WILLEMSTAD - The proposed amendment to the Constitution of Curaçao, which aims to prohibit same-sex couples from marrying, not only restricts the rights of thousands of Curaçaoans but also undermines the principles of equality and legal certainty. This concern is expressed by LGBTQ+ organization FOKO and action group Igualdat Korsou.
The bill, presented by Member of Parliament Rennox Calmes on the eve of the Inter-Parliamentary Kingdom Consultation in The Hague, seeks to prevent civil marriage for same-sex couples in response to a court ruling on December 6, 2022.
Despite the government of Curaçao appealing against the court's verdict, Calmes is pushing for immediate action without waiting for the outcome of the appeal.
Misunderstanding the legal situation
FOKO and Igualdat Korsou argue that Calmes has a limited understanding of the legal situation. The court ruling on December 6 established that the existing marriage legislation in Curaçao is discriminatory according to the Constitution.
Amending the Constitution would create a contradiction with the constitutional provision against discrimination.
FOKO and Igualdat Korsou stress that such an amendment would perpetuate structural discrimination against a specific group of citizens. They believe that this action would not pass the legal scrutiny and would likely receive negative opinions from various advisory bodies.
If parliament proceeds to adopt the amendment despite these concerns, the organizations warn that it would relegate gay and bisexual residents of Curaçao to second-class citizens.
In response, the LGBTQ+ organizations are launching an awareness campaign to emphasize that Article 3 of the Constitution guarantees the rights of all residents of Curaçao, regardless of sexual orientation.