In Marshall Islands, there are no laws restricting the discussion or promotion of LGBTQI+ topics, however, there are very little administrative or legal procedures that provide members of the LGBTQI+ community with protection and recognition in Marshall Islands. The Marshall Islands decriminalised consensual same-sex activity in 2005 with amendments to their Criminal Codes, as well as included a variety of human rights protections in its Constitution, including freedom of thought, speech, assembly, association and petition.

In 2011, the Marshall Islands signed a Joint Statement entitled “Ending Acts of Violence and Related Human Rights Violations Based on Sexual Orientation and Gender Identity” during a general UNHRC debate. By signing the statement, the Marshall Islands, together with other signatories, acknowledged their responsibility to end human rights violations against all those who are vilified, including the ending of abuses committed against people due to their sexual orientation or gender identity.

On an international stage, the Marshall Islands has ratified a number of human rights treaties that work to generally prevent discrimination, including the Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) and Convention on the Rights of the Child (CRC). For instance, Article 2 of CEDAW requires States Parties to condemn discrimination against women in all forms, including based on sex and gender identity.

However, despite progress, the Marshall Islands Adoption Act 2002, made it illegal for same-sex couples to petition for adoption. The Adoption Act states “same sex couples are, or an individual living as a member of a same sex couple is, not eligible to petition the court for the adoption of any children,” thus specifically preventing adoption by an LGBTQI+ person. Furthermore, such a law exists in tandem with the fact that the Marshall Islands currently does not have any laws or policies prohibiting discrimination of a person based on sexual orientation or gender identity. 

Although transgender persons in Marshall Islands face a similar lack of protection measures, the 2019 Gender Equality Act does, in fact, create a new Chapter under Title 26 to recognize, promote, protect, and enforce the human rights and fundamental freedoms related to gender equality. The 2019 Gender Equality Act includes additional provisions regarding equal access to education, employment, health, as well as participation in political and public life. 

However, Marshall Islands does not currently provide any administrative or legal procedures that allows transgender people to change their gender in official documents nor does it legally recognize non-binary gender.