Marriage Equality on Curaçao

In a 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, which resulted in the legalization of same-sex marriage.The plaintiffs argued that the absence of marriage rights, or even alternatives such as registered partnerships, infringed upon 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 justified 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 27nd, 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 and Mirto Murray, along with 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.

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.