Same-sex marriage in Aruba, Curaçao and Sint Maarten

Same-sex marriage has been legal in Aruba and Curaçao since July 12, 2024. This happened after the Supreme Court of the Netherlands decided that not allowing same-sex marriage was unfair. Before this, couples who loved each other in the same way could not get married there, but now they can. This change came after a lower court, called the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba, also said the same thing.

Sint Maarten, the third country in the Kingdom of the Netherlands, does not allow same-sex marriages to be performed there. However, if a same-sex couple gets married in Aruba or Curaçao, Sint Maarten will still recognize that marriage as valid.

Besides marriage, Aruba also allows something called registered partnerships. Since September 2021, these partnerships give couples many of the same rights and benefits as marriage, even if they cannot marry. This helps protect the relationships and rights of couples who love each other.

Registered partnerships

Registered partnerships, which give couples many of the same rights as marriage, have been allowed for both different-sex and same-sex couples in Aruba since September 1, 2021. In 2016, Aruba’s Parliament approved a law to allow these partnerships, and it was signed by the Governor later that year. The law let couples make important health decisions for each other and receive benefits like pensions.

After Aruba approved registered partnerships, groups in Curaçao and Sint Maarten hoped their countries might pass similar laws. In Curaçao, there was talk about letting couples live together with some legal rights, but no big vote on same-sex marriage happened.

Same-sex marriage

Background and summary

Aruba, Curaçao and Sint Maarten have their own rules about marriage that are different from the Netherlands. Before July 2024, same-sex marriage was not allowed in Aruba and Curaçao, but marriages from the Netherlands were recognized there. In July 2024, a higher court decided that banning same-sex marriage was wrong, so it became legal right away in Aruba and Curaçao. Sint Maarten does not allow same-sex marriages, but it will recognize those done in other parts of the Kingdom of the Netherlands.

Legislative action

In Aruba, a group tried to change the law in 2022, but they could not agree. In Curaçao, people also tried to change the law several times, but faced challenges. Leaders in Sint Maarten talked about possibly allowing same-sex marriages in the future, but have not made it legal yet.

Court cases

Recognition of Dutch marriages

In 2002, a couple in Aruba wanted their marriage from the Netherlands to be recognized, but faced problems. A court later said their marriage should be recognized because Aruba is part of the Kingdom of the Netherlands. This meant that marriages from the Netherlands must be accepted everywhere in the Kingdom.

Discriminatory exclusion from marriage

In 2020, a court in Aruba said it was wrong to not allow same-sex couples to marry. In 2021, a court in Curaçao also said not allowing same-sex marriage was unfair. In December 2022, a big court decided that Aruba and Curaçao could not ban same-sex marriage anymore. Finally, in July 2024, the highest court agreed, making same-sex marriage legal in Aruba and Curaçao. The first marriages happened soon after.

Religious performance

The Catholic Church, the largest Christian denomination in Aruba, Curaçao, and Sint Maarten, does not support same-sex marriage and does not let its priests perform such marriages. In July 2019, the Church held a rally against same-sex marriage in Willemstad, where Bishop Luis Antonio Secco was present.

In December 2023, the Holy See shared a message called Fiducia supplicans, allowing Catholic priests to give special blessings to couples who are not married by Church rules. This included blessings for same-sex couples. Donald Chambers, a leader from the Antilles Episcopal Conference, explained that these blessings are ways to help people feel more trust in God.

Public opinion

People in Aruba, Curaçao, and Sint Maarten think differently about same-sex marriage compared to those in the Netherlands. In 2019, a survey showed that 92% of people in the Netherlands thought same-sex marriage should be allowed across Europe. In Aruba in 2021, only about half of the people supported same-sex marriage, with more young people and those with higher education showing support.