On 6 December 2022, the Joint Court confirmed that same-sex couples should be able to marry. The Court finds that excluding same-sex couples from marriage is contrary to the prohibition of discrimination and incompatible with the Constitution.
The Curaçao government cannot agree with this position and is appealing the Court's ruling. The government believes that there is no legal obligation, both nationally and internationally, to open up traditional marriage to people of the same sex.
Cassation means that the case is dealt with by the highest court of our region, the Supreme Court of the Netherlands. A party to the proceedings can appeal in cassation if this party believes that the Court has made mistakes. The Supreme Court can declare the request well-founded or unfounded. If the request is well-founded, the Court's ruling is annulled. If the request is unfounded, the ruling remains in place.