In the landmark decision for LGBTQ+ rights in the Caribbean, the Dutch Supreme Court ruled in July 2024 that the exclusion of same-sex couples from marriage constitutes a violation of anti-discrimination laws. This historic judgment marks a pivotal advancement in the pursuit of equality within the region.
Human Rights Caribbean Foundation, alongside a same-sex couple—both plaintiffs—filed a lawsuit against the government of Curaçao, resulting in the legalization of same-sex marriage. The plaintiffs argued that the absence of marriage rights—or even alternatives, such as registered partnerships—violated constitutional protections against discrimination. The Joint Court of Justice concurred, affirming that the lack of legal recognition amounted to unequal treatment under the law.
Despite the government’s appeal, the Dutch Supreme Court upheld the lower court’s decision on July 12, 2024. The Court determined that judicial intervention was necessary in the face of legislative inaction, thereby affirming the judiciary’s responsibility to address legal gaps that perpetuate inequality.
Following a four-year legal battle, Curaçao has become the 38th country in the world to legalize same-sex marriage. Married same-sex couples in Curaçao are now entitled to full legal rights, including the ability to make medical decisions for their partners, access spousal pension and social security benefits, and receive equal treatment under tax law.
This ruling represents a major milestone in the advancement of human rights within the Kingdom of the Netherlands and sets an important precedent for broader regional progress on LGBTQ+ equality.
Following the Court’s decision, the first legal same-sex marriage was celebrated in Curaçao on July 27, marking a historic moment for both the island and the Caribbean region.
This lawsuit was initiated by our chairwoman, Janice Tjon Sien Kie. The successful outcome was the result of a small but dedicated team of activists and lawyers. We extend our sincere gratitude to the lawyers who provided their pro bono services: our lead lawyer David Wever, Mirto Murray, and the Supreme Court litigation team from NautaDutilh—Freerk Vermeulen, David den Blaauwen, and Aalt Colenbrander. Lastly, we express our heartfelt appreciation to the same-sex couple and newlyweds, Danika and Melinda.
It is important to note that, simultaneously, a similar legal path was taken on our sister island of Aruba. The case there was brought forward by Fundacion Orguyo Aruba. Following the appellate court’s ruling, the two cases—Curaçao and Aruba—were handled jointly, utilizing the same legal team. Since then, Aruba has also legalized same-sex marriage. Further details about this parallel process will be shared in an upcoming document. At present, Sint Maarten remains the only country within the Kingdom of the Netherlands where marriage equality has not yet been achieved.
Human Rights Caribbean remains committed to advancing human rights and equality for all in the Caribbean.
More detailed insights and in-depth information about the journey to marriage equality will follow shortly.
