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Court orders Aruba, Curaçao to extend marriage rights to same-sex couples

‘The right to same-sex marriage has been established’

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Curaçao is one of the constituent countries in the Caribbean that are part of the Netherlands. (Washington Blade photo by Michael K. Lavers)

A court on Tuesday ruled Aruba and Curaçao must allow same-sex couples to marry.

The Joint Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint Eustatius and Saba that has jurisdiction over three constituent countries (Aruba, Curaçao and Sint Maarten) and three special municipalities (Bonaire, Sint Eustatius and Saba) within the Netherlands issued the ruling in two marriage equality cases that Fundacion Orguyo Aruba and Human Rights Caribbean in Curaçao filed on behalf of two women who want marriage rights in Aruba and Curaçao.

“The court has come to the conclusion that excluding same-sex marriage is in violation of the prohibition of discrimination and incompatible with state regulations,” reads the ruling, according to the Curaçao Chronicle, an English newspaper in Curaçao. 

Same-sex couples have been able to legally marry and adopt children in Bonaire, Sint Eustatius and Saba since 2012.

Same-sex couples cannot legally marry in Aruba, Curaçao and Sint Maarten. The countries, however, must recognize same-sex marriages from the Netherlands, Bonaire, Sint Eustatius and Saba.

The Court of First Instance in Curaçao on Sept. 13, 2021, ruled the lack of marriage rights for same-sex couples violated the country’s constitution. Prime Minister Gilmar Pisas’ government appealed the decision in the Human Rights Caribbean case. 

Aruba’s registered partnership law took effect in September 2021. Accion 21, a centrist party that openly gay Sen. Miguel Mansur chairs, in June introduced a marriage equality bill.

Janice Tjon Sien Kie of Human Rights Caribbean on Tuesday told the Washington Blade during a telephone interview the ruling could take effect as early as March 7 if the Curaçaoan government does not appeal it to the Dutch Supreme Court in The Hague.

“As of March 7, Curaçao has marriage equality,” she said. “If they (the government) go into appeal, it would only cause a delay of approximately 18 months.”

Mansur and Melissa Gumbs, an openly lesbian member of the Sint Maarten Parliament, attended the LGBTQ Victory Fund’s International LGBTQ Leaders Conference that took place in D.C. this past weekend.

“Essentially the right to same-sex marriage has been established by the appeals court in both Curaçao and Aruba,” Mansur told the Blade on Tuesday.

Mansur noted the ruling does not address adoption rights for same-sex couples. He told the Blade on Wednesday he does not expect the Aruban government to appeal it, and the Advisory Council will receive the marriage equality bill on Dec. 16.

Gumbs, who founded the center left Party for Progress in Sint Maarten in 2019, on Tuesday told the Blade there “is precedent now within the Caribbean part of the kingdom (of the Netherlands) that it’s not right to withhold same-sex marriage rights from people.” Gumbs added her party plans to introduce a marriage equality bill in Parliament.

“That’s something that we will be using,” said Gumbs, referring to the ruling.

Cuba, Puerto Rico, the U.S. Virgin Islands, St. Martin, St. Barthélemy are the other jurisdictions in the Caribbean in which same-sex couples can legally marry. 

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Cuba

Transgender woman who protested against Cuban government released from prison

Brenda Díaz among hundreds arrested after July 11, 2021, demonstrations

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Brenda Díaz (Photo courtesy of Ana María García Calderín/Tremenda Nota)

A transgender woman with HIV who participated in an anti-government protest in Cuba in 2021 has been released from prison.

Luz Escobar, an independent Cuban journalist who lives in Madrid, on Saturday posted a picture of Brenda Díaz and her mother on her Facebook page.

“Brenda Díaz, a Cuban political prisoner from July 11, was released a few hours ago,” wrote Escobar.

Authorities arrested Díaz in Güira de Melena in Artemisa province after she participated in an anti-government protest on July 11, 2021. She is one of the hundreds of people who authorities took into custody during and after the demonstrations.

A Havana court in 2022 sentenced Díaz to 14 years in prison. She appealed her sentence, but Cuba’s People’s Supreme Court upheld it.

Escobar in her Facebook post said authorities “forced” Díaz to “be in a men’s prison, one of the tortures she suffered.” Mariela Castro, the daughter of former Cuban President Raúl Castro who directs the country’s National Center for Sexual Education, dismissed reports that Díaz suffered mistreatment in prison. A source in Cuba who spoke with the Washington Blade on Saturday said Díaz was held in a prison for people with HIV.

The Cuban government earlier this week began to release prisoners after President Joe Biden said the U.S. would move to lift its designation that the country is a state sponsor of terrorism. The Vatican helped facilitate the deal.

U.S. Sen. Marco Rubio (R-Fla.), who is Cuban American, on Wednesday criticized the deal during his confirmation hearing to become the next secretary of state. President-elect Donald Trump, whose first administration made the terrorism designation in January 2021, will take office on Monday.

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Caribbean

Dutch Supreme Court rules Aruba, Curaçao must allow same-sex couples to marry

Ruling likely also applicable to St. Maarten

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Curaçao is one of the constituent countries in the Caribbean that are part of the Netherlands. The Dutch Supreme Court on July 12, 2024, ruled Curaçao and Aruba must extend marriage rights to same-sex couples. The ruling will also apply to Sint Maarten. (Washington Blade photo by Michael K. Lavers)

The Dutch Supreme Court on Friday ruled Aruba and Curaçao must extend marriage rights to same-sex couples.

The Joint Court of Justice of Aruba, Curaçao, St. Maarten and of Bonaire, St. Eustatius, and Saba in 2022 ruled in favor of marriage equality in two cases that Fundacion Orguyo Aruba and Human Rights Caribbean in Curaçao filed.

The governments of the two islands appealed the ruling.

The Joint Court of Justice of Aruba, Curaçao, St. Maarten and of Bonaire, St. Eustatius, and Saba has jurisdiction over Aruba, Curaçao, and St. Maarten —three constituent countries within the Netherlands — and Bonaire, St. Eustatius, and Saba — which are special municipalities within the kingdom. 

Same-sex couples have been able to legally marry and adopt children in Bonaire, St. Eustatius, and Saba since 2012.

Aruba, Curaçao, and St. Maarten must recognize same-sex marriages from the Netherlands, Bonaire, St. Eustatius, and Saba. Aruba’s registered partnership law took effect in 2021.

“Today, we celebrate a historic victory for the dignity and rights of LGBT individuals in Curaçao and Aruba,” said Human Rights Caribbean President Janice Tjon Sien Kie on Friday in a statement.

Aruban Sen. Miguel Mansur, who is gay, on Friday described the ruling to the Washington Blade as “an amazing victory which applies to Aruba, Curaçao, and by implication St. Maarten.”

“Aruba progresses into a society with less discrimination, more tolerance, and acceptance,” he said.

Melissa Gumbs, a lesbian St. Maarten MP, told the Blade the ruling “could very well have some bearing on our situation here.” 

“I’m definitely looking into it,” she said. “We’re researching it to see what is the possibility, and also in touch with our friends in Aruba who are, of course, overjoyed with this ruling.”

Cuba, Puerto Rico, the U.S. Virgin Islands, St. Martin, St. Barts, Martinique, and Guadeloupe, are the other jurisdictions in the Caribbean in which same-sex couples can legally marry. 

Mansur said the first same-sex marriages in Aruba will happen “very soon.”

“There are two couples ready to wed,” he told the Blade.

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Caribbean

Black transgender woman from Chicago disappears in the Bahamas

Taylor Casey last seen on June 19 on Paradise Island

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Taylor Casey (Photo courtesy of Facebook)

A Black transgender woman from Chicago disappeared last month while attending a yoga retreat in the Bahamas.

flyer the Royal Bahamas Police Force has distributed says Taylor Casey, 42, was last seen on June 19 on Paradise Island, which is adjacent to Nassau, the country’s capital.

Casey’s family in a press release said employees at the Sivanandra Ashram Yoga Retreat she was attending reported her missing on June 20 “when she failed to attend that day’s classes.” 

Casey’s mother, Colette Seymore, traveled to Paradise Island after her daughter disappeared.

The press release, which advocates in Chicago released ahead of a press conference on Thursday, notes “a search of the area and conversations with the Bahamian authorities left Ms. Colette Seymore with more questions than answers.”

Thursday is Casey’s 42nd birthday.

Seymore is among those who spoke at Thursday’s press conference.

“My child has been missing for almost three weeks,” said Seymore in the press release. “My family, friends, and I are distraught! I am pleading with everyone to call your elected officials and demand the FBI lead this investigation and bring her home safe and sound.”

The Windy City Times described Casey as “a fixture of Chicago’s transgender community and a beloved youth advocate.” Casey has also practiced yoga for 15 years, and went to the retreat “as part of a long-term goal to deepen her yoga practice.”

“She was excited to be participating in the yoga teacher training program and looking forward to sharing her experience with others when she returned,” noted a second press advisory her family released this week.

The Nassau Guardian, a Bahamian newspaper, on June 27 reported authorities found Casey’s cell phone in the ocean, but her other belongings were still in her room at the retreat. 

A spokesperson for Taylor’s family told the Washington Blade they have reached out to the State Department and the U.S. Embassy in the Bahamas for assistance. Eyewitness News Bahamas, a Bahamian newscast, on June 28 reported the Federal Bureau of Investigation is working with Bahamian authorities to investigate Taylor’s disappearance.

The Bahamas Organization of LGBTI Affairs has also offered its support to Taylor’s family and assistance to authorities.

“There is still hope,” Alexus D’Marco, the group’s executive director, told Eyewitness News Bahamas. “They’re just looking for that piece of hope and to have some closure to finding their loved one.” 

D’Marco also called for Bahamian authorities to do more to investigate missing persons’ cases in the country.

“A human being is missing, and that is the whole thing about this,” she told Eyewitness News Bahamas. “Regardless of her gender identity, being identified as a trans person, she’s still a human being and she’s still a visitor to our shores.” 

Anyone with information about Casey’s disappearance can call the Royal Bahamas Police Force’s Criminal Investigation Department at (242) 502-9991, (242) 502-9975, or (202) 502-9976.

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