Same-sex marriage in Aruba, Curaçao and Sint Maarten

Same-sex marriages can not be performed in Aruba, Curaçao or Sint Maarten, which are "landen" (English: constituent countries) of the Kingdom of the Netherlands. Since many of the residents of the countries are Roman Catholic, the issue of same-sex marriage is one where opposition is large. The islands were however obliged after several court rulings to register any marriage (including same-sex marriages) registered in the Kingdom, but they don't have to give same-sex marriages the same legal effect as opposite-sex marriages. As marriage in the European territory of the Netherlands, as well as in the Caribbean Netherlands (Bonaire, Sint Eustatius and Saba) is open to two people of any gender, marriages performed there have to be registered in the islands.

Aruba, Curaçao and Sint Maarten have separate civil codes, in which marriage is defined as the union between a man and a woman. However, marriage certificates and other documents regarding civil status from everywhere in the Kingdom (also from the European and Caribbean parts of the Netherlands) must be accepted by the other countries as a result of Article 40 of the Charter for the Kingdom of the Netherlands, and therefore registration of a same-sex marriage from the Netherlands is possible in all countries. Acceptance and registration of the same-sex marriage does not mean automatic equal treatment: if a facility (e.g. social benefits) is only open to married couples, this applies in certain cases only to heterosexual couples (the couples as defined in the civil codes of the countries). When a facility however is also open to non-married couples, then same-sex couples must also be included based on non-discrimination rules.

As the civil codes do not mention same-sex marriage, several court cases have given information on the status of same-sex marriages in the three islands. As the jurisprudence of the Kingdom is dependent on each other, decisions in other countries have in the same situation the same validity. Before the dissolution of the Netherlands Antilles, Curaçao and Sint Maarten were part of the latter country and such their civil codes are based on the Civil Code of the Netherlands Antilles. An overview of relevant cases is discussed below:

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