Recognition of same-sex unions in Palau

Palau does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples.

Background
Homosexuality in Palau has historically been taboo, and society generally does not accept same-sex relationships. Same-sex sexual relations were prohibited in Palau until a new penal code was enacted in 2014. Christianity, introduced to Palau in the 19th century, has also shaped societal perception, leading LGBT people to experience social marginalisation and discrimination today.

Constitutional ban
The Constitution of Palau has defined marriage as between "a man and a woman" since 2008. The constitutional ban was among the 22 amendments passed during the November 4, 2008 referendum. Previously, the Constitution did not address same-sex marriage or marriage explicitly. Article IV, Section 13 of the Constitution was amended to read: "The government shall provide for marital and related parental rights, privileges and responsibilities on the basis of equality between men and women, mutual consent and cooperation. All marriages contracted within the Republic of Palau shall be between a man and a woman. Parents or individuals acting in the capacity of parents shall be legally responsible for the support and for the unlawful conduct of their minor children as prescribed by law."

In July 2019, in response to a question at a weekly press conference, President Tommy Remengesau Jr. said he supported striking down the ban, saying he believes in "full equality" and branding it discriminatory. "Those who are different doesn't mean that they should be outcast, second class citizens, or that they can't contribute to the community. So I want to make it clear that I don't believe in the constitutional amendment that promote[s] discrimination. I want it to be on record that I support the rights of each individual, any Palauan, to be treated equally... Let us treat each other with respect and dignity. This won't be positive for us at the UN level as the trend worldwide is opening up to these individual rights, but we are taking a step backward.", he said. He finished his statements with "as long as they believe in God like everyone else, we can treat each other with respect and dignity". Local activists applauded his comments, calling it a "very surprising and progressive act".

Statutory laws
In February 2014, a bill was introduced to the Senate of Palau to define marriage in the National Code as being between "a man and a woman" in order to give statutory effect to the new constitutional definition of marriage. The bill passed its first reading in May 2014, but eventually did not pass the National Congress. The Kaleidoscope Australia Human Rights Foundation (KHRF) considered that if enacted, the bill would have "further entrench[ed] discrimination against same-sex couples in Palauan law". Palau also does not recognize civil unions, which would provide same-sex couples a subset of the rights and benefits of marriage. The KHRF reported in 2016 that the constitutional definition of marriage "[does] not hinder the ability of the National Congress to legislate for other forms of relationship recognition". At Palau's second Universal Periodic Review on 21 January 2016, Spain recommended the government to legalize same-sex marriage. The government "noted" (rejected) these recommendations.

The National Code does not expressly forbid same-sex marriages, but its provisions on marriages between two non-citizens or between a citizen and a non-citizen state that "the male" must be at least 18 years of age and "the female" at least 16 years of age.

Palau law does not expressly ban the recognition of same-sex marriages validly performed abroad, but an attempt to register an overseas same-sex marriage was denied in 2014. This refusal was not pursued in court. A 2023 government report recommended allowing same-sex couples married abroad to be recognized and allow surviving spouses to access insurance social security benefits. The report, which according to Vice President Uduch Sengebau Senior can serve as "valuable resource for informed-decision making and policy formulation", also noted that the "LGBT community in Palau supports the removal of the constitutional provision against same-sex marriage".