LGBT in Australia
| LGBT rights in Australia | |
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| Same-sex sexual activity legal? | Always legal for women; legal for men in all states and territories since 1997 Equal age of consent in all states and territories since 2016 |
| Gender identity/expression | Change of sex recognised in all jurisdictions; some require divorce if married and sexual reassignment surgery |
| Military service | Lesbian/gay/bi personnel allowed to serve openly since 1992; trans personnel allowed to serve openly since 2010 |
| Discrimination protections | Federal protections for sexual orientation, gender identity and intersex status since 2013; LGBT protections in all state and territory laws |
| Family rights | |
| Recognition of relationships |
Unregistered de facto unions under federal law Civil unions/other domestic partnership schemes in 6 of 8 states and territories* *De facto recognition only (no registration scheme) in WA and NT |
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Restrictions:
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Same-sex marriage prohibited under federal law since 2004; see History of same-sex marriage in Australia |
| Adoption | Full LGBT adoption rights in 7 of 8 states and territories† †Banned in the NT only |
Lesbian, gay, bisexual, transgender (LGBT) rights in Australia have gradually progressed since the late 20th century to the point where LGBT people have most of the same rights and protections as other residents, with the notable exception of marriage. Although Australian LGBT policy is considerably advanced by the standards of Oceania, it lags behind Western world peers such as the United States, Ireland, United Kingdom, Canada and New Zealand given the notable lack of same-sex marriage.
Australia is a federation, with many laws affecting LGBT and intersex rights made by its states and territories. The states and territories progressively repealed their colonial era anti-homosexuality laws between 1975 and 1997. Each jurisdiction has had an equal age of consent for sexual acts since 2016. Several jurisdictions began granting domestic partnership benefits and civil unions to same-sex couples from 2003 onwards, with federal law recognising same-sex couples as de facto unions. Same-sex marriage legislation has been proposed to the Commonwealth Parliament multiple times, but has been rejected on all occasions. Marriage is defined by federal law as the union of a man and woman. The Australian Capital Territory's attempt to legalise same-sex marriage was struck down by the High Court of Australia on the grounds that only the federal parliament has the constitutional and legal authority to do so. Overseas same-sex marriages are recognised by Tasmania, Queensland, New South Wales, Victoria, Australian Capital Territory and South Australia, but not in the Northern Territory and Western Australia.
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