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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. [1] [2]
The Caribbean Netherlands were the first jurisdiction in the Caribbean to legalise same-sex marriage, and were followed a few months later by French Caribbean territories, including Guadeloupe and Martinique, in May 2013.
In 1954, the islands of Aruba, Curaçao, Bonaire, Sint Maarten, Saba, and Sint Eustatius became a constituent country of the Kingdom of the Netherlands, known as the Netherlands Antilles. Aruba seceded from the Netherlands Antilles in 1986 to become its own separate constituent country within the Kingdom. The Netherlands Antilles was dissolved in 2010; Curaçao and Sint Maarten joined Aruba in becoming autonomous constituent countries, while Saba, Bonaire and Sint Eustastius became special municipalities of the Netherlands proper. Voters in Saba and Bonaire had voted for integration into the Netherlands in referendums in 2004, while Sint Eustastius had voted against integration in 2005. Under the law of the Netherlands Antilles, same-sex couples were not permitted to marry, despite same-sex marriage having been legalised in the Netherlands proper in 2001. [3]
As the States General of the Netherlands was debating legislation to establish the Caribbean Netherlands, MPs Johan Remkes and Ineke van Gent introduced an amendment to open marriage to same-sex couples on the islands. The government of Prime Minister Mark Rutte announced it preferred to negotiate the change with the islands first. [4] [5] The issue was particularly controversial on the island of Sint Eustatius, with many Christian islanders opposing the principle of the law and because of the perceived "neocolonialism" of the Netherlands imposing such a law on its overseas municipalities. The Island Council also passed a resolution opposing same-sex marriage. [6]
The law, known as the Implementation Act Public Entities Bonaire, Sint Eustatius and Saba, was passed by the Parliament, received royal assent by Queen Beatrix of the Netherlands on 17 May 2010, and took effect on 10 October 2010. This established the Caribbean Netherlands, and incorporated Saba, Sint Eustatius and Bonaire into the Netherlands proper as special municipalities. The islands were given a civil code, and Netherlands Antilles legislation was gradually replaced with Dutch legislation over the following years. The Second Amendment Act Public Bodies Bonaire, Sint Eustatius and Saba, in force since 1 January 2011, amended the Civil Code to insert two clauses ensuring recognition of marriages and registered partnerships performed abroad, including in the Netherlands, and providing these unions with the same treatment as the marriages and partnerships of opposite-sex couples. [7] It was expected that provisions permitting same-sex marriages to be solemnised on the islands would come into effect within two years.
Legislation to legalise same-sex marriage on the islands took effect on 10 October 2012. Article 1:30 of the Civil Code was changed from "Marriage can only exist between a man and a woman" to: [8]
The first same-sex marriage in Saba was performed on 4 December 2012 between Cedeno Xiomar Gonzalez, an Aruban, and Israel Ernesto Ruiz Pinto, from Venezuela, who were both residents of Aruba. [9] [10] [11] The first same-sex wedding in Bonaire was performed in May 2013 between Aruban-Venezuelan couple Jean Ardley Baiz and Norbert Miguel Torrealba, [12] and the first public same-sex marriage in Sint Eustatius took place in December 2019 in Oranjestad between Walter Hellebrand and Christopher Russell, though several same-sex couples had already married in Sint Eustatius in private ceremonies. [13]
The Netherlands Antilles was a constituent country of the Kingdom of the Netherlands. The country consisted of several island territories located in the Caribbean Sea. The islands were also informally known as the Dutch Antilles. The country came into being in 1954 as the autonomous successor of the Dutch colony of Curaçao and Dependencies. The Antilles were dissolved in 2010. The Dutch colony of Surinam, although it was relatively close by on the continent of South America, did not become part of the Netherlands Antilles but became a separate autonomous country in 1954. All the island territories that belonged to the Netherlands Antilles remain part of the kingdom today, although the legal status of each differs. As a group they are still commonly called the Dutch Caribbean, regardless of their legal status. People from this former territory continue to be called Antilleans in the Netherlands.
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.
Saba is a Caribbean island and the smallest special municipality of the Netherlands. It consists largely of the active volcano Mount Scenery, which at 887 metres (2,910 ft) is the highest point of the entire Kingdom of the Netherlands. The island lies in the northern Leeward Islands portion of the West Indies, southeast of the Virgin Islands. Together with Bonaire and Sint Eustatius it forms the BES islands, also known as the Caribbean Netherlands.
The SSS islands, locally also known as the Windward Islands, is a collective term for the three territories of the Dutch Caribbean that are located within the Leeward Islands group of the Lesser Antilles. In order of population size, they are: Sint Maarten, Sint Eustatius and Saba. In some contexts, the term is also used to refer to the entire island of Saint Martin, alongside Sint Eustatius and Saba.
Same-sex marriages are not performed in Aruba, Curaçao, or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. The islands were obliged after several court rulings to register any marriage registered in the Kingdom, but this primarily considers residency rights, and they do not have to give same-sex marriages the same legal effect as opposite-sex marriages. Marriage in the European territory of the Netherlands, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba, is open to any two people irrespective of sex.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Aruba, which is 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, but same-sex marriage is not legal. Same-sex couples with Dutch nationality must travel to the Netherlands or its special municipalities to get married and the legal protection of marriage is not unconditional. Since 1 September 2021, registered partnerships have been available to both opposite-sex and same-sex couples.
The Netherlands Antilles was an autonomous Caribbean country within the Kingdom of the Netherlands. It was dissolved on 10 October 2010.
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.
The Kingdom of the Netherlands, commonly known as simply the Netherlands, consists of the entire area in which the monarch of the Netherlands functions as head of state. The realm is not a federation; it is a collection of states and territories united under its monarch. 98% of its territory and population is in Western Europe; it also includes several small West Indian island territories in the Caribbean.
The following is an alphabetical list of topics related to the former nation of the Netherlands Antilles.
The Caribbean Netherlands are the three public bodies of the Netherlands that are located in the Caribbean Sea. They consist of the islands of Bonaire, Sint Eustatius and Saba, although the term "Caribbean Netherlands" is sometimes used to refer to all of the islands in the Dutch Caribbean. In legislation, the three islands are also known as Bonaire, Sint Eustatius and Saba or the BES islands. The islands are currently classified as public bodies in the Netherlands and as overseas countries and territories of the European Union; thus, European Union law does not automatically apply.
A common visa exists since the end of 2010 for the territories of Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands which form together the territory of the Kingdom of the Netherlands in the Caribbean. The visa is not valid for the European part of the Netherlands, which is part of the Schengen Area.
The Identity card BES is a uniform identity card for residents in the Caribbean Netherlands introduced upon the dissolution of the Netherlands Antilles in 2010. The cards are machine-readable and have the size of a credit card. The front contains the words Identiteitskaart followed by the island names Bonaire, Sint Eustatius and Saba. The card also contains the coat of arms of the island of issue.
The Dutch Caribbean are the territories, colonies, and countries, former and current, of the Dutch Empire and the Kingdom of the Netherlands in the Caribbean Sea. They are in the north and south-west of the Lesser Antilles archipelago.
An island council was the governing body of an island territory, an administrative level of the Netherlands Antilles until its dissolution.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Curaçao may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Curaçao, as well as same-sex marriage. Discrimination on the basis of "heterosexual or homosexual orientation" is outlawed by the Curaçao Criminal Code. Despite this, same-sex adoption is still not recognised.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Sint Maarten may face legal challenges not experienced by non-LGBT 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 St Maarten.
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 municipalitiy 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.
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 municipalitiy 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.
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.
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