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American Samoa's Equality Profile

Quick Facts About American Samoa

Total State
Population:

55,519 Census 2018

Total Adult
Population:

29,797 Census 2018

Total LGBTQ Adult
Population:

N/A Gallup/Williams 2018

% of Adults (18+) Who are LGBTQ:

N/A Gallup/Williams 2018

% of LGBTQ Adults (25+) Raising Children:

N/A Gallup/Williams 2018

American Samoa's LGBTQ Policy Tally

Sexual Orientation
Policy Tally:1.5/18.5
Gender Identity
Policy Tally:-1/20
Overall Tally:0.5/38.5
View Methodology/More Information
See how American Samoa compares to the rest of the country on the Snapshot page.

American Samoa's LGBTQ Laws and Policies

Click on each issue for more information and to see where the state fits into the national landscape.

Key
  • State has this law Indicates state law or policy
  • State has this law Indicates local laws or policies and/or partial law
  • State does not have this law Indicates no law or policy
  • Enumeration not applicable
Relationship and Parental Recognition Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
As a result of the 2015 U.S. Supreme Court decision in Obergefell, same-sex couples can marry nationwide and states must extend all the rights and benefits of marriage to same-sex couples. As a result, the following benefits are available to all married same-sex couples on the same basis they are available to married different-sex couples:

Marriage for Same-Sex Couples
Medical Decision-Making Authority for Married Same-Sex Couples
Stepparent Adoption for Married Same-Sex Couples
Joint Adoption for Married Same-Sex Couples

Note: the U.S. Supreme Court ruling applies to American Samoa. However, there is some question as to the “on the ground” implementation of the Court’s 2015 ruling. For more information, please see the U.S. territory policy spotlight

1/1
Second-Parent Adoption for Unmarried Couples 0/1
Family Services Nondiscrimination Laws

Adoption Nondiscrimination Protections for LGBTQ Parents
Foster Care Nondiscrimination Protections for LGBTQ Parents

0/0.5
0/0.5

0/0.5
0/0.5
Recognition for Parents Using Assisted Reproduction 0.5/1
Recognition of De Facto Parents 0/1
State Family Leave Laws

LGBTQ-Inclusive Definitions of Spouse/Partner
LGBTQ-Inclusive Definitions of Children/Parents

0/0.5
0/0.5


Subtotal 1.5/6 0/1
Relationship and Parental RecognitionTotal 1.5/7
State Nondiscrimination Laws Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
As a result of a June 2020 U.S. Supreme Court ruling, people in all states can seek recourse for employment discrimination based on sexual orientation and gender identity through the federal Equal Employment Opportunity Commission and federal courts.
Employment Nondiscrimination Laws* 0/1 0/1
Housing Nondiscrimination Laws* 0/1 0/1
Public Accommodations Nondiscrimination Laws* 0/1 0/1
Credit and Lending Nondiscrimination Laws 0/1 0/1
Nondiscrimination Policies for State Employees 0/0.5 0/0.5
Negative Law: State Bans Cities and Counties from Passing Nondiscrimination Laws No Negative Law 0/-1 No Negative Law 0/-1
Subtotal 0/4.5 0/4.5
Nondiscrimination Total 0/9
*If state lacks statewide law, tally looks at local Nondiscrimination ordinances in employment, housing, and public accommodations and provides partial points based on percent of LGBTQ population covered by local laws.
Religious Exemption Laws Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Negative Law: Broad "RFRA" or Religious Exemption Law No Negative Law 0/-0.5 No Negative Law 0/-0.5
Negative Law: Targeted Religious Exemption for Child Welfare Services No Negative Law 0/-1 No Negative Law 0/-1
Negative Law: Targeted Religious Exemption for Medical Professionals No Negative Law 0/-1 No Negative Law 0/-1
Negative Law: Targeted Wedding Services

Private Wedding Services
State and Local Officials Providing Marriage Licenses
No Negative Law
No Negative Law
0/-0.5
0/-0.5


Subtotal 0/-3.5 0/-2.5
Religious Exemption Laws Total 0/-6
Healthcare Laws and Policies Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Private Health Insurance Nondiscrimination Laws 0/1 0/1
Health Insurance Providers Banned from Excluding Coverage for Transgender-Specific Care 0/1
State Medicaid Policy Related to Coverage for Transgender People 0/1
Transgender Inclusive Health Benefits for State Employees 0/0.5
Data Collection

LGBTQ Adults
LGBTQ Youth

0/0.5
0/0.5

0/0.5
0/0.5
Subtotal 0/2 0/4.5
Healthcare Total 0/6.5
Criminal Justice Laws and Policies Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Hate Crime Law Covering LGBTQ People 0/1 0/1
Ban on Panic Defense 0/1 0/1
Negative Law: State Criminalizes Exposure to and/or Transmission of HIV No Negative Law 0/-1 No Negative Law 0/-1
Subtotal 0/2 0/2
Criminal Justice Total 0/4
Ability for Transgender People to Correct
Name and Gender Marker on Identity Documents
Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Changing Gender Marker on Driver's Licenses 0/1
Changing Gender Marker on Birth Certificates 0/1
Gender Neutral Options

"X" Option on Driver's Licenses
"X" Option on Birth Certificates



0/0.5
0/0.5
Name Change Process NEGATIVE LAW -1/1
Subtotal -1/4
Identity Documents Total -1/4
Grand Totals Sexual Orientation
Policy Tally
Gender Identity
Policy Tally
Overall Tally
Totals 1.5/18.5 -1/20 0.5/38.5
Ratings LOW NEGATIVE LOW

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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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