In , Fiji became the second country in the world after South Africa to explicitly protect against discrimination based on sexual orientation in its Constitution. However, same-sex marriage remains banned in Fiji and reports of societal discrimination and bullying are not uncommon. Such individuals are known as the vaka sa lewa lewa vakasalewalewa. They are assigned male at birth but dress, act and behave as female, and have traditionally been accepted by Fijian society.
The men were tried and jailed under the nation's sodomy law, but the conviction was subsequently overturned in August by the nation's highest court as violating the Constitution.
In the same year, then- Prime Minister Laisenia Qarase defended his nation's criminal laws against homosexuality as being based on the Bible. In , the Fijian High Commissioner in New Zealand confirmed that there is now a policy not to arrest gay men for consensual gay sex. Since 1 February , private, adult, consensual and non-commercial male and female homosexual conduct has been legal under the Crimes Decree Fiji family laws do not provide legal recognition of same-sex marriage or civil unions.
Since , the law has expressly banned same-sex marriage. On 26 March , Prime Minister Frank Bainimarama expressed opposition to the idea of same-sex marriage. Answering a question raised by a caller on a radio talk-back programme, he stated that same-sex marriage "will not be allowed because it is against religious beliefs".
In , after speculations that some churches support the idea of same-sex marriage, the Prime Minister reiterated his opposition to same-sex marriage, saying, "As long as we are in government โ Fiji will not allow same-sex marriage", because Fiji is a "God-fearing country". He also called for "a calm and rational debate" about the issue. It called on authorities to get together and discuss progression towards the inclusion of the LGBT community in Fiji. Fijian-New Zealand based activist, Shaneel Lal has called for the Fijian government to allow same-sex marriage.
