Same-sex marriage in Aruba

The recognition of same-sex marriages became legal in Aruba after three Courts all ruled gay marriages must be recognized. However, civil same-sex marriages are not conducted on the island itself.

Background

A case was launched by Charlene and Esther Oduber-Lamer. Citing Esther's inability to receive health benefits from Charlene's job, as entitled to a spouse in a heterosexual marriage, the couple launched the challenge the previous year, accusing Aruba's government of discrimination. The Government was adamantly opposed to the Court challenge.

The couple reported that they often had rocks thrown at them, were suffering from depression, and were residing in the Netherlands after leaving Aruba in November 2003 because of harassment when they tried to register as a married couple.

Aruba, which lies off the northern coast of Venezuela, is an autonomous nation that forms part of the Kingdom of the Netherlands. Dutch statutes require that all members of the Kingdom of the Netherlands—Aruba, The Netherlands and the Netherlands Antilles—recognize each other's legal documents, including marriage certificates.

Nearly 80% of citizens residing in Aruba are Catholic, and therefore the issue of same-sex marriage is one where opposition is large, and most couples flee back to the Netherlands.

Island Lower Court Ruling

In December 2004, an island lower court ruled that the marriage between Charlene and Esther Oduber-Lamer in the Netherlands should be recognized in Aruba. The Government's stance was (and continues to be) that the civil code does not allow for same-sex marriage, and that it goes against Aruba's way of life. The Government appealed to the Common Court of Justice of the Netherlands Antilles and Aruba (Superior Court).

Common Court Ruling

On August 23rd, 2005, Aruba's Superior Court issued its ruling on the validity of recognizing same-sex marriages. It upheld the lower court's decision, stating that: "The Dutch marriage can be inscribed in the register. Since Aruba is part of the Kingdom of the Netherlands, it must comply with demands of the Kingdom.

Aruban PM Nelson O. Oduber reacted to the decision by declaring: "we give neither legal nor moral recognition to same-sex marriages."

The Government appealed the ruling to the Supreme Court of the Netherlands.

Dutch Supreme Court Ruling

On April 13th, 2007, the Supreme Court declared that, in accordance with the Charter for the Kingdom of the Netherlands, all marriages contracted in the different parts of the Kingdom of the Netherlands, should be accepted in the other parts of the Kingdom as well. It said that the matter that Aruba doesn't have a same-sex marriage law or that it goes against Aruba's 'way of life', is irrelevant to the issue. With this ruling, Aruba must recognize same-sex marriages. It's not possible to contract a marriage in Aruba itself.

ee also

* Politics of Aruba

External links

* [http://www.365gay.com/newscon05/08/082105Aruba.htm Dutch & Arubans At Odds Over Gay Marriage] (Associated press)