WILLEMSTAD – On November 10th, the Supreme Court will consider the appeal of the governments of Curaçao and Aruba against the judgment that obliges them to open marriage to same-sex couples. The hearing will be broadcast via a livestream. 

The case revolves around whether Curaçao and Aruba are obliged to allow same-sex couples to marry, ensuring equal rights. The Common Court's verdict determined that this is indeed the case. 

The legal cases concerning the opening of marriage to same-sex couples were originally initiated by the Human Rights Caribbean Foundation and Fundacion Orguyo Aruba. 

State Constitution 

The Court reached its conclusion through a two-step process. Although not allowing marriage between two men or two women did not constitute discrimination under the European Convention on Human Rights (ECHR), the island's state constitutions include a prohibition on discrimination, which the Caribbean court can also apply. 

Unlike the ECHR, the State Constitution does not contain a provision protecting marriage between one man and one woman. According to the Court, this allows the freedom to assess the non-recognition of same-sex marriage against the prohibition of discrimination without being hindered by the ECHR. 

Furthermore, in a democratic rule of law, there is freedom of religion. According to the Court, this freedom does not extend to imposing one's own religious norms and values on others. 

Insufficient Consideration 

The governments of Curaçao and Aruba have appealed against this ruling. They argue that the Common Court exceeded its authority and did not take sufficient account of constitutional relationships. 

The oral arguments in the case will take place on November 10th, during which the lawyers for both countries will present their pleas. The livestream of the hearing can be followed on the Supreme Court's website, starting at 08:30 AM Caribbean time.