Same-sex marriage in Bonaire, Sint Eustatius and Saba

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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 was the first jurisdiction in the Caribbean to legalise same-sex marriage, and was followed a few months later by French territories, including Guadeloupe and Martinique, in May 2013.

Contents

Saba and Bonaire have been named among the best marriage destinations for same-sex couples in the Caribbean. [3]

Background

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. [4]

Same-sex marriage law

Recognition of same-sex unions in the Lesser Antilles and Puerto Rico .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Same-sex marriage Unregistered cohabitation Island subject to IACHR ruling No recognition of same-sex couples Constitutional ban on same-sex marriage Same-sex sexual activity illegal but penalties not enforced v t e Same-sex legislation Lesser Antilles (named).svg
Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
  Same-sex marriage
  Unregistered cohabitation
  Island subject to IACHR ruling
  No recognition of same-sex couples
  Constitutional ban on same-sex marriage
  Same-sex sexual activity illegal but penalties not enforced

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. [5] [6] In 2007, politicians from the three islands called on the government not to introduce same-sex marriage. A deputy from the Bonaire Patriotic Union said, "We have no problem registering the marriages of gays. But we don't want same-sex marriages." Meanwhile, a deputy from the Windward Islands People's Movement stated that "Saba has always been very tolerant towards homosexuals. We have no problem with that. But marriage, that's something else." [7] [8] The issue was particularly controversial on the island of Sint Eustatius, [9] 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 Sint Eustatius Island Council also passed a resolution opposing same-sex marriage in 2010. [10]

The law, known as the Implementation Act Public Entities Bonaire, Sint Eustatius and Saba, was passed by the Parliament, and received royal assent by Queen Beatrix of the Netherlands on 17 May 2010. It 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. [11] 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: [12]

(A marriage can be entered into by two persons of different or of the same sex.)

The first same-sex marriage in Saba was performed in The Bottom on 4 December 2012 between Cedeno Xiomar Gonzalez, an Aruban, and Israel Ernesto Ruiz Pinto, from Venezuela, who were both residents of Aruba. [13] [14] [15] The first same-sex wedding in Bonaire was performed in May 2013 in Kralendijk between Jean Ardley Baiz and Norbert Miguel Torrealba, also an Aruban-Venezuelan couple. [16] 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 prior to this. [17]

Saba has been named one of the best marriage destination for same-sex couples in the Caribbean. [3] By 2018, 22 same-sex couples had married on the island. [18] Bonaire has also been named among the best marriage destinations for same-sex couples in the Caribbean. [19]

See also

Related Research Articles

<span class="mw-page-title-main">Netherlands Antilles</span> 1954–2010 Caribbean constituent country of the Netherlands

The Netherlands Antilles, also known as the Dutch Antilles, was a constituent Caribbean country of the Kingdom of the Netherlands consisting of the islands of Saba, Sint Eustatius, and Sint Maarten in the Lesser Antilles, and Aruba, Curaçao, and Bonaire in the Leeward Antilles. The country came into being in 1954 as the autonomous successor of the Dutch colony of Curaçao and Dependencies, and it was dissolved in 2010, when like Aruba in 1986, Sint Maarten and Curaçao gained status of constituent countries within the Kingdom of the Netherlands, and Saba, Sint Eustatius, and Bonaire gained status of special municipality of Netherlands as the Caribbean Netherlands. The neighboring Dutch colony of Surinam in continental South America, did not become part of the Netherlands Antilles but became a separate autonomous country in 1954. All the 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.

<span class="mw-page-title-main">Flag of the Netherlands Antilles</span>

The flag of the Netherlands Antilles was white, with a horizontal blue stripe in the center, one-third of the flag's hoist, superimposed on a vertical red stripe of the same width, also centered; six white, five-pointed stars are arranged in a hexagon pattern in the center of the blue band, their points up. It was adopted on 19 November 1959.

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.

<span class="mw-page-title-main">Saba (island)</span> Dutch Caribbean island

Saba is a Caribbean island and the smallest special municipality of the Netherlands. It consists largely of the dormant 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.

<span class="mw-page-title-main">SSS islands</span> Group of islands in the Caribbean Sea

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 the Caribbean Sea. 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 marriage is legal in Aruba and Curaçao, two constituent countries of the Kingdom of the Netherlands, in accordance with a ruling from the Supreme Court of the Netherlands issued 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. 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">LGBTQ rights in Aruba</span>

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Aruba, a constituent country of the Kingdom of the Netherlands, have evolved remarkably in the past decades. Both male and female forms of 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.

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">Dutch Caribbean Coast Guard</span> Law enforcement agency

The Dutch Caribbean Coast Guard (DCCG) is the coast guard of the Kingdom of the Netherlands in the Dutch Caribbean. The unit is a joint effort of all constituent countries within the Kingdom. Prior to the dissolution of the Netherlands Antilles in 2010, it was known as the Netherlands Antilles and Aruba Coast Guard and was a division of the Royal Netherlands Navy.

<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">Visa policy of the Kingdom of the Netherlands in the Caribbean</span> Policy on permits required to enter the Kingdom of the Netherlands in the Caribbean

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.

<span class="mw-page-title-main">Identity card BES</span> Identity card of The Caribbean Netherlands

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.

<span class="mw-page-title-main">Dutch Caribbean</span> Caribbean part of the Kingdom of the Netherlands

The Dutch Caribbean are the New World territories, colonies, and countries of the Dutch Empire and the Kingdom of the Netherlands located in the Caribbean Sea, mainly the northern and southwestern regions 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.

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

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Curaçao have similar rights to non-LGBTQ people. Both male and female forms of 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">LGBTQ 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">LGBTQ 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">LGBTQ 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.

References

  1. ↑ "Burgerlijk wetboek BES, boek 1" (in Dutch). Government of the Netherlands. Archived from the original on 4 April 2016. Retrieved 12 October 2012.
  2. ↑ "Aanpassingswet openbare lichamen Bonaire, Sint Eustatius en Saba" (in Dutch). Government of the Netherlands. 1 September 2010. Archived from the original on 6 March 2016. Retrieved 4 April 2016.
  3. 1 2 "Weddings". Saba Tourism. Retrieved 9 July 2024.
  4. ↑ "About the Caribbean Netherlands". www.netherlandsandyou.nl. 23 September 2016.
  5. ↑ "Aanpassingswet openbare lichamen Bonaire, Sint Eustatius en Saba, Nr. 23 GEWIJZIGD AMENDEMENT VAN DE LEDEN VAN GENT EN REMKES TER VERVANGING VAN DAT GEDRUKT ONDER NR. 14" (in Dutch). Government of the Netherlands. 5 March 2010. Archived from the original on 2 April 2016. Retrieved 4 April 2016.
  6. ↑ "Aanpassingswet openbare lichamen Bonaire, Sint Eustatius en Saba, NOTA NAAR AANLEIDING VAN HET VERSLAG" (in Dutch). Government of the Netherlands. 5 November 2009. Archived from the original on 3 March 2016. Retrieved 18 December 2010.
  7. ↑ "Antillen verzetten zich tegen homohuwelijk". Bnnvara (in Dutch). 21 December 2009.
  8. ↑ "Saba and St. Eustatius also don't want 'same-sex marriages'". COC. 14 March 2007.
  9. ↑ "Statia Says No To Gay Marriage". MNI Alive. Retrieved 9 July 2024.
  10. ↑ "Resistance against same-sex marriages on St Eustatius". Rnw.org. Retrieved 2017-04-01.
  11. ↑ "Tweede aanpassingswet openbare lichamen Bonaire, Sint Eustatius en Saba – A" (in Dutch). Government of the Netherlands. Archived from the original on 15 March 2016. Retrieved 18 December 2010.
  12. ↑ "Burgerlijk Wetboek BES Boek 1". wetten.overheid.nl (in Dutch). Retrieved 6 May 2020.
  13. ↑ "Saba records first gay marriage on Tuesday". St. Maarten Time. 4 December 2012. Archived from the original on 13 March 2016. Retrieved 4 April 2016.
  14. ↑ "First Gay Marriage In Dutch Caribbean". Curacao Chronicle. 4 December 2012. Archived from the original on 1 April 2016. Retrieved 4 April 2016.
  15. ↑ "First same-gender wedding in Caribbean Netherlands". Dutch Caribbean Legal Portal. 5 December 2012. Archived from the original on 4 April 2016. Retrieved 4 April 2016.
  16. ↑ "Eerste homohuwelijk op Bonaire". NOS Nieuws (in Dutch). 20 May 2013.
  17. ↑ "Eerste openbare homohuwelijk op Statia". Antilliaans Dagblad (in Dutch). 1 December 2019.
  18. ↑ Henry, Esther (5 March 2018). "Saba same-sex marriages increase: 'we feel more comfortable here'". Caribbean Network. The Bottom.
  19. ↑ Renzi, Dan (1 September 2023). "Top 10 destinations that celebrate marriage equality in the Caribbean and Latin America". GayCities.
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