- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Foreign same-sex marriages recognized only
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- Unknown
- Employment Discrimination
- Unknown
- Housing Discrimination
- Unknown
- Adoption
- Unknown
- Intersex Infant Surgery
- Unknown
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✔ Legal
- Conversion Therapy
- Unknown
- Age of Consent
- Unknown
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Public Opinion
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Same-sex marriage in American Samoa is foreign same-sex marriages recognized only.
Current status
Since Dec 13, 2022
Foreign same-sex marriages recognized only
In 2022, the US Congress passed the Respect for Marriage Act, requiring all US states and territories to recognize legal same-sex marriages performed in other jurisdictions.
Until Dec 13, 2022
Unrecognized
Same-sex marriage is not legal, and since American-Samoa has no federal courts, it is unclear if they can be sued for marriage equality at the state level as other states have done. However, due to Supreme Court case, United States vs. Windsor, legally married couples are granted at the federal level. This would include people from American-Samoa if it were recognized.
Censorship of LGBT issues in American Samoa is no censorship.
Current status
No censorship
There are no known laws censoring LGBTIQ+ topics in American Samoa.
Right to change legal gender in American Samoa is legal, but requires surgery.
Current status
Legal, but requires surgery
The High Court of American Samoa has ruled that changes to one’s birth certificate can only be granted to correct information that was erroneous at the time of its record. This has been interpreted to include trans people although they usually require evidence of gender-affirming care first.
Gender-affirming care in American Samoa is legal.
Current status
Legal
There are no known restrictions on gender-affirming care in American Samoa, including for minors.
Legal recognition of non-binary gender in American Samoa is not legally recognized.
Current status
Not legally recognized
American Samoa does not legally recognize a third gender.
LGBT discrimination in American Samoa is unknown.
Current status
Unknown
LGBT employment discrimination in American Samoa is unknown.
Current status
Unknown
LGBT housing discrimination in American Samoa is unknown.
Current status
Unknown
Same-sex adoption in American Samoa is unknown.
Current status
Unknown
Intersex infant surgery in American Samoa is unknown.
Current status
Unknown
Serving openly in military in American Samoa is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Since May 6, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Midday on May 6th, 2025, the Supreme Court issued an order allowing the Trump administration to enforce its ban on transgender service members while the court reviews their case.
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Legal under federal United States law
In 2021, former President Joe Biden removed then-former President Donald Trump’s ban on transgender people serving in the military.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
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.
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.
Blood donations by MSMs in American Samoa 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.
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.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
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.
Conversion therapy in American Samoa is unknown.
Current status
Unknown
Equal age of consent in American Samoa is unknown.
Current status
Unknown
Legal Rights
70 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in American Samoa to help improve its accuracy.
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