Onder 2.24 Gemeenschappelijk Hof van Justitie van Aruba, Curaçao, Sint Maarten en van Bonaire, Sint Eustatius en Saba 6 december 2022

80. The Court observes that the Government relied chiefly on two sets of arguments to justify the legislature’s choice not to include same-sex couples in the scope of Law no. 3719/2008. Firstly, they contended that if the civil unions introduced by that Law were applied to the applicants, this would result for them in rights and obligations – in terms of their property status, the financial relations within each couple and their inheritance rights – for which they could already provide a legal framework under ordinary law, that is to say, on a contractual basis. Secondly, the Government argued that the legislation in question was designed to achieve several goals: protecting children born outside marriage, protecting single-parent families (as made clear in the explanatory report to the Law), responding to the wishes of parents to raise their children without being obliged to marry and, ultimately, strengthening the institutions of marriage and the family in the traditional sense.

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