Landmark rulings by the Joint Court of Justice that same-sex weddings should be allowed in Aruba and Curaçao (see related story) obviously have an impact on St. Maarten too, as part of the same Dutch Caribbean jurisdiction. The court found that gay couples must not be denied the opportunity to participate in marriage and all associated values.
The fact that both young countries’ constitutions don’t specifically limit marriage to between males and females played a key role, because the latter is still allowed in the European Convention. Member states may consequently make such stipulations without that being considered a Human Rights Treaty violation by the European Court, which did urge balancing this reality with the equality principle.
These most recent legal decisions came in separate proceedings filed on the islands by respectively “Fundacion Orguyo Aruba” and Human Rights Caribbean Foundation, each on behalf of two women who want to tie the knot. A judge previously ruled in the Curaçao case that there was no justification for refusing same-sex couples a civil marriage and called on the legislature to take steps to eliminate this unlawful restriction.
In Aruba it has been possible since September last year to establish a registered partnership with someone of the same sex. Last June, the island’s political party Accion21 submitted a bill to introduce gay marriage.
The rulings don’t mean same-sex couples can already marry locally. A possible cassation appeal with the High Court in The Hague must first be awaited.
Chances of a different outcome seem rather small, however, considering that such marriages have been common practice in the Netherlands for many years. Once this verdict is final, the three autonomous countries involved will be left with little choice but to adjust regulations to accommodate it.
The future implications are thus far-reaching, but do not include gay couples adopting children, at least for now. It does mean they would – otherwise – have the exact same rights as opposite-sex couples.
Some will no doubt be unhappy, but this is an unstoppable trend worldwide except in some nations, often with extremist religion-based and/or feudal regimes. “The times, they are a-changing,” sang Bob Dylan more than half a century ago, and, boy, was he right.
