Same-sex sexual activity illegal but no longer enforced Same-sex sexual activity illegal Blue crowns: However, marriage certificates and other documents regarding civil status from everywhere in the Kingdom also from the European and Caribbean parts of the Netherlands must be accepted by the other constituent countries as a result of Article 40 of the Charter for the Kingdom of the Netherlands ,  and therefore registration of a same-sex marriage from the Netherlands is possible in all countries.
Acceptance and registration of the same-sex marriage does not mean automatic equal treatment: When a facility however is also open to non-married couples, then same-sex couples must also be included based on non-discrimination rules.
Jurisprudence[ edit ] As the civil codes do not mention same-sex marriage, several court cases have given information on the status of same-sex marriages in the three islands.
As the jurisprudence of the Kingdom is dependent on each other, decisions in other countries have in the same situation the same validity. An overview of relevant cases is discussed below: Citing Esther's inability to receive health benefits from Charlene's job, as entitled to a spouse in a heterosexual marriage, 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 because of harassment when they tried to register as a married couple.
In December , an island lower court ruled that the marriage between Charlene and Esther Oduber-Lamer in the Netherlands should be recognized in Aruba. The Aruban Government's stance was that the Civil Code of Aruba does not allow for same-sex marriage , and that it goes against Aruba's way of life.
The court upheld the decision on 23 August , stating that: Since Aruba is part of the Kingdom of the Netherlands, it must comply with demands of the Kingdom. Aruban Prime Minister Nelson O. Oduber reacted to the decision by declaring: On April 13, , 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. Same-sex divorce[ edit ] In the case of a joint divorce request of a same-sex couple in Aruba, a court ruled in that even though same-sex marriages aren't mentioned in the Civil Code of Aruba, the partners constituted a married couple and as such should be allowed to divorce.
If non-married couples were excluded, then there would be no obligation for same-sex couples to be included. The amendment gives registered partnerships many rights offered to married couples, such as access to spousal pensions and authority to make emergency medical decisions.