Same-sex partners in Aruba and Curaçao must be able to marry each other, the joint Court of Justice of Aruba, Curaçao, Sint Maarten and Bonaire, Sint Eustatius and Saba has ruled. This is currently not possible in the countries.
The court finds that same-sex partners are now denied the right to participate in marriage and all the values associated with it. “The court has come to the conclusion that excluding same-sex marriage is in violation of the prohibition of discrimination and incompatible with state regulations.”
The court’s decision follows two cases filed in Aruba and Curaçao, including by human rights organization Human Rights Caribbean on behalf of two women who want to get married.
The judge previously ruled in the latter case that there is no justification for refusing same-sex couples a civil marriage and instructed the legislator to take measures to eliminate the unlawful discrimination.
Discrimination prohibition
The Civil Code of Curaçao stipulates that a marriage can only be entered into between a man and a woman. According to the judge, this provision is contrary to the principle of equality and the prohibition of discrimination as stated in the Curaçao constitution.
In Aruba it has been possible since September last year to enter into a registered partnership with someone of the same sex. Last June, the Aruban political party Accion21 introduced a bill to introduce same-sex marriage on the island.
This ruling does not mean that same-sex couples can marry equally. An appeal and a possible ruling in cassation must first be awaited.
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