Same-sex marriage in Aruba, Curaçao and Sint Maarten

Marriage in the Netherlands proper, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba,[6] is also open to same-sex couples.

In November 2015, Prime Minister Mike Eman promised to support bills legalizing registered partnerships for same-sex couples.

[8] On 8 September 2016, the Parliament of Aruba voted in favor of an amendment to the Aruban Civil Code legalizing registered partnerships for both same-sex and opposite-sex couples.

[13][8][12] Following the passage of the registered partnership bill in Aruba, LGBT organizations in both Curaçao and Sint Maarten said they were hopeful such laws would also be approved in their respective countries.

[15] After an amendment giving cohabiting couples, including same-sex couples, some limited legal rights was proposed in the Parliament of Curaçao in 2017, former Prime Minister Gerrit Schotte suggested that a referendum on the legalisation of same-sex marriage be held on the island,[16][17] though no referendum was held.

Citing one of the partners' inability to receive health care benefits from the job of the other, as entitled to a spouse in a heterosexual marriage, they accused the Aruban Government of discrimination.

Aruban Prime Minister Nelson O. Oduber reacted to the decision by declaring, "We give neither legal nor moral recognition to same-sex marriages."

[23] In July 2008, the Netherlands Antilles Court of First Instance in Curaçao ruled against the Antillean Office for Healthcare Facilities (BZV; Stichting Bureau Ziektekostenvoorzieningen) for discriminating against a married lesbian couple.

The court ruled that the office had acted illegally when it refused to register the couple in its health insurance scheme.

[30] The Fundacion Orguyo Aruba appealed parts of the court decision on 6 July 2020, arguing that same-sex couples should be allowed to marry instead of having access to an alternative partnership institution.

[2] "There is no justification to deny same-sex couples the right to get married, certainly as long as there is no comparable legal system such as a registered partnership", the court said.

[33][34][35] State Secretary Alexandra van Huffelen said the ruling should also apply to Sint Maarten "as all three [islands] have the same legal framework".

[37][38] Senator Miguel Mansur welcomed the court ruling, describing it as "an amazing victory which applies to Aruba, Curaçao, and by implication St. Maarten.

State Secretary for Kingdom Relations and Digitalisation Zsolt Szabó, on behalf of the Dutch Government, also welcomed the court ruling, saying, "This is very good news for the community.

[44] In September 2018, three LGBT rights organizations presented a bill to legalize same-sex marriage in Curaçao to the Vice President of Parliament, Giselle McWilliam.

"[48] Prime Minister Eugene Rhuggenaath also welcomed the measure, saying that it "is now time to debate the issue", and that "exclusion and discrimination against the LGBT community affects human rights.

"[49] On 4 June 2019, the bill was submitted to Parliament by members of the Partido MAN and the Real Alternative Party,[50][51][52] but it was withdrawn the following year due to lack of support.

A 2019 Eurobarometer poll showed that 92% of people in the Netherlands proper thought same-sex marriage should be allowed throughout Europe, while 8% were opposed.

Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
Same-sex marriage
Unregistered cohabitation
Island subject to IACHR ruling
No recognition of same-sex couples
Constitutional ban on same-sex marriage
Same-sex sexual activity illegal but penalties not enforced

Marriage
Limited recognition