WILLEMSTAD - The proposal to legalize same-sex marriage in Curaçao has reached a critical juncture, as the political party Trabou pa Korsou (TPK) pushes forward despite significant challenges. TPK leader Rennox Calmes emphasized that his party has achieved a historic milestone in Curaçao’s parliament by advancing the legislation.
Progress and Obstacles
The draft law, intended to close legal gaps and establish marriage equality, has faced resistance from some parliamentarians. Critics argue that the initiative contradicts religious values, though many avoid making their objections public. Opponents have attempted to block the legislation using Article 44 of the Kingdom Charter, which governs relations between Curaçao and the Kingdom of the Netherlands.
Following consultations with legal experts, parliament concluded that the law should proceed through the Central Committee before being referred to the Kingdom Government. This resolution counters previous assertions that TPK needed to consult the Kingdom Government prior to initiating the legislative process. A parliamentary report also confirmed that individual MPs are not authorized to directly engage the Kingdom Government in such matters.
Uncharted Territory
Experts noted that there are few precedents or literature on similar cases. A comparable case in St. Maarten, which did not address fundamental constitutional principles, was the only example identified. This underscores the unique nature of Curaçao’s legislative proposal.
Parliament’s President now holds the responsibility to reconvene discussions, allowing the bill to progress. The public is encouraged to monitor which MPs may attempt to obstruct the democratic advancement of the legislation.
Dutch Government Stance
The Dutch government, along with the governments of Aruba and Curaçao, has expressed positions on same-sex marriage in writing and in court cases. Notably, Dutch State Secretary Alexandra van Huffelen has stated that marriage equality is a matter for each constituent country and does not constitute a human right under international law.
Call for Transparency
As parliament prepares to vote on the legislation in the upcoming session, TPK urges all political parties to clarify their positions. With 14 votes needed to pass the law, transparency is vital. TPK stresses that voters deserve to know which representatives support or oppose same-sex marriage, especially ahead of the upcoming elections.
"Transparency is part of integrity," Calmes said, challenging all political parties to clearly state their stance on marriage equality.
TPK’s Firm Position
TPK’s party list unanimously opposes same-sex marriage, calling on other parties to declare their positions and stand by Curaçao’s culture, traditions, and principles. This ensures that voters can make informed decisions, free from ambiguity or hidden agendas.
The path forward for same-sex marriage in Curaçao remains uncertain, but TPK’s leadership has undeniably brought the issue to the forefront of public and political debate.