn more
    Homosexuality
    ✖ Male illegal, female legal
    Gay Marriage
    ✖ Banned
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Illegal
    Gender-Affirming Care
    Unknown
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    Ambiguous
    Adoption
    ✖ Illegal
    Intersex Infant Surgery
    Unknown
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Tongatapu

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Homosexual activity in Tongatapu is male illegal, female legal.

Current status
Since 1988
Male illegal, female legal
According to sections 136–142 of the The Criminal Offences Act, the maximum penalty for same-sex sexual activity in Tonga is 10 years in prison and whipping. Decriminalization pending.

Same-sex marriage in Tongatapu

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Same-sex marriage in Tongatapu is banned.

Current status
Since 1998
Banned
Since homosexual activity is illegal in Tonga, same-sex marriage is not legal.
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Censorship of LGBT issues in Tongatapu

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Censorship of LGBT issues in Tongatapu is no censorship.

Current status
No censorship
In Tonga, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Tongatapu

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Right to change legal gender in Tongatapu is illegal.

Current status
Illegal
No laws to change legal gender.

Gender-affirming care in Tongatapu

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Gender-affirming care in Tongatapu is unknown.

Current status
Unknown

Legal recognition of non-binary gender in Tongatapu

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Legal recognition of non-binary gender in Tongatapu is not legally recognized.

Current status
Not legally recognized
No legal recognition.
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LGBT discrimination in Tongatapu

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LGBT discrimination in Tongatapu is illegal in some contexts.

Current status
Illegal in some contexts
Some protection for sexual orientation only.
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LGBT employment discrimination in Tongatapu

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LGBT employment discrimination in Tongatapu is no protections.

Current status
No protections
According to the ILGA World, there are no protections in employment.

LGBT housing discrimination in Tongatapu

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LGBT housing discrimination in Tongatapu is ambiguous.

Current status
Ambiguous
Homosexuality is illegal there. Some discrimination protection under Sexual orientation only.
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Same-sex adoption in Tongatapu

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Same-sex adoption in Tongatapu is illegal.

Current status
Since 2013
Illegal
Missing laws for same-sex couples.

In 2013, the Supreme Court refused to grant custody of a child to a gay man. The Supreme Court stated that because Tonga’s criminal law still prohibits carnal knowledge between consenting adults of the same sex, “[n]o court would entrust a very young child into the care of person whose lifestyle carries with it a very real risk of prosecution.”
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Intersex infant surgery in Tongatapu

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Intersex infant surgery in Tongatapu is unknown.

Current status
Unknown

Serving openly in military in Tongatapu

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Serving openly in military in Tongatapu is legal.

Current status
Legal
No laws criminalizing or restricting lgbt serving.
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Blood donations by MSMs in Tongatapu

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Blood donations by MSMs in Tongatapu is legal.

Current status
Legal
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Conversion therapy in Tongatapu

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Conversion therapy in Tongatapu is not banned.

Current status
Not banned
According to the ILGA World, there's no ban on conversion therapy in Tonga.
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Equal age of consent in Tongatapu

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Equal age of consent in Tongatapu is equal.

Current status
Equal
Set age of consent.
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