- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- N/A
- Non-Binary Gender Recognition
- ✖ Intersex only
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- N/A
- Donating Blood
- N/A
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Christmas Island is legal.
Current status
Since Dec 10, 1992
Same-sex marriage in Christmas Island is legal.
Current status
Since Dec 9, 2017
Legal
Same-sex marriage has been legal in Australia since 9 December 2017. The legislation to allow same-sex marriage, the Marriage Amendment (Definition and Religious Freedoms) Act 2017, passed the Australian Parliament on 7 December 2017 and received royal assent from the Governor-General the following day.
Banned
In 2004, same-sex marriage was banned in Western Australia under Australian federal law which defined a marriage as between a man and a woman. This also applied in Christmas Island.
Censorship of LGBT issues in Christmas Island is no censorship.
Current status
Since Apr 17, 2002
State-enforced
When Christmas Island came under Western Australian jurisdiction in 1992, it also came under the jurisdiction of provisions banning promotion of it and education of homosexuality in secondary schools.
Right to change legal gender in Christmas Island is legal, but requires medical diagnosis.
Current status
Since Oct 6, 2011
Legal, but requires medical diagnosis
Christmas Island is under the jurisdiction of Western Australia whose Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).
However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).
However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.
Legal, but requires surgery
Western Australia's Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).
This also applied to Christmas Island until 2011 when the surgery requirement was removed.
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).
This also applied to Christmas Island until 2011 when the surgery requirement was removed.
Gender-affirming care in Christmas Island is n/a.
Current status
N/A
Christmas Island’s infrastructure lacks the resources required to provide for gender-affirming care.
Legal recognition of non-binary gender in Christmas Island is intersex only.
Current status
Since Sep 15, 2011
LGBT discrimination in Christmas Island is illegal.
Current status
Since Jun 28, 2013
Illegal
Since 2013, Christmas Island bans discrimination on the basis of sexual orientation and gender identity under Australian federal law.
Illegal in some contexts
In 1997, sexual orientation became a protected characteristic in Christmas Island from employment discrimination under federal Australian law. Gender identity was not protected and no other protections were provided to sexual orientation.
In 2002, Western Australia would provide sexual orientation its own state-level protections which includes Christmas Island, but none would extend to gender identity until another federal law in 2013.
In 2002, Western Australia would provide sexual orientation its own state-level protections which includes Christmas Island, but none would extend to gender identity until another federal law in 2013.
LGBT employment discrimination in Christmas Island is sexual orientation and gender identity.
Current status
Since Jun 28, 2013
Sexual orientation and gender identity
Gender identity became a protected characteristic from discrimination in employment in Christmas Island in 2013 under federal Australian law. To date, there is no state-level protection in Western Australia provided against discrimination on the basis of gender identity.
Sexual orientation was protected by state laws since 2002.
Sexual orientation was protected by state laws since 2002.
Sexual orientation only
In 1997, sexual orientation became a protected characteristic in Christmas Island from employment discrimination under federal Australian law. Gender identity is not protected.
In 2002, Western Australia, which includes Christmas Island, would provide sexual orientation its own state-level protections, but none would extend to gender identity until another federal law in 2013.
In 2002, Western Australia, which includes Christmas Island, would provide sexual orientation its own state-level protections, but none would extend to gender identity until another federal law in 2013.
LGBT housing discrimination in Christmas Island is sexual orientation and gender identity.
Current status
Since Jun 28, 2013
Sexual orientation and gender identity
Gender identity became a protected characteristic from discrimination in housing in Christmas Island in 2013 under federal Australian law. To date, there is no state-level protection provided against discrimination on the basis of gender identity in Western Australia.
Same-sex adoption in Christmas Island is legal.
Current status
Since Apr 17, 2002
Intersex infant surgery in Christmas Island is not banned.
Current status
Not banned
Christmas Island operates under Western Australian law where surgery on intersex infants is legal.
Serving openly in military in Christmas Island is n/a.
Current status
N/A
Christmas Island is an external territory of and therefore protected by Australia.
Blood donations by MSMs in Christmas Island is n/a.
Current status
N/A
Christmas Island’s infrastructure lacks the resources required to provide for blood donations.
Conversion therapy in Christmas Island is not banned.
Current status
Not banned
Christmas Island follows Western Australian law, under which conversion therapy is not banned. The government previously promised to ban it but a ban has yet been put in place.
Equal age of consent in Christmas Island is equal.
Current status
Since Apr 17, 2002
Equal
The Acts Amendment (lesbian and gay law reform) Act 2002 repealed legislation which unfairly penalised LGBT people, including laws setting an unequal age of consent. This also applies in Christmas Island.
Unequal
Homosexuality was decriminalised in Christmas Island when it came under Western Australian jurisdiction in 1992. However, when Western Australia finally decriminalised same-sex sexual activity, it set the age of consent for homosexual couples to 21, simultaneously lowering the age of consent for heterosexual couples to 16. This also applied in Christmas Island.
Legal Rights
87 / 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 Christmas Island to help improve its accuracy.
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