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].

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].

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].

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].

State

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

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].

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].

Courts & Tribunals

On 16 June 2017, the Superior Court was reported to have ordered that the Department of Public Health and Social Services apply all rules and policies regarding birth certificates to same-sex spouses as it does to heterosexual spouses. The order was made in the application by Kimberley and Devidene Chargualaf to have both women's name shown on their baby's birth certificate [R1.1].