LGBT rights in the Cook Islands

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Cook Islands may face legal challenges not experienced by non-LGBT residents. Homosexuality is illegal for males in the Cook Islands, though female homosexual acts are legal.^[1] Same-sex marriage is outlawed.

Crimes Act 1969

Male homosexuality is illegal in the Cook Islands. Consensual male sodomy is punishable by up to seven years' imprisonment,^[2] while indecency between males is punishable by up to five years' imprisonment.^[3]

154. Indecency between males - (1) Every one is liable to imprisonment for a term not exceeding five years who, bring a male,- (a) Indecently assaults any other male; or (b) Does any indecent act with or upon any other male; or (c) Induces or permits any other male to do any indecent act with or upon him. (2) No boy under the age of fifteen years shall be charged with committing or being a party to an offence against paragraph (b) or paragraph (c) of subsection (1) of this section, unless the other male was under the age of twenty-one years. (3) It is not defence to a charge under this section that the other party consented.

155. Sodomy - (1) Every one who commits sodomy is liable- (a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding fourteen years; (b) Where the act of sodomy is committed on a male, and at the time of the act that male is under the age of fifteen years and the offender is of over the age of twenty-one years, to imprisonment for a term not exceeding fourteen years; (c) In any other case, to imprisonment for a term not exceeding seven years. (2) This offence is complete upon penetration. (3) Where sodomy is committed on any person under the age of fifteen years he shall not be charged with being a party to that offence, but he may be charged with being a party to an offence against section 154 of this Act in say case to which that section is applicable. (4) It is no defence to a charge under this section that the other party consented.

159. Keeping Place of resort for homosexual acts -Every one is liable to imprisonment for a term not exceeding ten years who- (a) Keeps or manages, or acts or assists in the management of, say premises used as a place of resort for the commission of indecent acts between males; or (b) Being the tenant, lessee, or occupier of any promises, knowingly permits the premises or any part thereof to be used as a place of resort for the commission of indecent acts between males; or (c) Being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the premises or any part thereof with the knowledge that the premises are to be used as a place of resort for the commission of indecent acts between males, or that dome part thereof is to be so used, or is wilfully a party to the continued use of the premises or any part thereof as a place of resort for the commission of such acts as aforesaid.

Recognition of same-sex relationships

Same-sex marriage was outlawed by the Marriage Amendment Act 2000.^[4] The law was clarified in 2007 to state that "no person shall be permitted to marry another person who is of the same gender as him or herself,"^[5] and to legislatively define the gender of transsexuals. On 28 April 2013, Prime Minister Henry Puna expressed opposition to the legalisation of same-sex marriage.^[6][7]

Civil unions are not recognized as well (even though both civil marriage and civil unions by same-sex couples are recognized and performed in New Zealand).^[8][9]

Discrimination protections

Currently, there are no laws against discriminating against a person based on their sexual orientation or gender identity.

Living Conditions

The Cook Islands Christian Church is the largest religion on the islands, with more than half of the population claiming an affiliation to it. The Congregationalist church believes that homosexuality and cross-dressing are signs of immorality and this impacts both public attitudes as well as government's policy. The Cook Islands LGBT community feels the need to be discreet and travel advisories also urge visitors to be discreet and not to engage in public displays of affection.^[10]

Summary table

Same-sex sexual activity legal	For male (Penalty: Up to 14 years imprisonment; not enforced) / For female
Equal age of consent	For male / For female
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military	New Zealand's responsibility
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

• Politics of the Cook Islands
• LGBT rights in New Zealand
• LGBT rights in Oceania

References