title: Same-sex marriage in Bonaire, Sint Eustatius and Saba
text: # Same-sex marriage in Bonaire, Sint Eustatius and Saba
  
  Part of the LGBT rights series :
  
  Legal status of same-sex unions :
  
  Marriage
  
  Andorra
  
  Argentina
  
  Australia
  
  Austria
  
  Belgium
  
  Brazil
  
  Canada
  
  Chile
  
  Colombia
  
  Costa Rica
  
  Cuba
  
  Denmark
  
  Ecuador
  
  Estonia*
  
  Finland
  
  France
  
  Germany
  
  Iceland
  
  Ireland
  
  Luxembourg
  
  Malta
  
  Mexico
  
  $Netherlands^1$
  
  New $Zealand^2$
  
  Norway
  
  Portugal
  
  Slovenia
  
  South Africa
  
  Spain
  
  Sweden
  
  Switzerland
  
  Taiwan
  
  United $Kingdom^3$
  
  United $States^4$
  
  Uruguay :
  
  Civil unions and registered partnerships
  
  Bolivia
  
  Croatia
  
  Cyprus
  
  Czech Republic
  
  Greece
  
  Hungary
  
  Italy
  
  Latvia
  
  Liechtenstein
  
  Monaco
  
  Montenegro
  
  Netherlands:
  
    • Aruba
  
  San Marino
  
  United Kingdom:
  
    • Bermuda
  
    • Cayman Islands :
  
  Common-law marriage
  
  $Israel^5$ :
  
  Minimal recognition
  
  $Bulgaria^6$
  
  Cambodia:
  
    • 68 communes
  
  $China^7$
  
  $India:^8$
  
    • Chandigarh
  
    • Gujarat
  
    • Haryana
  
    • Kerala
  
    • Odisha
  
    • Punjab
  
    • Tamil Nadu
  
    • Uttarakhand
  
  $Japan^9$
  
  $Lithuania^6$
  
  $Namibia^{10}$
  
  $Netherlands:^2$
  
    • Curaçao
  
    • St Maarten
  
  $Poland^6$
  
  $Romania^{12}$
  
  $Slovakia^6$ :
  
  See also
  
  Same-sex union legislation
  
  Same-sex union court cases
  
  Timeline of same-sex marriage
  
  Recognition of same-sex unions in Africa
  
  Recognition of same-sex unions in Asia
  
  Recognition of same-sex unions in Europe
  
  Recognition of same-sex unions in the Americas
  
  Recognition of same-sex unions in Oceania
  
  Marriage privatization
  
  Divorce of same-sex couples
  
  Domestic partnership
  
  Military policy
  
  Adoption
  
  Listings by country
  
  LGBT rights by country or territory :
  
  Notes
  
  Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  
  Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  
  Neither performed nor recognized in six British Overseas Territories.
  
  Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  
  Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  
  The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  
  Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  
  Unregistered cohabitation or Maitri karar–type contractual relationships, but they are not legally binding.
  
  Some cities and prefectures issue partnership certificates, though not legally formalized.
  
  Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights
  
  Hospital visitation rights through a "legal representative" status
  
  * Not yet in effect :
  
  LGBT portal :
  
  vte :
  
  Same-sex marriage has been legal in Bonaire, Sint Eustatius and Saba since 10 October 2012, the effective date of legislation passed by the States General of the Netherlands enabling same-sex couples to marry.
  
  The Caribbean Netherlands were the first jurisdiction in the Caribbean to legalise same-sex marriage, and were followed a few months later by French Caribbean territories, including Guadeloupe and Martinique, in May 2013.
  
  ## Background
  
  In 1954, the islands of Aruba, Curaçao, Bonaire, Sint Maarten, Saba, and Sint Eustatius became a constituent country of the Kingdom of the Netherlands, known as the Netherlands Antilles. Aruba seceded from the Netherlands Antilles in 1986 to become its own separate constituent country within the Kingdom. The Netherlands Antilles was dissolved in 2010; Curaçao and Sint Maarten joined Aruba in becoming autonomous constituent countries, while Saba, Bonaire and Sint Eustastius became special municipalities of the Netherlands proper. Voters in Saba and Bonaire had voted for integration into the Netherlands in referendums in 2004, while Sint Eustastius had voted against integration in 2005. Under the law of the Netherlands Antilles, same-sex couples were not permitted to marry, despite same-sex marriage having been legalised in the Netherlands proper in 2001.
  
  ## Same-sex marriage law
  
  As the States General of the Netherlands was debating legislation to establish the Caribbean Netherlands, MPs Johan Remkes and Ineke van Gent introduced an amendment to open marriage to same-sex couples on the islands. The government of Prime Minister Mark Rutte announced it preferred to negotiate the change with the islands first. The issue was particularly controversial on the island of Sint Eustatius, with many Christian islanders opposing the principle of the law and because of the perceived "neocolonialism" of the Netherlands imposing such a law on its overseas municipalities. The Island Council also passed a resolution opposing same-sex marriage.
  
  The law, known as the Implementation Act Public Entities Bonaire, Sint Eustatius and Saba, was passed by the Parliament, received royal assent by Queen Beatrix of the Netherlands on 17 May 2010, and took effect on 10 October 2010. This established the Caribbean Netherlands, and incorporated Saba, Sint Eustatius and Bonaire into the Netherlands proper as special municipalities. The islands were given a civil code, and Netherlands Antilles legislation was gradually replaced with Dutch legislation over the following years. The Second Amendment Act Public Bodies Bonaire, Sint Eustatius and Saba, in force since 1 January 2011, amended the Civil Code to insert two clauses ensuring recognition of marriages and registered partnerships performed abroad, including in the Netherlands, and providing these unions with the same treatment as the marriages and partnerships of opposite-sex couples. It was expected that provisions permitting same-sex marriages to be solemnised on the islands would come into effect within two years.
  
  Legislation to legalise same-sex marriage on the islands took effect on 10 October 2012. Article 1:30 of the Civil Code was changed from "Marriage can only exist between a man and a woman" to:
  
  * in Dutch: Een huwelijk kan worden aangegaan door twee personen van verschillend of van gelijk geslacht
  * in Papiamento: Un matrimonio por tuma luga entre dos personanan di diferente o di mesun sekso
  
      (A marriage can be entered into by two persons of different or of the same sex)
  
  The first same-sex marriage in Saba was performed on 4 December 2012 between Cedeno Xiomar Gonzalez, an Aruban, and Israel Ernesto Ruiz Pinto, from Venezuela, who were both residents of Aruba. The first same-sex wedding in Bonaire was performed in May 2013 between Aruban-Venezuelan couple Jean Ardley Baiz and Norbert Miguel Torrealba, and the first public same-sex marriage in Sint Eustatius took place in December 2019 in Oranjestad between Walter Hellebrand and Christopher Russell, though several same-sex couples had already married in Sint Eustatius in private ceremonies.
  
  