Same-sex marriage in Guam

Same-sex marriage in Guam has been licensed and recognized since June 9, 2015, following a ruling of the District Court of Guam on June 5, 2015, that held the territory's prohibition of same-sex marriage unconstitutional.

Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 18 states and Mexico City, in certain municipalities in three other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in Tel Aviv.
  7. Degree of recognition unknown. No actual cases to date.
  8. Limited to residency rights for foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Maitri Karar–type contractual relationships, but it is not legally enforceable
  12. Offer "partnership certificates", which provide some tools (such as hospital visitation rights) but do not offer any legal recognition
  13. Limited to spouses of foreign diplomatic officials.
* Not yet in effect or automatic deadline set by judicial body for same-sex marriage to become legal
LGBT portal

Guam was the first overseas territory of the United States to recognize same-sex marriage. On August 27, 2015, the Guam Marriage Equality Act of 2015 passed by the Guam Legislature came into effect, officially incorporating the federal court ruling into statutory law.

Marriage statutes

[[File:Same-sex marriage map Oceania.svg|thumb|left|300px|Recognition of same-sex relationships in Oceania {{legend-shell|lang=en|title=Laws regarding same-sex sexuality in Oceania|

  Marriage performed
  Civil unions performed (Easter Island)
  Recognition of same-sex marriages at the federal level, no territory-level recognition (American Samoa)
  No recognition
  Constitution limits marriage to opposite-sex couples (Palau)
  Same-sex sexual activity illegal, but ban not enforced

(Country names will appear with mouse-overs when map is viewed at full size. Encircling lines are the EEZ of each state.)

]]

The Guam Organic Act of 1950, an Act of the United States Congress, does not address the question of marriage. Since August 2015, Guam's marriage statutes have recognised the marriages of same-sex couples. Previously, a 1994 law specifying the responsibilities of the Guam Department of Public Health defined marriage as the union of a man and a woman.

That law, which contained a prohibition on marriage "between uncles and nieces or aunts and nephews", arguably showed Guam anticipated only recognising only opposite-sex marriages. The law stipulated that parties "must declare in the presence of the person solemnizing the marriage that they take each other as husband and wife." With respect to marriages from other jurisdictions, the statues stated:[1]

All marriages contracted outside of the territory of Guam, which would be valid by the laws of the country in which the same were contracted, are valid in the territory of Guam.

The 1994 law, which set standards and procedures for the Guam Department of Public Health, included this definition:[2][3]

Marriage means the legal union of persons of opposite sex. The legality of the union may be established by civil or religious regulations, as recognized by the laws of Guam.

Federal courts in Guam are subject to the precedents set in 2014 by the decisions of the Ninth Circuit Court of Appeals in Latta v. Otter and Sevcik v. Sandoval, which found Idaho's and Nevada's denial of marriage rights to same-sex couples unconstitutional. The District Court of Guam noted this precedent in its June 2015 ruling permanently enjoining Guam officials from enforcing the 1994 law "or any other laws or regulations to the extent they prohibit otherwise qualified same-sex couples from marrying in Guam".[4]

2015 equality legislation

Following the District Court of Guam's June 2015 ruling permanently enjoining Guam officials from enforcing the 1994 law banning same-sex marriage and the U.S Supreme Court's ruling in Obergefell v. Hodges, Guam legislators on August 12, 2015 passed the Guam Marriage Equality Act of 2015, which created legal equality in civil marriage. The bill passed by a margin of 13-2 in Guam's unicameral Legislature.[5][6][7] It took effect on August 27, 2015.[8]

The law amended the definition of marriage under Guam law to the following:[9]

Marriage means the legal union between two persons without regard to gender.

Proposed legislation

After Vermont enacted same-sex marriage legislation, the 27th Guam Youth Congress, an advisory body which submits legislation to committees of the Legislature of Guam, forwarded a bill to legalize civil unions to the Legislature, with the bill being supported by Speaker Derick Baza Hills.

A similar measure failed in the 25th Guam Youth Congress by just one vote. Citing recent rulings in the courts such as the unanimous decision overturning the ban on same-sex marriage in Iowa, Hills later commented that the courts would be essential to make sure we "allow for equal rights",[10] he stated in a press release. While same-sex marriage was then not being considered in Guam, Hills made sure to point out that "We do have advocates in the Legislature [who support same-sex civil unions] ... I do feel and know that there are senators comfortable supporting this legislation." Hills called on the Legislature of Guam to introduce legislation to create such unions, though the extent of rights to be granted was unknown.[10]

On June 3, 2009, Vice-Speaker BJ Cruz introduced Bill No. 138, which would have established same-sex civil unions (Chamorro: unikon sibit) containing all the rights and benefits of civil marriage in Guam.[11][12] The bill was heavily condemned by the Catholic Church.[13] The bill did not get sufficient votes to make it to the session floor.[14]

Due to opposition to the bill within the religious community, Bill 185 and Bill 212 were introduced by proponents of same-sex unions should the civil union bill fail to pass. Bill 212 mirrored the bill passed in Hawaii that provided significantly limited rights. The bill was known as a "Designated Beneficiary Agreement," and unlike the civil union bill, would have been open to both same-sex and opposite-sex couples.[15][16] Both bills also failed to pass.

Licensing same-sex marriage

On April 8, 2015, a lesbian couple were refused a marriage license at the Department of Public Health and Social Services. The next day, the editorial board of the Guam Pacific Daily News endorsed the legalization of same-sex marriage in Guam.[17] Attorney General Elizabeth Barrett-Anderson endorsed the Department's refusal, but when later asked if Guam law violated the Fourteenth Amendment said: "Good question. I can't comment."[18] The couple filed a lawsuit challenging the territory's refusal to grant then a marriage license, Aguero v. Calvo, in the District Court of Guam on April 13.[19]

On April 15, 2015, Attorney General Elizabeth Barrett-Anderson ordered Guam officials to begin licensing same-sex marriages, which would have made Guam the first U.S. territory to legalize same-sex marriage. Barrett-Anderson issued a directive to the Department of Public Health and Social Services to immediately process applications from same-sex couples for marriage licenses, instructing that same-sex applicants be treated "with dignity and equality under the Constitution". She cited the decision of the Ninth Circuit Court of Appeals in Latta v. Otter, which is controlling precedent in federal courts in Guam.[20] However, Governor Eddie Calvo responded the next day by questioning the legal basis for Barrett-Anderson's memorandum. He suggested same-sex marriage licensing should wait until the Supreme Court ruled on a case before it.[21] Governor Calvo said the question of marriage should be addressed by the Legislature or voters of Guam, and the acting head of the Guam Department of Public Health and Social Services stated that his office would not accept applications from same-sex couples seeking marriage licenses for the time being.

On May 8, Judge Frances Tydingco-Gatewood, Chief Judge of Guam District Court, denied the defendants' request to delay proceedings pending action by the U.S. Supreme Court in related cases. Noting they are represented by a Special Assistant Attorney General appointed on May 1, she set a briefing schedule and scheduled a hearing for June 5.[22][23]

On June 5, Judge Tydingco-Gatewood issued a ruling which struck down Guam's statutory ban on same-sex marriage. The ruling was issued immediately after the court hearing proceedings and went into effect on Tuesday, June 9. Same-sex marriages became performable and recognized in the U.S. territory from that date. Attorneys representing the Government of Guam said in a May 18 court filing that "should a court strike current Guam law, they would respect and follow such a decision".[24]

On June 9, 2015, Loretta M. Pangelinan, 28, and Kathleen M. Aguero, 29, were the first of several same-sex couples to receive a marriage license in the territory's capital, Hagåtña.[25] The first couple to marry was Deasia Johnson of Killeen, Texas and Nikki Dismuke of New Orleans, who married each other in a brief ceremony in the office of Public Health Director James Gillan on the morning on June 9, 2015, the day the island territory became the United States' first overseas territory to recognize same-sex marriage.[26]

Marriage statistics

139 same-sex couples wed on the island from June 2015 to October 2016. 67 of these couples were Guamanian residents, 12 were from the Philippines, 9 from Taiwan, 6 from the state of California and 5 from both Hong Kong and the Northern Mariana Islands. There were also couples from Honduras, Italy, Malaysia, Russia, South Korea and the Netherlands.[27]

In October 2016, the Guam Visitors Bureau began marketing Guam as a same-sex marriage destination in hopes of attracting same-sex couples seeking to marry to the island.[28]

In the two years after the legalization of same-sex marriage in Guam, approximately 200 same-sex couples had married on the island.[29]

Public opinion

In a 2009 poll conducted by Pacific Daily News, 26% of Guamanians supported same-sex marriage, 27% supported same-sex domestic partnerships or civil unions, and 29% of responders said that there should be no legal recognition of same-sex relationships in Guam.[30]

An April 2015 poll conducted by students from the University of Guam found a 55% majority in favor of same-sex marriage, while 29% opposed it and 16% had no opinion on the issue.[31]

See also

References
  1. "Chapter 3. The Contract of Marriage" (PDF). Guam Code Annotated. Compiler of Laws, Supreme Court of Guam. Archived from the original (PDF) on November 3, 2014. Retrieved November 3, 2014.
  2. Raymundo, Shawn (April 17, 2015). "1994 law central to marriage debate". Guam Pacific Daily News. Archived from the original on April 16, 2015. Retrieved April 16, 2015.
  3. "Chapter 3. Public Health and Social Services" (PDF). Guam Code Annotated. Compiler of Laws, Supreme Court of Guam. Archived from the original (PDF) on April 16, 2015. Retrieved November 2, 2014.
  4. "Summary Judgement of the District Court of Guam in the matter of Aguero v. Calvo" (PDF). District Court of Guam. June 8, 2015. Archived from the original (PDF) on March 4, 2016. Retrieved March 9, 2016.
  5. Salas Matanane, Sabrina (August 12, 2015). "Senators Vote During Session". K.U.A.M News. Archived from the original on March 4, 2016. Retrieved March 9, 2016.
  6. Ridgell, Clynt (August 12, 2015). "Marriage Equality and Employment Nondiscrimination Acts Pass". Pacific News Centre. Archived from the original on March 17, 2016. Retrieved March 9, 2016.
  7. Raymundo, Shawn (August 12, 2015). "Legislature passes Marriage Equality Act". Guam Pacific Daily News. Archived from the original on January 17, 2017. Retrieved January 17, 2017.
  8. Sablan, Jerick (August 27, 2015). "Guam's marriage equality legislation lapses into law". Guam Pacific Daily News. Archived from the original on March 17, 2016. Retrieved March 9, 2016.
  9. "Guam Marriage Equality Act of 2015" (PDF). Legislature of Guam. Archived from the original (PDF) on January 17, 2017. Retrieved January 17, 2017.
  10. Lee, Yvonne S. (April 10, 2009). "Youth congress pass bill to legalize same sex civil unions". Pacific Daily News. Retrieved April 23, 2009.
  11. Same-sex civil unions proposed
  12. "Bill No. 138 - An act to amend Chapter 3 of Title 19 of the Guam Code Annotated; relative to the legalization of same sex civil unions within the territory of the island of Guam" (PDF). Guam Legislature. Archived from the original (PDF) on March 3, 2016. Retrieved March 9, 2016.
  13. "Archbishop Apuron Responds To Senator Cruz's Same Sex Civil Union Bill". Archived from the original on March 9, 2016. Retrieved June 4, 2009.
  14. Aguon, Mindy (February 24, 2011). "Gay community hopeful for Guam civil unions". Kuam News. Archived from the original on January 27, 2016. Retrieved August 27, 2013.
  15. "Bill No. 30-185 (COR) – An act to add a new Chapter 16, Title 19, Guam Code Annotated; relative to Domestic Partnerships" (PDF). Guam Legislature. Archived from the original (PDF) on March 9, 2016. Retrieved March 9, 2016.
  16. "Bill No. 212-30 (LS) - An Act to add a new Chapter 16 to Division 1 of Title 19, Guam Code Annotated, relativ to the establishment of Designated Beneficiary Agreements; and citing this Act as the "Designated Beneficiary Agreement Act of 2009"" (PDF). Guam Legislature. Archived from the original (PDF) on January 17, 2017. Retrieved January 17, 2017.
  17. "Rectify: Legalizing same-sex marriage is about justice and equality". Guam Pacific Daily News. April 9, 2015. Retrieved April 10, 2015.
  18. "Guam AG says she'll answer questions on same-sex marriage at 'a later time'". Guam Pacific Daily News. April 10, 2015. Retrieved April 10, 2015.
  19. "Complaint". Scribd,com. District Court of Guam. Archived from the original on March 9, 2016. Retrieved April 13, 2015.
  20. Geidner, Chris (April 15, 2015). "Guam Attorney General Calls For Marriage Equality "Immediately," Other State Officials Hold Off". BuzzFeed. Archived from the original on February 25, 2016. Retrieved March 10, 2016.
  21. Salas Matanane, Sabrina (April 17, 2015). "Governor Calvo needs more time on same-sex marriage". KUAM. Archived from the original on March 4, 2016. Retrieved May 22, 2015.
  22. Daly, Kyle (May 8, 2015). "Judge grants extension in Guam gay marriage case, but denies stay". Guam Pacific Daily News. Archived from the original on May 13, 2015. Retrieved May 9, 2015.
  23. "Guam Gay Marriage Case To Proceed This Month". The Huffington Post. Associated Press. May 8, 2015. Archived from the original on November 24, 2015. Retrieved March 10, 2016.
  24. "Guam becomes first US territory to recognise same-sex marriage". The Guardian. Associated Press. June 5, 2015. Archived from the original on March 3, 2016. Retrieved March 9, 2016.
  25. "Gay couples begin applying to marry in Guam". The Guardian. Associated Press. June 9, 2015. Archived from the original on March 4, 2016. Retrieved March 9, 2016.
  26. Grace Garces Bordallo (June 9, 2015). "First gay couple to marry in US territory ties knot in Guam". seattlepi.com. Associated Press. Archived from the original on June 27, 2015.
  27. Quintanilla, Ken (October 16, 2016). "GVB sees big opportunity in marketing Guam as same-sex marriage destination". KUAM-TV. Archived from the original on October 31, 2016. Retrieved October 31, 2016.
  28. GVB sees big opportunity in marketing Guam as same-sex marriage destination
  29. 200 same-sex couples wed in Guam
  30. "Marriage equality USA: Guam". Marriage Equality USA. Archived from the original on October 31, 2016. Retrieved October 31, 2016.
  31. UOG Poll: 55% Support Gay Marriage, Pacific News Center, April 22, 2015
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