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Public Opinion

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History

Homosexual activity in Cocos

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Homosexual activity in Cocos is legal.

Current status
Since Mar 1990
Legal
Under Western Australian law, which oversees Cocos, homosexuality was decriminalised by the Western Australian parliament with the "Law Reform (Decriminalisation of Sodomy) Act 1989" which came into effect in March of 1990
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Same-sex marriage in Cocos

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Same-sex marriage in Cocos is legal.

Current status
Since Dec 9, 2017
Legal
Under federal Australian law (to which the Keeling Islands are subject), same-sex marriage has been legal since 2017.
Until Dec 8, 2017
Unrecognized
The laws of Western Australia apply to the Keeling Islands and before federal legalisation Western Australia (and hence the Keeling Islands) did not recognise same-sex marriage.

Censorship of LGBT issues in Cocos

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Censorship of LGBT issues in Cocos is no censorship.

Current status
No censorship
In Cocos (Keeling) Islands, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Cocos

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Right to change legal gender in Cocos is legal, but requires medical diagnosis.

Current status
Since 2011
Legal, but requires medical diagnosis
Cocos is under the jurisdiction of Western Australia whose Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).

However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.
Legal, but requires surgery
Cocos is under the jurisdiction of Western Australia whose Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).

However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.

Gender-affirming care in Cocos

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Gender-affirming care in Cocos is n/a.

Current status
N/A
The island's limited health infrastructure does not have the resources to offer gender-affirming care.
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Legal recognition of non-binary gender in Cocos

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Legal recognition of non-binary gender in Cocos is not legally recognized.

Current status
Not legally recognized
Non-binary genders are not recognised by local governments or under Western Australia law. However, there was discussion of it in 2018.

LGBT discrimination in Cocos

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LGBT discrimination in Cocos is unknown.

Current status
Unknown

LGBT employment discrimination in Cocos

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LGBT employment discrimination in Cocos is unknown.

Current status
Unknown

LGBT housing discrimination in Cocos

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LGBT housing discrimination in Cocos is unknown.

Current status
Unknown

Same-sex adoption in Cocos

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Same-sex adoption in Cocos is unknown.

Current status
Unknown

Intersex infant surgery in Cocos

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Intersex infant surgery in Cocos is not banned.

Current status
Not banned
Cocos operates under Western Australian law and the only state or territory to ban intersex infant surgery is the ACT.
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Serving openly in military in Cocos

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Serving openly in military in Cocos is n/a.

Current status
N/A
The Cocos (Keeling) Islands are external territories of and therefore protected by Australia.
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Blood donations by MSMs in Cocos

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Blood donations by MSMs in Cocos is banned (6-month deferral).

Current status
Since 2021
Banned (6-month deferral)
Under Australian laws, men who have sex with men cannot donate blood within the 6 month deferral.

Conversion therapy in Cocos

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Conversion therapy in Cocos is not banned.

Current status
Not banned
Cocos follows Western Australian law, under which conversion therapy is not banned. The government previously promised to ban it but a ban has yet been put in place.

Equal age of consent in Cocos

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Equal age of consent in Cocos is equal.

Current status
Equal
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