THE HAGUE - In a letter addressed to the Dutch Parliament, Secretary of State for Kingdom Relations, Zsolt Szabó, confirmed the legalization of same-sex marriage in Aruba and Curaçao following a landmark ruling by the Supreme Court of the Kingdom of the Netherlands. The letter, submitted on behalf of the government, was a response to an earlier commitment made in April 2021 to explore the possibility of legalizing same-sex marriages in the Caribbean part of the Kingdom.
Szabó referred to a letter from his predecessor, dated June 26, 2023, which outlined the government’s approach after the initial commitment and anticipated the implications of the upcoming Supreme Court ruling. Following the court's decision, Szabó fulfilled the government's obligation to inform Parliament of the outcome.
On July 12, 2023, the Supreme Court upheld the rulings of the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and the special municipalities of Bonaire, Sint Eustatius, and Saba. The Court had determined that Aruba and Curaçao violated their constitutions' prohibition of discrimination by excluding same-sex couples from the institution of marriage. The Supreme Court agreed with this judgment, affirming that the exclusion of same-sex couples from marriage was unconstitutional.
The ruling paves the way for same-sex couples to marry legally in Aruba and Curaçao starting from July 12, 2024. On July 27, 2024, Curaçao witnessed its first same-sex marriage, marking a historic moment for LGBTQ+ rights in the region.
While Sint Maarten was not directly involved in the legal cases, Szabó noted that the ruling is also relevant to the island, as it shares a similar constitutional framework with Aruba and Curaçao. As a result, the court's decision is expected to influence developments in Sint Maarten as well.
Given the Supreme Court's clear ruling and the successful implementation of same-sex marriages in practice, Szabó concluded that further discussions with the Caribbean countries on this issue are no longer necessary. He declared the government’s commitment fulfilled, signaling the end of official deliberations on same-sex marriage in the Caribbean part of the Kingdom.