Court of Justice: “No justification for refusing same-sex marriage”

WILLEMSTAD - The civil code of Curaçao stipulates that a marriage can only be concluded between a man and a woman. By judgment of September 13, 2021, the court of first instance of Curaçao ruled that this provision is contrary to the principle of equality and the prohibition of discrimination laid down in Article 3 of the Constitution (the Curaçao Constitution).

According to the court, there is no justification for refusing same-sex couples a civil marriage, especially as long as there is no comparable legal system such as a registered partnership. In the verdict, the court considered the increased social acceptance of affective relationships between men and men and women and women, worldwide, in the region and in Curaçao. Reference has been made, among other things, to the opening up of marriage in countries such as Colombia, Brazil, Argentina and Mexico and in Bonaire and Florida.

 

The court considered that it is up to the legislator to take the measures desired to eliminate the unlawful discrimination.




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