The government of Aruba is appealing in cassation against a ruling on opening up marriage to people of the same sex in Aruba and Curaçao. This is a judgment of the Common Court of Curaçao. The Aruban government believes that the judge “sat the government’s seat” with the verdict.
According to the current legislation of Aruba and Curaçao, a marriage can only be entered into between a man and a woman. But the court ruled on December 6 that excluding same-sex marriage is in violation of the prohibition of discrimination and state regulations.
The joint Court of Justice (Aruba, Curaçao, Sint Maarten and Bonaire, Sint Eustatius and Saba) ruled in two cases simultaneously, one that was brought from Curaçao and one from Aruba. Curaçao already announced on December 13 that it would appeal in cassation. The country does not see any legal obligation, nationally or internationally, to open marriage to people of the same sex.
In the Curaçao case, the court also ruled that human rights treaties are being violated because no registered partnership has been introduced. Aruba knows that shape.
A bill is currently being considered by the Aruban parliament to allow same-sex marriages. According to the government in Oranjestad, this is separate from the decision to appeal. The government wants clarity on the question whether the way in which the court expresses its “legal task” is correct.
