Lesbian, gay, bisexual, and transgender (LGBT) people in Tokelau face legal challenges not experienced by non-LGBTQ residents.

[1] Tokelau, similarly to Samoa, the Cook Islands, New Zealand, Niue and other Polynesian states, possesses a traditional and cultural third gender population.

[2][3][4] Same-sex sexual activity has been legal in Tokelau since 2003 by the Crimes, Procedure and Evidence Rules 2003.

Tokelau law does not explicitly prohibit same-sex marriage, but generally assumes the parties to be male and female.

The Constitution of Tokelau states the following:[7] Much like the rest of Polynesia, open displays of affection between partners regardless of sexual orientation may offend.