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Public Opinion

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History

Homosexual activity in Samoa

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Homosexual activity in Samoa is male illegal, female legal.

Current status
Since 1961
Male illegal, female legal
Up to 5 years prison. Decriminalization pending.
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Same-sex marriage in Samoa

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Same-sex marriage in Samoa is unrecognized.

Current status
Unrecognized
Homosexuality is currently illegal.
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Censorship of LGBT issues in Samoa

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Censorship of LGBT issues in Samoa is state-enforced.

Current status
Since May 1, 2013
State-enforced federal law
In 2013, Samoa removed Section 58N from its Crimes Act, decriminalising “female impersonation”, which targeted the indigenous Fa’afafine population.

Despite this, there have been at least two cases of films with LGBT content getting banned from screening in the country over incompatibility with the country's laws and values.
Jan 1, 1962–Apr 30, 2013
Imprisonment as punishment federal law
The 1961 Crimes Act in Samoa criminalised “female impersonation” with 6 months imprisonment. This had criminalised the gender expression of the indigenous Fa’afafine population and other trans women. It was repealed in 2013.

Right to change legal gender in Samoa

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Right to change legal gender in Samoa is illegal.

Current status
Illegal
Samoa has a large transgender community called the fa'afafine and the fa'afatama; but there is no legal gender recognition avenue provided to trans Samoans.

Gender-affirming care in Samoa

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Gender-affirming care in Samoa is unknown.

Current status
Unknown

Legal recognition of non-binary gender in Samoa

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

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

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LGBT discrimination in Samoa is illegal in some contexts.

Current status
Since 2007
Illegal in some contexts
Explicit legal protections under:

-Mental Health Act (2007): sexual preference or sexual orientation.
-Labour and Employment Relations Act (2013): sex, gender, sexual orientation.
-Sentencing Act (2016): gender identity and sexual orientation (Aggravating factor).

LGBT employment discrimination in Samoa

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

Current status
Since Jan 1, 2013
Sexual orientation and gender identity
Under the Labour and Employment Relations Act (2013). Article 20 on Fundamental rights and principles (2) A person must not discriminate, directly or indirectly, against an employee or an applicant for employment in any employment policies, procedures or practices on1 or more arbitrary grounds, including sex, gender, sexual orientation, real or perceived HIV status, among others.
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LGBT housing discrimination in Samoa

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LGBT housing discrimination in Samoa is unknown.

Current status
Unknown

Same-sex adoption in Samoa

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Same-sex adoption in Samoa is unknown.

Current status
Unknown

Intersex infant surgery in Samoa

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Intersex infant surgery in Samoa is not banned.

Current status
Not banned
Surgery on intersex infants is legal in Samoa.
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Serving openly in military in Samoa

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Serving openly in military in Samoa is n/a.

Current status
Since Aug 1, 1962
N/A federal law
Samoa does not have a military. They are protected by New Zealand through an informal pact known as the Treaty of Friendship.
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Blood donations by MSMs in Samoa

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Blood donations by MSMs in Samoa is unknown.

Current status
Unknown

Conversion therapy in Samoa

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Conversion therapy in Samoa is sexual orientation only.

Current status
Since 2007
Sexual orientation only
According to the Mental Health Act (2007) a person is not to be considered mentally ill by reason that the person expresses or refuses or fails to express a particular sexual preference or sexual orientation.
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Equal age of consent in Samoa

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Equal age of consent in Samoa is unknown.

Current status
Unknown


LGBT Rights by District

View the LGBT laws in each individual district of Samoa.