WILLEMSTAD - The High Court in The Hague has set a new date for the ruling on the legalization of same-sex marriage in Curaçao. The decision is now expected on June 12, no longer on May 31 as previously planned.
This case was brought forward by Human Rights Caribbean (HRC) and a lesbian couple, accusing the government of Curaçao of discrimination based on sexual orientation. HRC emphasizes that the Constitution of Curaçao, as well as Article 1 of the Dutch Constitution, prohibits discrimination. Therefore, the possibility of marriage should also be available to same-sex couples.
The issue has garnered much attention, especially on the International Day Against Homophobia and Transphobia (IDAHOT), celebrated annually on May 17, today. According to HRC, progress has been made globally in protecting the rights of LGBTQ+ individuals, but there is still a long way to go. Even in Curaçao, not all people have equal rights, and the fight for equality has been ongoing for over fifty years.
Since 2019, eleven countries have legalized marriage equality, and since 2017, thirteen countries have abolished laws criminalizing LGBTQ+ sexuality. However, in the Caribbean region, countries like Grenada, Guyana, Jamaica, Saint Lucia, and Saint Vincent and the Grenadines still criminalize consensual same-sex relationships, with penalties of up to ten years in prison.
Janice Tjon Sien Kie, chairperson of HRC, states that polarizing policies and harmful rhetoric by political leaders still persist, even in Curaçao. She points to the island's rich history of inequality, such as slavery and the absence of women's suffrage until 76 years ago. HRC emphasizes that hard-fought freedoms should not be taken for granted, especially now as political voices rise to limit civil marriage to heterosexual couples.
Local judges have previously determined in other cases that there is discrimination and no justification for not introducing same-sex marriage. The High Court will now rule on June 12 on the appeal filed by the government of Curaçao.