Recognition of same-sex unions in the Cook Islands

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^ Romania provides hospital visitation rights through a "legal representative" status.
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The Cook Islands does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples. Even though same-sex marriage has been legal in New Zealand since August 2013, the Parliament of the Cook Islands has legislative competence to make changes to the law on marriage.

Background

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Like most of Polynesia, the Cook Islands have traditionally recognised a third gender structure known in Cook Islands Māori as akavaʻine (pronounced [akavaˈʔine]; Pukapukan: wakawawine).[1] The term refers to people who identify as female but are biologically men. Akavaʻine engage in women's work, such as cooking, cleaning and sewing, tend to socialise with women and tend to wear female clothing, but have little desire to have sex with other akavaʻine. They typically have sex with heterosexual men, who do not consider themselves, nor are they considered by others, to be "homosexual". Nowadays, there exists a relative tolerance and acceptance of akavaʻine in terms of their public behaviour, but a near complete avoidance of akavaʻine sexuality as a topic of discussion.[2] In neighbouring Samoa and American Samoa, such individuals are known as faʻafafine and are considered an integral part of Samoan society. Historically, if they wished to marry and have children, they would marry women, thus creating the possibility for marriages between two female-presenting individuals to be performed in Samoan culture.[3]

[edit]
Recognition of same-sex relationships in Oceania
  Marriage
  Marriages performed elsewhere are recognized (American Samoa)
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples (Palau, Tuvalu)
  Same-sex sexual activity illegal, but ban not enforced
  Same-sex sexual activity illegal
(Country names will appear with mouse-overs when map is viewed at full size. Encircling lines are the exclusive economic zones of each state.)

The Marriage Act 1973 (Cook Islands Māori: Te Ture nō te ‘Akaipoipo‘anga 1973; Pukapukan: Tule o Akaaonga 1973) outlaws same-sex marriage.[4] An explicit prohibition on marriages between persons of the same sex was enacted by the Marriage Amendment Act 2000,[5] and later the Marriage Amendment Act 2007. The 2007 law clarified that "no person shall be permitted to marry another person who is of the same gender as him or herself."[6] The Constitution of the Cook Islands does not address marriage or expressly forbid same-sex marriages.[7] Civil unions, which would offer a subset of the rights and benefits of marriage, are likewise not recognised in the Cook Islands. As a result, same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including protection from domestic violence, adoption rights, tax benefits and inheritance rights, among others.

Even though same-sex marriage has been legal in New Zealand since August 2013, the Parliament of the Cook Islands has legislative competence to make changes to the law on marriage. On 28 April 2013, shortly following passage of same-sex marriage legislation in the New Zealand House of Representatives, Prime Minister Henry Puna expressed his personal opposition to the legalisation of same-sex marriage. Puna argued that the "Cook Islands' 'Christian values' and 'tradition' prevent[ed] it from adopting marriage equality".[8][9]

Religious performance

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In 2014, the synod of the Anglican Church in Aotearoa, New Zealand and Polynesia passed a resolution creating a pathway towards the blessing of same-sex relationships.[10] In the meantime, "clergy should be permitted 'to recognise in public worship' a same-gender civil union or state marriage of members of their faith community."[11] Some dioceses in New Zealand offer a "relationship blessing", notably the dioceses of Auckland,[12] Dunedin,[13] and Waiapu.[14] In May 2018, the Anglican Church voted to allow its ministers to bless same-sex civil marriages and unions. Ministers may offer their blessing to civil marriages but are not permitted to perform same-sex wedding ceremonies in the church.[15] The move does not apply to the Diocese of Polynesia. In a separate motion, the synod said that it was "deeply mindful of the deep interweaving of cultural and religious values at the core of our Pacific societies that place a profound respect, and reverence for the belief in God and the belief in the traditional understanding of marriage."[16]

See also

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References

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  1. ^ James, Kerry E. (1994). "Effeminate Males and Changes in the Construction of Gender in Tonga". Pacific Studies. 17 (2).
  2. ^ Donnan, Hastings; Magowan, Fiona (2012). Transgressive Sex: Subversion and Control in Erotic Encounters. Berghahn Books. ISBN 978-0857456373.
  3. ^ Farran, Sue (June 2004). "Transsexuals, Faʻafafine, Fakaleiti and Marriage Law: in the Pacific: Considerations for the Future". The Journal of the Polynesian Society. 113.
  4. ^ "Marriage Act 1973". Pacific Islands Legal Information Institute. Archived from the original on 1 February 2020. Retrieved 25 May 2020.
  5. ^ "Marriage Amendment Act 2000". www3.paclii.org. Archived from the original on 12 February 2018. Retrieved 14 July 2009.
  6. ^ "Marriage Amendment Act 2007". www3.paclii.org. Archived from the original on 3 June 2022. Retrieved 14 July 2009.
  7. ^ "Constitution of the Cook Islands" (PDF). Pacific Islands Legal Information Institute. Retrieved 13 April 2025.
  8. ^ "Cook Islands PM rules out marriage equality". Radio New Zealand. 29 April 2013. Archived from the original on 16 April 2023. Retrieved 7 December 2019.
  9. ^ Leach, Anna (29 April 2013). "No gay marriage in the Cook Islands, says prime minister". Gay Star News. Archived from the original on 18 August 2017. Retrieved 29 April 2013.
  10. ^ Sarmiento, Simon (May 14, 2014). "New Zealand synod acts on same-gender blessings". Thinking Anglicans. Retrieved April 18, 2021.
  11. ^ Quiqcorp. "Anglican Taonga : New Zealand's Anglican News Leader". anglicantaonga.org.nz. Retrieved 2017-06-02.
  12. ^ "Saint Columba Church – Services". www.saintcolumbas.org.nz. Archived from the original on 2017-04-06. Retrieved 2017-06-02.
  13. ^ "Liturgical Resources | CalledSouth". calledsouth.org.nz. Retrieved 2017-06-02.
  14. ^ "Gay Marriage Coming to the Bay". BayBuzz. 2013-07-08. Archived from the original on 2017-04-09. Retrieved 2017-06-02.
  15. ^ "Anglican Church will bless same-sex relationships". Newshub. 9 May 2018. Archived from the original on 10 April 2021. Retrieved 12 March 2022.
  16. ^ "Anglican Church in New Zealand opens the door to blessing same-sex relationships". Anglican Communion News Service. 9 May 2018.