Male homosexuality is criminalised in Samoa with up to 5 years in prison, but female homosexuality is legal.

However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.

Homosexuality is currently illegal.

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.

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.

Samoa only has about 120 medical doctors in the entire country, and is below the WHO's target minimum of 200. Gender-affirming care is therefore absent, though it is not banned.

No legal recognition.

Section 7(1)(h) of the Sentencing Act (2016) states that in sentencing or otherwise dealing with a defendant, the court must take into account that the defendant committed the offence partly or wholly because of hostility towards a group of persons who have an enduring common characteristic such as race, colour, nationality, religion, gender identity, sexual orientation, age, or disability.

However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.

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).

However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.

As an example, Samoan villages have banned people of certain ethnicities or religions from setting up stores or have even banished those groups entirely, despite national law officially forbidding discrimination based on ethnicity or religion.

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.

However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.

According to the ilga database there are no protections for LGBTIAQ+ people against housing discrimination in Samoa.

In Samoa, same sex couples can't adopt but any single women could adopt which does include LGBTIAQ+ single women.

Surgery on intersex infants is legal in Samoa.

Samoa does not have a military. They are protected by New Zealand through an informal pact known as the Treaty of Friendship.

There is no explicit ban on MSMs donating blood in Samoa, albeit male homosexuality being illegal.

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.

Homosexuality is illegal for men and legal for women.