Human Rights Law at American Samoa (US)
Human rights law in American Samoa operates within a unique framework shaped by its status as an unincorporated U.S. territory. While the U.S. Constitution applies partially, the Insular Cases doctrine limits the full extension of constitutional rights to territories like American Samoa. (AMERICAN SAMOA GOVERNMENT - American Samoa Bar Association)
🇦🇸 Legal Framework in American Samoa
1. Constitutional Protections
The Revised Constitution of American Samoa includes several provisions that safeguard individual rights: (Revised Constitution of American Samoa - American Samoa Bar Association)
Habeas Corpus: The writ of habeas corpus shall be granted without delay and free of costs.
Slavery Prohibited: Neither slavery, nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in American Samoa.
Imprisonment for Debt: There shall be no imprisonment for debt except in cases of fraud.
Quartering of Soldiers: No soldier or member of the militia shall, in time of peace, be quartered in any house without the consent of the owner or the lawful occupant.
Retroactive Laws: No bill of attainder, ex post facto law nor any law impairing the obligation of contracts shall be passed.
Education: The Government shall operate a system of free and non-sectarian public education. (Revised Constitution of American Samoa - American Samoa Bar Association)
These provisions reflect a commitment to fundamental rights within the territory. (Same-sex marriage in American Samoa)
2. Federal Civil Rights Laws
While federal civil rights laws, such as Title VII of the Civil Rights Act of 1964, apply in American Samoa, their enforcement can be complex. For instance, in 2023, the U.S. Department of Justice secured a settlement with the American Samoa Government to resolve an employment discrimination case involving harassment of a transgender woman. This case highlighted the application of federal anti-discrimination laws in the territory. (Office of Public Affairs | Justice Department Secures Settlement with American Samoa Government to Resolve Employment Discrimination Case Involving Harassment of Transgender Woman | United States Department of Justice)
3. Citizenship and Nationality
Individuals born in American Samoa are classified as U.S. nationals, not citizens. This distinction means they do not have birthright citizenship under the 14th Amendment, limiting their participation in federal elections and access to certain federal benefits. This status has been upheld by various court rulings, including the 2015 decision by the U.S. Court of Appeals for the District of Columbia Circuit. (SCOTUS declines to take up case challenging racist rulings about U.S. territories, American Samoan citizenship and nationality, People from American Samoa don't have right to US citizenship, court rules | US news | The Guardian)
4. LGBTQ+ Rights
LGBTQ+ individuals in American Samoa face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity became legal in the territory in 1980, but same-sex couples may not marry. However, under the Respect for Marriage Act passed in 2022, all territories, including American Samoa, are required to recognize same-sex marriages performed legally in other jurisdictions. This law mandates that same-sex and opposite-sex couples be treated equally under U.S. federal law. (LGBTQ rights in American Samoa)
⚖️ Ongoing Legal Debates
The Insular Cases, a series of early 20th-century Supreme Court rulings, have been a point of contention. These cases established that full constitutional rights do not automatically extend to U.S. territories. In 2022, the U.S. Supreme Court declined to hear a case challenging these rulings, effectively upholding the current legal status of American Samoa. (SCOTUS declines to take up case challenging racist rulings about U.S. territories)
🔍 Summary
Human rights law in American Samoa is characterized by a blend of local constitutional protections and selective application of federal laws. While there are safeguards for individual rights, the territory's unique legal status continues to influence the full extent of rights and protections available to its residents.
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