WILLEMSTAD, THE HAGUE - The Human Rights Caribbean Foundation welcomes with joy the advice from the Attorney General to the Supreme Court. According to the Attorney General, the decision of the court to open civil marriage to same-sex couples on Curaçao and Aruba can be upheld. If the Supreme Court adopts this advice, it means that same-sex couples will be able to marry on the island in the near future, and their marriage will be equal to that of heterosexual couples.
"The advice, issued earlier than expected, is a wonderful Christmas gift," says Janice Tjon Sien Kie of the Human Rights Caribbean Foundation, the organization that filed this case for equal rights on behalf of the LGBTQI+ community in Curaçao. According to the human rights organization, the advice is an important step towards equality and inclusivity for all citizens of our beautiful island. "Opening marriage to same-sex couples is not only a recognition of love in all its forms but also promotes a society based on equal rights for everyone."
The Human Rights Caribbean Foundation feels strengthened by the acknowledgment from the Attorney General that excluding marriage based on sexual orientation is discriminatory. "Today's advice marks a historic moment for our community. It strengthens the foundation of equality on which our society rests and paves the way for an inclusive future, where everyone has the right to marry the person they love."
Twice, the judges in Willemstad agreed with this view. The Court also stated that new legislation is not necessary. According to the Court, the ban on 'same-sex marriage' is contrary to the constitutional order of both countries. Both Aruba and Curaçao have an anti-discrimination provision. By excluding same-sex couples, the government discriminates. Therefore, the civil code must be amended to be gender-neutral. The code will no longer assume a marriage between a man and a woman but between individuals.
The ruling of the Supreme Court is provisionally scheduled for May 31, 2024.