ARUBA HAS TO RECOGNIZE DUTCH SAME-SEX MARRIAGES
Supreme Court ruled on controversial issue
The Supreme Court of the Netherlands, the Netherlands Antilles and Aruba ruled on 13 April 2007 that Aruba must recognize same-sex marriages registered in the Netherlands.
Same-sex couples can marry in the Netherlands for six years already. However, Aruba and the Netherlands Antilles have not changed their legislation which still does not allow for such marriages. Also, supported by strong public opposition, Aruba refused to recognize the same.
Although a same-sex marriage is not possible in Aruba or the Netherlands Antilles, both countries are now forced to at least recognize Dutch same-sex marriages. The ruling of the Supreme Court is based on the Kingdom Charter (‘Statuut‘): legal instruments formally drawn up in one part of the Kingdom have the same legal force in the other two parts of the Kingdom.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
