Guam LGBT Laws

Age of Consent Legislation/Cases/References
1. State

Consensual sex between same-sex couples is lawful at sixteen (16) years [R1.1].

Guam Code Title 9: Crimes & Corrections, Chapter 25: Sexual Offences [L1.1].

§ 25.25. Third Degree Criminal Sexual Conduct.

(a) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:

(1) that other person is at least fourteen (14) years of age and under sixteen (16) years of age;

(2) force or coercion is used to accomplish the sexual penetration; and

(3) the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.

(b) Criminal sexual conduct in the third degree is a felony of the second degree.

§ 25.01.20. Electronic Enticement of a Child as a Third Degree Felony [L1.2].

L1.1 Guam Code: Chapter 25: Sexual Offences (Accessed 21 JUN 09)
L1.2 Guam Code: Chapter 25.01: Solicitation of Children and Child Pornography (Accessed 21 JUN 09)
Civil Unions, Partners Legislation/Cases/References
See also: [MARRIAGE]
1. State

On 03 June 2009, Vice speaker Benjamin Cruz introduced Bill No. 138 that would allow same-sex civil unions and permit same-sex couples who have lived in Guam for at least five years to receive all benefits granted to heterosexual married couples [R1.1].

R1.1 The Advocate: Guam Debates Civil Unions 05 JUN 09
Discrimination Legislation/Cases/References
1. State

On 12 August 2015, the Guam Senate by a 13-2 vote margin approved a bill that amends the island’s legal code to create “equality in civil marriage”. Lawmakers also unanimously passed an LGBT anti-discrimination measure [R1.1].

R1.1 WashingtonBlade: Guam lawmakers pass LGBT bills 12 AUG 15
Gender Identity, Intersex,
Transgender, Transexual
1. National

On 17 December 2018, lawmakers reportedly rejected 7-6 Bill 291-34 to allow transgender individuals to change their legal sex designation [R1.3].

On 19 August 2018, it was reported that Senator Fernando Esteves introduced (Bill 291-34 (COR) on 29 May 2018) that would allow individuals who identify as transgender to change their birth certificates without having to undergo a sex change operation [L1.2], [R1.1].

R1.3 TheGuamDailyPost: Transgender bill fails; 17 other measures passed 18 DEC 18
L1.2 Bill: An Act to Amend § 3222 of Chapter 3, Title 10, Guam Code Annotated and to add a new Chapter 36 to Title 7, Guam Code Annotated, relative to allowing individuals to change the legal sex designation on their birth certificates PDF 276.67kb 29 MAY 18
R1.1 KUAM: Bill allows people to identify as transgender without sex change operation 19 AUG 18
Homosexuality, Sodomy Legislation/Cases/References
1. State

In 1978, consensual sex between same-sex couples became lawful [R1.1]

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, fn 126, MAY 08
Marriage Legislation/Cases/References
1. State

On 12 August 2015, the Guam Senate by a 13-2 vote margin approved a bill that amends the island’s legal code to create “equality in civil marriage”. Lawmakers also unanimously passed an LGBT anti-discrimination measure [R1.5].

On 16 April 2015, it was reported that the acting Director of the Public Health department Leo Casil is defying the Attorney General’s order to issue same-sex marriage licenses, because he says he’s been told not to follow it – for now [R1.4].

On 15 April 2015, Attorney General Elizabeth Barrett-Anderson directed officials to immediately begin processing same-sex-marriage applications following the filing of a legal challenge by lesbian couple Kathleen M Agueri and Loretta M Pangelinan to the territory’s marriage laws, after they were barred from submitting an application for a license to wed [R1.3].

Guam law does not explicitly make same-sex marriages unlawful.

Guam Code Annotated. Title 19 Personal Relations. Division 1 – Persons & Personal Relation. Chapter 3 provides:

§ 3101. What constitutes Marriage

Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making that contract is necessary” [R1.2].

§ 3107. Marriage Outside of Guam

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 [R1.2]

§ 3108. Choices of Name Upon Marriage.

Upon entering into a contract of marriage a woman may elect to retain her maiden name as her surname. Upon entering into a contract of marriage, either spouse may elect to hyphenate his or her surname with the surname of the other spouse. Intention of the exercise of said election shall be indicated upon the marriage license application as provided for by § 3202 of this Title [R1.2].

On 08 April 2015, a Department of Public Health and Social Services clerk refused to accept a same-sex marriage license application filed by Loretta Pangelinan and Kathleen Aguero, saying that under Guam law, a marriage license is only issued to a couple of the opposite sex. The US district court of Guam falls within the 9th US circuit court of appeals jurisdiction, which has ruled in favor of gay marriage [R1.1].

2. Courts & Tribunals

On 16 March 2016, the federal court ordered the government of Guam to pay $85,417.65 in legal expenses for Kathleen Aguero and Loretta Pangelinan [R2.5].

On 08 June 2015, US District Court Chief Judge Frances M Tydingco-Gatewood in the case of Kathleen M Agueri and Loretta M Pangelinan v. Eddie Baza Calvo & Anor struck down the Territory’s prohibition against same-sex marriage, with effect at 8:00 a.m. on 09 June [C2.4], [R2.3].

On 13 April 2015, a complaint was filed in the US District Court for Guam on behalf of Kathleen Aguero and Loretta Pangelinan challenging the refusal to accept their same-sex marriage application [R2.1].

R1.5 WashingtonBlade: Guam lawmakers pass LGBT bills 12 AUG 15
R1.4 RadioAustralia: Guam Health Dept refuses to issue marriage licences for same-sex couples 16 APR 15
R1.3 NBCnews: Guam Becomes First U.S. Territory to Allow Same-Sex Marriages 15 APR 15
R1.2 Supreme Court of Guam: Compiler of Laws: Ch. 3 Comtract of Marriage (Accessed 17 DEC 14)
R1.1 TheGuardian: Guam rejects territory’s first-ever same-sex marriage license application 08 APR 15
R2.5 PacificDailyNews: Court orders payment of legal fees for gay couple 17 MAR 16
C2.4 Order and Opinion: Kathleen M Agueri and Loretta M Pangelinan v. Eddie Baza Calvo & Anor No. 15-00009 PDF 101.95kb 08 JUN 16
R2.3 abcNEWS: Federal Judge Strikes Down Guam’s Gay Marriage Ban 05 JUN 15
R2.1 NBCnews: Guam Couple Seek to Overturn Ban on Same-Sex Marriage 14 APR 15