Pride Protest in Curaçao: Legal Battle for Same-Sex Marriage

NOSProtest at this year’s Pride in Curaçao

NOS Nieuws•vandaag, 21:36

Dick Drayer

corresponding Curaçao

Dick Drayer

corresponding Curaçao

“Curaçao only allows me to marry a man, but I am in love with a woman.” Danika Marquez made this emotional statement today at the end of an oral cassation hearing at the Supreme Court in The Hague. Direct stakeholders were also allowed to give testimony.

The legal battle by human rights organizations on Aruba and Curaçao and by same-sex couples on both islands to be allowed to marry has entered its final phase. The Supreme Court will now assess whether the appeal judges in Willemstad ruled correctly at the end of last year.

Human rights organizations critical

The Netherlands opened civil marriage to partners of the same sex on April 1, 2001. Since October 10, 2012, this also applies to the islands of Bonaire, Saba and St. Eustatius, which together form the Caribbean Netherlands and fall directly under The Hague authority. The three other islands in the kingdom – Sint Maarten, Aruba and Curaçao – are autonomous and in principle have their own legislation and jurisdiction.

Curaçao and Aruba have a provision in the Civil Code that states that marriage can only be entered into between a man and a woman. According to human rights organizations, this is contrary to provisions in the state regulations, i.e. the constitution of the islands. The judges in Willemstad agreed twice. First at first instance and later also on appeal.

Moreover, the court in Willemstad stated that new legislation was not necessary: ​​the prohibition of discrimination in the constitution means that the registrar of Aruba and Curaçao must cooperate in the conclusion of a marriage by two people of the same sex by drawing up a deed. of marriage registration and of a marriage certificate.

NOSMelinda Angel (l) and Danika Marquez at the hearing

The resistance from politics and the church on both islands erupted again in full force after this verdict. With almost the same Biblical and cultural arguments as before. But the judges no longer allow religious beliefs to play a role. Freedom of religion in a democratic constitutional state does not go so far that one can impose one’s own religious norms and values ​​on another, according to the court.

Politicians and church leaders on the islands countered that the European Court of Human Rights had also said that same-sex marriage was not necessary and that it did not constitute discrimination. But in the same ruling, the European Court also ruled that if countries do not open marriage to same-sex partners, they are obliged to offer an alternative, such as a legally anchored registered partnership.

‘Court in the seat of the legislator’

Aruba started working on this and now has a partnership arrangement, although it does not give the same rights as marriage. During today’s hearing it became clear that Aruba has fewer objections than Curaçao when it comes to opening up marriage between people of the same sex. It’s the road to it where the pain is.

Both countries believe that on appeal the court has replaced the legislator by determining that a change in the law is not necessary to force a civil registrar to cooperate in the conclusion of a marriage by two persons of equal value. sex. It is this legal view that the Supreme Court must provide an answer to.

On January 19, the written advice of the Advocate General of the Supreme Court will be issued and it will become more or less clear what path the Supreme Court is taking in this case. The verdict will be announced at the end of February or early March.

2023-11-10 20:36:27


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