Recognition of same-sex unions in Guam

Guam, an overseas territory of the United States, recognizes neither same-sex marriage nor civil union. Akin to the US states of New Jersey, New Mexico, and New York, marriage remains undefined in both the constitution and the statute.

Legal recognition of same-sex couples
After Vermont successfully passed its same-sex marriage bill, the 27th Guam Youth Congress, an advisory body which submits legislation to committees of the Legislature of Guam, forwarded a bill to legalize civil unions to the legislature, with the bill being supported by Speaker Derick Baza Hills.

A similar measure failed in the 25th Guam Youth Congress by just one vote. Citing recent rulings in the courts such as the unanimous decision overturning the ban on same-sex marriage in Iowa, Hills later commented that the courts would be essential to make sure we "allow for equal rights" he stated in a press release. While same-sex marriage is currently not being considered in Guam, Hills made sure to point out that "We do have advocates in the Legislature [who support same-sex civil unions] ... I do feel and know that there are senators comfortable supporting this legislation," Hills said. Hills called on the Legislature of Guam to introduce legislation to create such unions, though the extent of rights to be granted is unknown.

On June 3, 2009, Vice-Speaker BJ Cruz introduced Bill No. 138, which would establish same-sex civil unions containing all the rights and benefits of civil marriage in Guam. The bill was heavily condemned by the Catholic Church.

Due to opposition to the bill within the religious community, Bill 212 was introduced by proponents of same-sex unions should the civil union bill fail to pass. The bill mirrors the bill passed in Hawaii that provided significantly limited rights. The bill is known as a "Designated Beneficiary Agreement," and unlike the civil union bill, would be open for both same-sex and opposite-sex couples.

Public Opinion
According to the poll, by Pacific Daily News, 26% of Guamanians support same-sex marriage, 27% support same-sex domestic partnerships or civil unions and only 29% of responders said that there should be no legal recognition of same-sex relationships in Guam.