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International Law

: Karel's Legal Blog

DUTCH SAME-SEX COUPLES HAVE THE SAME RIGHTS AS DUTCH CARIBBEAN OPPOSITE-MARRIED COUPLES

By Karel.Frielink

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Spigthoff represented plaintiff

According to a recent court ruling in the Netherlands Antilles (Court of First Instance, 17 July 2008), a same-sex couple that was married in the Netherlands and subsequently moved to the Netherlands Antilles (Curacao), has the same rights under Netherlands Antilles law (or Aruba law as the case may be) as Netherlands Antilles opposite-married couples as far as health insurance is concerned. Dr. Douwe Boersema of Spigthoff Attorneys & Tax Advisers on Curacao represented the couple.

Same-sex couples have been able to marry in the Netherlands for the last seven years. However, Aruba and the Netherlands Antilles have not changed their legislation which still does not allow such marriages. Moreover, the government of the Netherlands Antilles refuses to treat same-sex couples who married in the Netherlands equally with opposite-married couples as does the government of Aruba.

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. Although same-sex marriages cannot be performed in Aruba or the Netherlands Antilles, both countries are forced to at least recognize same-sex marriages performed in the Netherlands. The rulings of the Supreme Court in The Hague and of the Court of First Instance on Curacao are based on the Kingdom Charter (?Statuut?): legal provisions in force in one part of the Kingdom have the same legal force in the other two parts of the Kingdom.

Generally speaking, in my opinion, and as a matter of principle, governments should not interfere with their citizens? private lives unless it is necessary to do so to protect their basic rights and freedom of choice. People should be as free as possible to make their own choices.

Karel Frielink
Attorney (lawyer) / Partner

Full post as published by Karel's Legal Blog on August 07, 2008 (boomark / email).