LGBT Rights in Guam Outlying Area

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Gender-Affirming Care
    Ambiguous
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Intersex Infant Surgery
    Unknown
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Recent surveys in Guam have revealed a mixed response towards LGBTQ+ rights and issues.

Support for Same-Sex Marriage

Support same-sex marriage
Oppose same sex-marriage
Neutral on the issue of same-sex marriage

Support for different forms of same-sex legal recognition

Gay couples should be allowed to legally marry
Gay couples should be allowed to form civil unions but not marry
There should be no legal recognition of a gay couple's relationship

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History

Homosexual activity in Guam

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Homosexual activity in Guam is legal.

Current status
Since 1978
Legal
Homosexual acts were legalized prior to the federal ruling which legalized homosexuality for all federal jurisdictions in 2003.
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Same-sex marriage in Guam

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Same-sex marriage in Guam is legal.

Current status
Since Jun 9, 2015
Legal
Under Guam Lawmakers.
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Until Jun 9, 2015
Unrecognized
Same-sex marriage was not legal, but Guam is represented by the 9th Circuit Court which has ruled in favor of marriage equality -- making same-sex marriage legal in all states represented by the 9th Circuit. Also, due to Supreme Court case, United States vs. Windsor, legally married couples are granted at the federal level.
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Censorship of LGBT issues in Guam

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Censorship of LGBT issues in Guam is no censorship.

Current status
No censorship
There is no evidence that Guam censors LGBTQIA+ issues and topics.

Right to change legal gender in Guam

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Right to change legal gender in Guam is legal, no restrictions.

Current status
Legal, no restrictions
Legally federally. Missing non binary options on documents.
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Gender-affirming care in Guam

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Gender-affirming care in Guam is ambiguous.

Current status
Ambiguous
There is no negative law impacting gender affirming care in the American territory of Guam.
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Legal recognition of non-binary gender in Guam

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

Current status
Not legally recognized
Not currently legally recognized.
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LGBT discrimination in Guam

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LGBT discrimination in Guam is illegal.

Current status
Since Jan 1, 2015
Illegal
Under Guam Lawmakers
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LGBT employment discrimination in Guam

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LGBT employment discrimination in Guam is sexual orientation and gender identity.

Current status
Since Jan 1, 2015
Sexual orientation and gender identity
under the Guam Employment Non-Discrimination Act.
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LGBT housing discrimination in Guam

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LGBT housing discrimination in Guam is sexual orientation and gender identity.

Current status
Since Jan 1, 2015
Sexual orientation and gender identity
Under HUD ruling 2009. Full local protections since 2015.
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Same-sex adoption in Guam

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Same-sex adoption in Guam is legal.

Current status
Legal
as being a territory of USA.
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Intersex infant surgery in Guam

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Intersex infant surgery in Guam is unknown.

Current status
Unknown

Serving openly in military in Guam

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Serving openly in military in Guam is legal.

Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.


A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Apr 11, 2019–Feb 26, 2021
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
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Sep 20, 2011–Apr 11, 2019
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Dec 21, 1993–Sep 20, 2011
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Sources:
gpo.gov/fdsys/pkg/PLAW-104p…
catalog.archives.gov/id/122244870 *official document for DADT signed by Former President Clinton*
gao.gov/assets/nsiad-92-98.pdf *study from 1992 to 1998*
history.com/news/dont-ask-d…
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Blood donations by MSMs in Guam

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Blood donations by MSMs in Guam is legal.

Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Apr 2, 2020–May 11, 2023
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
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Dec 21, 2015–Apr 1, 2020
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Sources:
web.archive.org/web/2015010…//www.fda.gov/biologicsbloodvaccines/bloodbloodproducts/questionsaboutblood/ucm108186.htm
vox.com/2015/12/21/10635076…
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1983–Dec 21, 2015
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
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Conversion therapy in Guam

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Conversion therapy in Guam is not banned.

Current status
Not banned
Not criminalized in any of the US territories.
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Equal age of consent in Guam

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Equal age of consent in Guam is equal.

Current status
Since Jan 1, 1978
Equal
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