LGBT rights in Aruba

Last updated

LGBTQ rights in Aruba
LocationAruba.png
Status Legal
Military Yes
Discrimination protections Discrimination based on "heterosexual or homosexual orientation" prohibited
Family rights
Recognition of relationships Same-sex marriage since 2024
Adoption No

The rights of lesbian, gay, bisexual, and transgender (LGBT) people in Aruba, a constituent country of the Kingdom of the Netherlands, have evolved remarkably in the past decades. Both male and female same-sex sexual activity are legal in Aruba.

Contents

On 12 July 2024 the Supreme Court of the Netherlands ruled that same sex marriage is legal in Aruba, upholding the Appeals Court decision barring discrimination based on sexual orientation. [1]

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Aruba. The age of consent is 16 and is equal for both heterosexual and homosexual intercourse. [2]

Recognition of same-sex relationships

Same-sex marriage has been legal in Aruba since a 12 July 2024 ruling of the Supreme Court of the Netherlands. [1]

Prior to that, as part of the Kingdom of the Netherlands, Aruba recognized same-sex marriages registered in the Netherlands as well as in Bonaire, Sint Eustatius and Saba (also known as the Caribbean Netherlands) as valid. The Aruban Government initially did not recognize these marriages but was challenged by a lesbian couple who had legally married in the Netherlands and then moved to the island. The case went to the Dutch Supreme Court, which ruled on 13 April 2007 that the Kingdom's constituent countries must recognize all of each other's marriages. [3] [4]

In April 2015, representatives of all four constituent countries agreed that same-sex couples should have equal rights throughout the Kingdom. [5] The same month a registered partnership bill was submitted to the Estates of Aruba. [6]

On 22 August 2016, Desirée de Sousa-Croes, an openly gay MP, who married her same-sex partner in the Netherlands, introduced a bill to legalize registered partnerships. However, a vote on the bill was postponed to 8 September 2016 because some MPs still needed time to make up their minds. [7] On 8 September 2016, the Aruban Parliament voted 11–5 to legalize registered partnerships. [8] Registered partnerships are open to both opposite-sex and same-sex couples.

Discrimination protections

The Aruba Criminal Code (Dutch : Wetboek van Strafrecht; Papiamento : Kódigo Penal), enacted in 2012, prohibits unfair discrimination and incitement to hatred and violence on various grounds, including "heterosexual or homosexual orientation". [9] Article 1:221 describes discrimination as "any form of discrimination, exclusion, restriction or preference, which has the purpose or effect of impacting or affecting recognition, enjoyment or the exercise of human rights and fundamental liberties in political, economic, social or cultural fields or in other areas of social life." Articles 2:61 and 2:62 provide for penalties ranging from fines to one year imprisonment.

Living conditions

Aruba is frequently referred to as one of the Caribbean's most LGBT-friendly islands, [10] with various venues, hotels and restaurants catering to LGBT clientele or otherwise advertising as "LGBT-friendly". Several specific gay bars and clubs have opened in the capital city of Oranjestad. According to local LGBT group Alternative Lifestyle Federation Aruba, "Aruba has always been accepting, as long as it's not in their face. People are out, but discreetly out. There has never been anything official." [11] There are numerous LGBT associations in Aruba, including Equality Aruba (Igualdad Aruba), Equal Rights Aruba and Alternative Lifestyle Federation Aruba.

Despite this, some same-sex couples living in Aruba have claimed that this openness is a more recent phenomenon. Charlene and Esther Oduber-Lamer, whose court challenge forced Aruba and the other Dutch islands in the Caribbean to recognize same-sex marriage, reported frequent harassment and having rocks thrown at them. The Aruban Government was particularly vocal in its opposition to same-sex marriage during the court challenge, which occurred between 2004 and 2007. The Roman Catholic Church, being the largest denomination on the island, has also contributed to more mainstream societal opposition to LGBT rights and same-sex marriage, especially compared to the Netherlands. Nevertheless, in 2016, the Aruban Parliament voted to legalize same-sex and different-sex registered partnerships with many of the same rights as marriage, the first time a Caribbean parliament had done so. [12]

Summary table

Same-sex sexual activity legal Yes check.svg
Equal age of consent Yes check.svg
Anti-discrimination laws in employment Yes check.svg (Since 2012)
Anti-discrimination laws in the provision of goods and services Yes check.svg (Since 2012)
Anti-discrimination laws in all other areas Yes check.svg (Since 2012)
Same-sex marriage Yes check.svg (Since 2024) [13]
Same-sex civil unions Yes check.svg (Since 2021)
Stepchild adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
LGBT people allowed to serve in the military Yes check.svg
Right to change legal gender X mark.svg
Access to IVF for lesbians Emblem-question.svg
Commercial surrogacy for gay male couples X mark.svg (Banned for opposite-sex couples as well)[ citation needed ]
MSMs allowed to donate blood Emblem-question.svg

See also

Notes

    Related Research Articles

    Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2024, marriage between same-sex couples is legally performed and recognized in 36 countries, with a total population of 1.5 billion people. The most recent jurisdictions to legalize same-sex marriage are Greece and Aruba and Curaçao in the Netherlands. Two more countries, Liechtenstein and Thailand, are set to begin performing same-sex marriages in early 2025.

    Same-sex marriage has been legal in the Netherlands since 1 April 2001. A bill for the legalisation of same-sex marriage was passed in the House of Representatives by 109 votes to 33 on 12 September 2000 and by the Senate by 49 votes to 26 on 19 December 2000. The law received royal assent by Queen Beatrix of the Netherlands on 21 December 2000 and took effect on 1 April 2001. The Netherlands was the first country in the world to legalize same-sex marriage. Polling suggests that a significant majority of Dutch people support the legal recognition of same-sex marriage.

    This is a list of notable events in the history of LGBT rights that took place in the year 2002.

    <span class="mw-page-title-main">LGBT rights by country or territory</span>

    Rights affecting lesbian, gay, bisexual, and transgender (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.

    Same-sex marriage is legal in Aruba and Curaçao, which are constituent countries of the Kingdom of the Netherlands. The islands are obliged to conduct same-sex marriages following a ruling from the Supreme Court of the Netherlands on 12 July 2024. In September 2021, a lower court in Curaçao ruled that preventing same-sex couples from marrying violates the equality provisions of the Constitution of Curaçao, but left the decision of whether to legalise same-sex marriage up to the Parliament of Curaçao. In December 2022, the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba ruled on appeal that Aruba's and Curaçao's same-sex marriage bans were unconstitutional. The court order was set to go into effect on 7 March 2023 if not appealed to the Supreme Court; however, the governments of both Curaçao and Aruba subsequently appealed. On 12 July 2024, the Supreme Court upheld the lower court ruling, effectively legalizing same-sex marriage in Aruba and Curaçao with immediate effect.

    <span class="mw-page-title-main">LGBT rights in Suriname</span>

    Lesbian, gay, bisexual, and transgender (LGBT) people in Suriname may face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are legal in Suriname. Since 2015, hate speech and discrimination in employment and the provision of goods and services on the basis of sexual orientation has been banned in the country. Same-sex marriage and civil unions are not recognised by law. Nevertheless, Suriname is legally bound to the January 2018 Inter-American Court of Human Rights ruling, which held that same-sex marriage is a human right protected by the American Convention on Human Rights.

    <span class="mw-page-title-main">LGBT rights in the Netherlands</span>

    Lesbian, gay, bisexual, and transgender (LGBTQ) rights in the Netherlands are among the most advanced in the world. Same-sex sexual activity was legalized in 1811 after France invaded the country and installed the Napoleonic Code, erasing any remaining sodomy laws. No more sodomy laws were enacted after the country received independence. An age of consent equal with that of heterosexual activity was put in place in 1971. During the late 20th century, awareness surrounding homosexuality grew and society became more tolerant of gay and bisexual people. The changes eventually led to homosexuality's declassification as a mental illness in 1973 and a ban on discrimination based on sexual orientation in the military. The Equal Treatment Act 1994 bans discrimination on account of sexual orientation in employment, housing, public accommodations, and other areas. This was extended in 2019 to include discrimination based on gender identity, gender expression and sex characteristics. After the country began granting same-sex couples registered partnerships benefits in 1998, the Netherlands became the first country in the world to legalize same-sex marriage in 2001. Same-sex joint and stepchild adoption are also permitted, and lesbian couples can access IVF as well.

    <span class="mw-page-title-main">Dissolution of the Netherlands Antilles</span> 2010 dissolution of the autonomous Caribbean country of the Netherlands

    The Netherlands Antilles was an autonomous Caribbean country within the Kingdom of the Netherlands. It was dissolved on 10 October 2010.

    Many countries in the Americas grant legal recognition to same-sex unions, with almost 85 percent of people in both North America and South America living in jurisdictions providing marriage rights to same-sex couples.

    <span class="mw-page-title-main">LGBT rights in the Americas</span>

    Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex and diverse in the Americas, and acceptance of LGBTQ persons varies widely.

    The Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba serves the three Caribbean countries of the Kingdom of the Netherlands and the three Caribbean special municipalities of the Netherlands. The court primarily hears disputes in first instance and on appeal of these six islands, and is on the same level as similar courts in the Netherlands. Since 2012, the court has also been authorized to hear inquiry procedures originated on Curaçao, of a type that would be heard in the Netherlands by the Enterprise Chamber in Amsterdam.

    <span class="mw-page-title-main">LGBT history in the Netherlands</span>

    The history of lesbian, gay, bisexual, and transgender people in the Netherlands has reflected the shades of tolerance or rigidity which were utilized by the rulers of the country at various periods in its history. Since World War II, the movement for LGBT rights has been galvanized by both events abroad and increasing liberalization domestically.

    Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay. Same-sex marriage is recognized, but not performed in Israel.

    <span class="mw-page-title-main">LGBT rights in Curaçao</span>

    Lesbian, gay, bisexual, and transgender (LGBTQ) people in Curaçao have similar rights to non-LGBT people. Both male and female same-sex sexual activity are legal in Curaçao. Discrimination on the basis of "heterosexual or homosexual orientation" is outlawed by the Curaçao Criminal Code.

    <span class="mw-page-title-main">LGBT rights in Sint Maarten</span>

    Lesbian, gay, bisexual, and transgender (LGBT) people in Sint Maarten may face legal challenges not experienced by non-LGBTQ residents. Both male and female same-sex sexual activity are legal in Sint Maarten, a constituent country of the Kingdom of the Netherlands, but same-sex marriage is not legal. Same-sex couples with Dutch nationality must travel to the Netherlands to get married, and that will not provide the rights of marriage in Sint Maarten.

    Same-sex marriage has been legal in Bonaire, Sint Eustatius and Saba since 10 October 2012, the effective date of legislation passed by the States General of the Netherlands enabling same-sex couples to marry. The Caribbean Netherlands was the first jurisdiction in the Caribbean to legalise same-sex marriage, and was followed a few months later by French Caribbean territories, including Guadeloupe and Martinique, in May 2013.

    <span class="mw-page-title-main">LGBT rights in Bonaire</span>

    Lesbian, gay, bisexual, and transgender (LGBT) rights in Bonaire are very progressive by Caribbean standards. Bonaire forms part of the Caribbean Netherlands and is a special municipality of the Netherlands. Both male and female same-sex sexual activity are legal in Bonaire, with same-sex marriage and adoption being legal since 2012. In addition, discrimination on the basis of "heterosexual and homosexual orientation" is outlawed.

    <span class="mw-page-title-main">LGBT rights in Sint Eustatius</span>

    Lesbian, gay, bisexual, and transgender (LGBT) rights in Sint Eustatius are quite progressive by Caribbean standards. Sint Eustatius forms part of the Caribbean Netherlands and is a special municipality of the Netherlands. Both male and female same-sex sexual activity are legal in Sint Eustatius, with same-sex marriage, registered partnership, and adoption being legal since 2012. In addition, discrimination on the basis of "heterosexual and homosexual orientation" is outlawed.

    <span class="mw-page-title-main">LGBT rights in Saba</span>

    Lesbian, gay, bisexual, and transgender (LGBT) rights in Saba are very progressive by Caribbean standards. Saba forms part of the Caribbean Netherlands and is a special municipality of the Netherlands. Both male and female same-sex sexual activity are legal in Saba, with same-sex marriage and adoption being legal since 2012. In addition, discrimination on the basis of "heterosexual and homosexual orientation" is outlawed.

    <span class="mw-page-title-main">LGBT rights in the Caribbean</span>

    LGBT rights differ between the various states in the Caribbean. They are influenced by previous colonization from Europe as well as each state's own interpretation of laws. For many of the states, perceptions of LGBT individuals are unfavorable, and laws lack protections and rights for the community.

    References

    1. 1 2 van Putten, Laurens (12 July 2024). "Same sex marriage is legal in Aruba and Curacao".{{cite news}}: CS1 maint: url-status (link)
    2. State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 17 October 2012 at the Wayback Machine
    3. "Caribbean island Aruba has to recognize gay marriage: Dutch supreme court". Yahoo! News. 13 April 2007. Retrieved 16 April 2007.[ dead link ]
    4. "Aruba vote on civil partnerships could finally extend LGBT rights to all Dutch citizens". openDemocracy.
    5. "Snel homorechten in alle delen van het Koninkrijk". Caribisch Netwerk. 22 April 2015.
    6. "Wetsvoorstel geregistreerd partnerschap op Aruba ook voor gelijke seksen - Dutch Caribbean Legal Portal". www.dutchcaribbeanlegalportal.com.
    7. "This island in the Caribbean is about to make history. But they need your help". All Out. Archived from the original on 28 September 2018. Retrieved 4 September 2016.
    8. "Aruba Parliament approves civil unions for same-sex couples". Yahoo News. AP. 9 September 2016. Archived from the original on 9 September 2016. Retrieved 9 September 2016.
    9. "LANDSVERORDENING van 27 april 2012 houdende vaststelling van een nieuw Wetboek van Strafrecht van Aruba". overheid.aw (in Dutch). Archived from the original on 18 November 2019. Retrieved 12 July 2019.
    10. "Caribbean Gay Friendly Travel Destinations - Aruba LGBT Vacations". aruba.com.
    11. Richard Ammon (September 2012). "Gay Life in a Tolerant Society in Aruba". Globalgayz.
    12. "Aruba Votes for LGBT Civil Union as first Island in the Caribbean". aruba.com. 9 September 2016.
    13. "Mensen van hetzelfde geslacht mogen trouwen op Aruba en Curaçao". nos.nl (in Dutch). 12 July 2024. Retrieved 12 July 2024.