LGBT rights in Sint Maarten

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LGBTQ rights in Sint Maarten
Sint Maarten in its region.svg
Sint Maarten
Status Legal
Military Yes
Discrimination protections Discrimination based on "heterosexual or homosexual orientation" prohibited
Family rights
Recognition of relationships Same-sex marriages performed in the Netherlands recognized
Adoption No

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 [nb 1] must travel to the Netherlands to get married, and that will not provide the rights of marriage in Sint Maarten.

Contents

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Sint Maarten. [1] The age of consent is 15 and is equal for both heterosexual and homosexual intercourse.

Recognition of same-sex relationships

As part of the Kingdom of the Netherlands, Sint Maarten must recognize as valid same-sex marriages registered in the Netherlands (including Bonaire, Sint Eustatius and Saba). Same-sex couples cannot legally marry on the island, however.

In April 2015, representatives of all four constituent countries agreed that same-sex couples should have equal rights throughout the Kingdom. [2]

In August 2015, in the case of Oliari and Others v Italy , the European Court of Human Rights (ECHR) ruled that it is discriminatory to provide no legal recognition to same-sex couples. The ECHR has jurisprudence over Sint Maarten. [3]

Discrimination protections

The Sint Maarten Criminal Code (Dutch : Wetboek van Strafrecht), enacted in 2012, prohibits unfair discrimination and incitement to hatred and violence on various grounds, including "heterosexual or homosexual orientation". [4] 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

Sint Maarten is noted as an LGBT-friendly travel destination, with various venues, hotels, beaches, bars and restaurants catering to LGBT clientele or otherwise advertising as welcoming. Numerous gay cruises visit the island every year. Sint Maarten society is described as tolerant of LGBT people, though gay magazines report that this tolerance "is more economic than social". Among the locals, discrimination and bullying tend to be more widespread, where there is a "subtle climate of homophobia". The presence of the Roman Catholic Church as the largest denomination on the island has also contributed to more societal prejudice, especially compared to the Netherlands. [5] Nevertheless, locals are often described as having a "live and let live" mentality, and overt discrimination is very rare. There is, however, one known exception to this; in April 2006, a same-sex couple from New York City was attacked outside a bar with tire irons by four men yelling anti-gay slurs. The couple was sent to hospital for serious injuries. The Dutch and Sint Maarten governments denounced the attack as "barbaric and heinous". [6] The men were convicted in November 2006 of public violence and grievous bodily harm, with penalties ranging from six months to three years' imprisonment. One of the men had expressed remorse and had tried to stop the attack, resulting in a lesser sentence. [7]

There is one gay association on the island, known as Sint Maarten Alliance for Equality (SAFE). [8] There is also an LGBT tourist website, Gaysxm. The website provides information on various venues and areas on the island for gay tourists. Gaysxm is an LGBT tourist information portal and has also other social media accounts where they give relevant information about gay life on the island.

Politics

The Democratic Party Sint Maarten and the United People's Party, which merged in 2017 to form the United Democrats, both supported same-sex marriage. The Sint Maarten Christian Party has expressed opposition to same-sex marriage, but has stated that it supports "equal protections against discrimination, bullying and violence". [8]

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 marriages X mark.svg (Marriages performed within the Kingdom have minimal recognition) [9]
Same-sex civil unions X mark.svg
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 (The Netherlands responsible for defence)
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
MSMs allowed to donate blood X mark.svg

See also

Notes

  1. ↑ Citizens of Sint Maarten have Dutch nationality by jus sanguinis .

Related Research Articles

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.

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">Supreme Court of the Netherlands</span> Highest court of the Kingdom of the Netherlands

The Supreme Court of the Netherlands, officially the High Council of the Netherlands, is the final court of appeal in civil, criminal and tax cases in the Netherlands, including Curaçao, Sint Maarten and Aruba. The Court was established on 1 October 1838 and is located in The Hague.

<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">Charter for the Kingdom of the Netherlands</span> Legal document describing the political relationship between the Kingdoms constituent countries

The Charter for the Kingdom of the Netherlands is a legal instrument that sets out the political relationship among the four countries that constitute the Kingdom of the Netherlands: Aruba, Curaçao, Sint Maarten in the Caribbean and the Netherlands in Europe. It is the leading legal document of the Kingdom. The Constitution of the Netherlands and the Basic Laws of the three other countries are legally subordinate to the Charter.

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

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.

<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">Kingdom of the Netherlands</span> Sovereign state including the Netherlands

The Kingdom of the Netherlands, commonly known simply as the Netherlands, is a sovereign state consisting of a collection of constituent territories united under the monarch of the Netherlands, who functions as head of state. The realm is not a federation; it is a unitary monarchy with its largest subdivision, the eponymous Netherlands, predominantly located in Northwestern Europe and with several smaller island territories located in the Caribbean.

<span class="mw-page-title-main">Caribbean Netherlands</span> Netherlands Caribbean municipalities

The Caribbean Netherlands is a geographic region of the Netherlands located outside of Europe, in the Caribbean, consisting of three special municipalities. These are the islands of Bonaire, Sint Eustatius and Saba, as they are also known in legislation, or the BES islands for short. The islands are officially classified as public bodies in the Netherlands and as overseas territories of the European Union; as such, European Union law does not automatically apply to them.

<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.

<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.

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. ↑ "State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults" (PDF). Old.ilga.org. Archived from the original (PDF) on 11 June 2012. Retrieved 20 June 2015.
  2. ↑ "Snel homorechten in alle delen van het Koninkrijk". Caribisch Network (in Dutch). 22 April 2015.
  3. ↑ "Olairi v. Italy: The First Step to Equal Marriage in Europe?". www.jurist.org. 18 August 2015. Retrieved 27 May 2018.
  4. ↑ "LANDSVERORDENING van de 13e december 2012 houdende vaststelling van een nieuw Wetboek van Strafrecht". overheid.nl (in Dutch).
  5. ↑ Richard Ammon (September 2012). "Gay Life in Sint Maartin". Globalgayz.
  6. ↑ "Attack on St. Martin Worries Gay Groups". The New York Times. 30 April 2006.
  7. ↑ "4 convicted in St. Maarten gay attack". The Denver Post. 3 November 2006.
  8. 1 2 "SAFE: No protection for LGBT community if laws not updated". The Daily Herald. 19 August 2016.
  9. ↑ Raad, Hoge (13 April 2007). "ECLI:NL:HR:2007:AZ6095, voorheen LJN AZ6095, Hoge Raad, R05/139HR". uitspraken.rechtspraak.nl.
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