No rights for gay-couples
- June 22, 2009 7:17 AM
ORANJESTAD/WILLEMSTAD –– A lesbian couple married in the Netherlands may not publicly derive rights from their marital state. The Joint Court of Justice of the Netherlands Antilles and Aruba determined this in appeal, in spite of a previous verdict of the Supreme Court, that the gay-marriage is lawful in the entire Kingdom.
The Court passed this judgment in a case where a lesbian female from Curaçao wanted to register her wife and child as co-insured family member for their medical insurance. The Court states in her verdict: “The Order of the Supreme Court of April 13th, 2007 does not result to, (…) by recording the marriage certificate in the register of the Registry Office, that the partner wife of the insured is equally alluded to as being the same.”
Two years ago, the Supreme Court declared the gay-marriage lawful in the entire Kingdom, after a long struggle with the Aruban lesbian couple Charlene Oduber and Esther Lamer. Until then the gay-marriage was not acknowledged on Aruba. The Chairman of the Dutch Homo Lesbian Federation (HLBF) André van Wanrooij was disappointed with the verdict: “It actually means that a homosexual couple that is acknowledged by the Registry Office as being married, may be treated by institutes and the government as being unmarried. By this, the Court creates an unacceptable inequality of justice between married couples of the same and different sex. An inequality of justice, with a discriminatory foundation. While the Dutch right for homosexual marriages is followed by the whole world, also in Latin America, it is evidently impossible to treat Dutch citizens equally in our own Kingdom.”
Aruba previously indicated that after the verdict of the Supreme Court in 2007, homo-couples registering with the Registry Office on Aruba, for the greater part, would receive equal rights. Moreover, in some cases, it even went further than in the Netherlands, such as the adoption case. It was not clear this morning, whether the verdict will influence this. The institutes as well as the politicians were not informed of the news yet.
For that matter, the Curaçao couple can take their case to the European Court for Human Rights (EHRM) in Strasbourg. It was not clear this morning whether the couple would actually do this.
(Source: National Newspaper Amigoe)
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