THE HAGUE – As anticipated, the Supreme Court has confirmed the ruling of the Common Court of Justice from December 6, 2022, remains valid. This means previous parliamentary decisions are declared invalid. Moreover, the verdict highlights that several parliamentarians voted against the Constitution, with the exception of one parliamentarian who refused to vote for political reasons.

Supreme Court Decision

The Supreme Court decided that the ruling of the Common Court of Justice remains in effect, opening marriage for same-sex couples in Aruba and Curaçao.

The Case

Advocacy groups and two same-sex individuals who wished to marry initiated the procedure because current laws only permit marriage between a man and a woman. They argued this violates the Prohibition of Discrimination in International Treaties and the regulations of the States of Aruba and Curaçao.

Court of First Instance Rulings

In Aruba, the court declared that not offering an alternative, such as a registered partnership, violates the European Convention on Human Rights (ECHR). In Curaçao, the court decided that excluding same-sex couples from marriage, without an alternative, contradicts state regulations.

Common Court of Justice Ruling

On appeal, the court upheld in both cases that the exclusion of same-sex marriage violates the Prohibition of Discrimination. The court determined that a registered partnership is not a complete alternative and that many objections to same-sex marriage are of a religious nature, which is not a reason to impose this standard on others.

Appeal to the Supreme Court

Aruba and Curaçao acknowledged the exclusion violates the Prohibition of Discrimination but concluded that the Legislature is responsible for eliminating this discrimination, not the courts. In their appeal, they opposed the court’s decision that judges could open marriage to same-sex couples.

Attorney General’s Recommendation

Attorney General Snijders advised the Supreme Court on December 22, 2023, to confirm the court’s ruling.

Supreme Court Ruling

The Supreme Court decided that the court’s rulings remain valid. The Supreme Court stated that the judge must consider two interests: the importance of effective legal protection and the importance of moderation in intervention in legal arrangements. In this case, discrimination based on sexual orientation hinders those involved in organizing their personal lives.

There is a primary interest in the prompt elimination of this discrimination. However, the judge must be reluctant to intervene in national ordinances, as it concerns the primacy of the Legislature.

The Supreme Court determined that in this case, the Court itself could open marriage to same-sex couples. The legal deficit had existed for some time, the intervention was not technically complex, and the way marriage needed to be opened did not depend on political options.

The court’s rulings are final, and marriage is now open to same-sex couples in both Aruba and Curaçao.

Reactions from Mr. Miguel Mansur to AWEMainta on the Supreme Court Decision:

“A Historical Precedent for a Future Where Discrimination Is Simply Not Accepted”

In conversation with Mr. Miguel Mansur following the Supreme Court ruling in The Hague, Mr. Mansur gave the following statement to AWEMainta. Mr. Mansur began by congratulating the Pride Foundation on their significant victory in the Supreme Court, and also the people of Aruba, as from now on, same-sex couples can marry in their own country and enjoy the same rights of pensions, inheritance, etc.

“Today, we took an important step forward towards a society with less discrimination, more acceptance, and more tolerance, making it a historic day, a historic victory. The Supreme Court has reaffirmed our Constitutional Order, our Rule of Law, following the advice of the Attorney General, which states that if politicians do not act prudently, the court will do so.”

Mr. Mansur emphasized the importance for the LGBT+ community in the Dutch Kingdom: “It is also an important historic day because all members of the LGBT+ community throughout the Kingdom now have the same rights. In the Netherlands, the BES islands, and now in Aruba, Curaçao, and Sint Maarten, marriage equality is law. Throughout the Kingdom, same-sex couples can marry. This is crucial for our youth and our future. I am incredibly happy and grateful to the Pride Foundation for all their efforts, and the celebrations have already begun here in The Hague and will surely continue on the islands as well. A hug and happy weekend to everyone.” Mr. Mansur concluded.