Same-sex marriage in the Netherlands
Template:Short description Template:Use dmy dates Template:Same-sex unions Same-sex marriage has been legal in the Netherlands since 1 April 2001.<ref>Template:Cite news</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> A bill for the legalisation of same-sex marriage was passed in the House of Representatives by 109 votes to 33 on 12 September 2000 and by the Senate by 49 votes to 26 on 19 December 2000. The law received royal assent by Queen Beatrix on 21 December 2000 and took effect on 1 April 2001. The Netherlands was the first country in the world to legalize same-sex marriage. Polling suggests that a significant majority of Dutch people support the legal recognition of same-sex marriage.<ref name="Euro"/>
Same-sex marriage has been legal in Bonaire, Sint Eustatius and Saba, special municipalities of the Netherlands, since 10 October 2012, and in the constituent countries of Aruba and Curaçao since 12 July 2024. The other constituent country of the Kingdom of the Netherlands, Sint Maarten, does not perform or fully recognize same-sex marriages.
Unregistered partnershipsEdit
Unregistered cohabitation ({{#invoke:Lang|lang}}) occurs when a same-sex or opposite-sex couple cohabits but chooses to keep the legal status of their relationship unregistered or informal. This means all worldwide assets that belong to a single party remain the sole property of the party with no legal entitlement by the other party, whether owned before or acquired during the relationship. The couple can record a contract ({{#invoke:Lang|lang}}) with a notary to receive some limited financial benefits, including for tax and pension purposes. However, the benefits are limited, e.g. the father or non-biological mother is not automatically recognized as a parent after the birth of a child, and upon the death of one of the partners, the other partner is not considered an heir.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> This legal status of unregistered partnerships is respected by Dutch courts.<ref name="N">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
The Netherlands was one of the first countries in the world to recognise cohabiting same-sex couples by law. The first law recognising the cohabitation of same-sex couples was passed in 1979 for the purposes of rent law. Further legislation was passed in 1981 to recognise cohabiting couples for the purposes of inheritance tax.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
Registered partnershipsEdit
On 1 January 1998, registered partnerships (Template:Langx, {{#invoke:IPA|main}})Template:Efn were introduced in Dutch law. The partnerships were meant for same-sex couples as an alternative to marriage, though they can also be entered into by opposite-sex couples, and in fact about one third of the registered partnerships between 1999 and 2001 were of opposite-sex couples.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> In law, registered partnerships and marriage convey the same rights and duties, especially after some laws were changed to remedy inequalities with respect to inheritance and some other issues.<ref name="N"/>
Partnerships have become particularly common among Dutch couples, with about 18,000 new partnerships registered every year.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
Same-sex marriageEdit
Legislative actionEdit
As early as the mid 1980s, a group of gay rights activists, headed by Henk Krol – then editor-in-chief of the Gay Krant – asked the government to allow same-sex couples to marry. By 1995, about 100 municipalities had opened an alternative "marriage register", into which some 300 same-sex couples had inscribed.<ref name="rites"/> That year, the municipality of Rheden said that if government did not legalize same-sex marriage it would proceed with conducting same-sex weddings. Haarlem declared it would do the same or stop issuing marriage licenses altogether.<ref name="rites"/> The States General of the Netherlands decided in 1995 to create a special commission to investigate the possibility of recognizing same-sex marriages. At that time, the Christian Democratic Appeal was not part of the ruling coalition for the first time since the introduction of full democracy. The special commission finished its work in 1997 and concluded that civil marriage should be extended to include same-sex couples. After the 1998 general election, the Second Kok Cabinet promised to tackle the issue. In September 2000, the legislation was debated in the Dutch Parliament.
The marriage bill passed the House of Representatives by 109 votes to 33 on 12 September 2000.<ref>Template:Cite news</ref><ref>Template:Cite news</ref><ref>Template:Cite news</ref>
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| Party | Voted for | Voted against | Absent (Did not vote) |
|---|---|---|---|
| Template:Color box Labour Party | Template:Collapsible list | Template:Collapsible list | Template:Collapsible list |
| Template:Color box People's Party for Freedom and Democracy | Template:Collapsible list | – | Template:Collapsible list |
| Template:Color box Christian Democratic Appeal | Template:Collapsible list | Template:Collapsible list | Template:Collapsible list |
| Template:Color box Democrats 66 | Template:Collapsible list | – | – |
| Template:Color box GroenLinks | Template:Collapsible list | – | Template:Collapsible list |
| Template:Color box Socialist Party | Template:Collapsible list | – | – |
| Template:Color box Christian Union | – | Template:Collapsible list | – |
| Template:Color box Reformed Political Party | – | Template:Collapsible list | – |
| Total | Template:Yes | 33 | 8 |
| Template:Percentage | Template:Percentage | Template:Percentage |
The Senate approved the bill on 19 December 2000 by 49 to 26 votes.<ref>Template:Cite news</ref><ref>Template:Cite news</ref> Only the Christian parties, which held 26 of the 75 seats at the time, voted against the bill. Although the Christian Democratic Appeal would form the next government, they did not indicate any intention to repeal the law.
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| Party | Voted for | Voted against | Absent (Did not vote) |
|---|---|---|---|
| Template:Color box Christian Democratic Appeal | – | Template:Collapsible list | – |
| Template:Color box People's Party for Freedom and Democracy | Template:Collapsible list | – | – |
| Template:Color box Labour Party | Template:Collapsible list | – | – |
| Template:Color box GroenLinks | Template:Collapsible list | – | – |
| Template:Color box Democrats 66 | Template:Collapsible list | – | – |
| Template:Color box Christian Union | – | Template:Collapsible list | – |
| Template:Color box Socialist Party | Template:Collapsible list | – | – |
| Template:Color box Reformed Political Party | – | Template:Collapsible list | – |
| Template:Color box Independent Senate Group | Template:Collapsible list | – | – |
| Total | Template:Yes | 26 | 0 |
| Template:Percentage | Template:Percentage | Template:Percentage |
Queen Beatrix gave her royal assent to the legislation on 21 December 2000.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The main article of the law changed article 1:30 of the Burgerlijk Wetboek to read as follows:
- (A marriage can be entered into by two persons of different or the same sex.)
The law came into effect on 1 April 2001, and on that day four same-sex couples were married by the Mayor of Amsterdam, Job Cohen,<ref>Template:Cite news</ref><ref>Template:Cite news</ref> who became a registrar specifically to officiate at the weddings. A few months earlier, Mayor Cohen had been junior Minister of Justice of the Netherlands and was responsible for putting the new marriage and adoption laws through Parliament.
In Dutch, same-sex marriage is known as {{#invoke:Lang|lang}} or more commonly as {{#invoke:Lang|lang}} ({{#invoke:IPA|main}}).<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Similarly, in West Frisian, it is known as {{#invoke:Lang|lang}} or more commonly as {{#invoke:Lang|lang}} ({{#invoke:IPA|main}}).<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
Requirements and rightsEdit
Template:Same-sex marriage map Europe Dutch law requires that either partner have Dutch nationality or have residency in the Netherlands. The marriageable age in the Netherlands is 18. The law is only valid in the European territory of the Netherlands and on the Caribbean islands of Bonaire, Sint Eustatius and Saba, but does not apply to the other constituent countries of the Kingdom of the Netherlands.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
The only legal difference between same-sex marriages and heterosexual marriages was that, in the former, parentage by both partners was not automatic. Under Dutch civil law, the legal mother of a child is the biological mother (article 1:198), while the father is, in principle, the man to whom she is married or with whom she has a registered partnership at the time of birth. Additionally, the father must be male (article 1:199). As a result, for lesbian couples, the non-biological partner could only become a legal parent through adoption. However, when the biological father did not acquire legal parenthood—such as in cases of artificial insemination—the two female spouses could automatically obtain joint parental authority (article 1:253sa). In December 2013, the Dutch Parliament amended the law to allow automatic parenthood for lesbian couples. The new law, which came into effect on 1 April 2014, stipulates that the co-mother in a marriage or registered partnership with the biological mother is automatically recognized as a legal parent if the sperm donor is anonymous. In cases involving a known donor, the biological mother decides whether the donor or the co-mother will be the child's second legal parent.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>Template:Cite news</ref>
On 6 April 2016, Minister of Foreign Affairs Bert Koenders and Minister of Security and Justice Ard van der Steur confirmed the Dutch position that, like other couples, same-sex couples who are not Dutch residents or nationals cannot marry in the country. The ministers argued that it might lead to "practical and legal problems" and could even be "dangerous" to some participants. The move came after the Liberal Democratic Party had asked the ministers to look into allowing non-resident foreigners to take advantage of the Netherlands' same-sex marriage law.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
Aruba, Curaçao and Sint MaartenEdit
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Aruba, Curaçao and Sint Maarten have separate civil codes from the Netherlands proper;<ref name="NA">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> therefore, same-sex marriage was not automatically legalised in these constituent countries by the 2001 law. It only became possible to perform same-sex marriages in Aruba and Curaçao on 12 July 2024 following a Supreme Court ruling. This makes Sint Maarten the only constituent country where same-sex marriages cannot be performed, though Dutch marriages are recognized there to some extent.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
On 12 July 2024, the Supreme Court of the Netherlands upheld a lower court ruling that the same-sex marriage bans in Aruba and Curaçao were discriminatory and unconstitutional, effectively legalising same-sex marriage in both constituent countries.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Additionally, all territories of the Kingdom of the Netherlands register same-sex marriages performed in the Netherlands proper following an earlier Supreme Court ruling. In 2007, the court ruled that all vital records recorded within the Kingdom are valid throughout its constituent countries, based on its interpretation of the Charter for the Kingdom of the Netherlands. However, subsequent rulings have clarified that same-sex marriages are not automatically entitled to the same privileges (e.g. social security) as opposite sex marriages.<ref name=CAO>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name=healthinsurance>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
Aruba has also recognised registered partnerships offering several of the rights and benefits of marriage for same-sex and opposite-sex couples since September 2021.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Curaçao and Sint Maarten do not perform registered partnerships.
Bonaire, Sint Eustatius and SabaEdit
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Same-sex marriage became legal in the Caribbean Netherlands—Bonaire, Sint Eustatius and Saba—following the entry into force of a law enabling same-sex couples to marry on 10 October 2012.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
OppositionEdit
In 2007, controversy arose when the new Fourth Balkenende Cabinet announced in its policy statement that officials who object to same-sex marriage on principle may refuse to marry such couples.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Some Labour and GroenLinks dominated municipal councils opposed this policy, claiming that the job of a registrar is to marry all couples, not only opposite-sex couples.<ref>Template:Cite news</ref> The opposition parties stated that if a registrar opposed same-sex marriages, they should not hold that post.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The municipality of Amsterdam announced that they would not comply with this policy, and that registrars there would still be obliged to marry same-sex couples. In reaction to this, many other municipalities announced their rejection of this proposal as well. The cabinet claimed that this issue lay solely within the remit of the central government. In practice, municipalities could decide whether or not to hire registrars who object to marrying same-sex couples.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
Before 2014, civil servants could refuse to marry same-sex couples as long as the municipality ensured that other civil servants were available to solemnize the marriage. In 2014, a law was passed that made it illegal for all marriage officiants to refuse their services to same-sex couples.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
Royal same-sex weddingsEdit
In October 2021, Prime Minister Mark Rutte confirmed that members of the Dutch royal family may enter into a same-sex marriage without having to forfeit the crown or lose their royal title and privileges or their place in the line of succession. Previously, the government had held that if an heir wanted to marry a partner of the same sex, they would have to forfeit their right to the throne.<ref>Template:Cite news</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
ImpactEdit
A 2021 study by economists Shuai Chen and Jan van Ours showed that from 2001 onwards levels of anxiety and depression fell drastically among individuals in same-sex relationships and largely converged to those of heterosexuals. Chen and van Ours found that the legalisation of same-sex marriage, as well as supportive societal attitudes, significantly improved the mental health of LGBT people. They concluded, "We find a significant improvement in the mental health of sexual minorities following the legislation. We also find that marriage itself was only partially responsible for the amelioration of mental health among sexual minorities. More importantly, the legal recognition of same-sex marriage improved mental health for both male and female sexual minorities irrespective of their own marital status."<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
StatisticsEdit
According to provisional figures from Statistics Netherlands, same-sex marriages made up 3% of the total number of marriages performed in 2001: a peak of around 6% in the first month followed by around 3% in the remaining months, about 1,339 male couples and 1,075 female couples in total.<ref name="statistics"/> By June 2004, more than 6,000 same-sex marriages had been performed in the Netherlands.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
In March 2006, Statistics Netherlands released estimates on the number of same-sex marriages performed each year: 2,414 in 2001, 1,838 in 2002, 1,499 in 2003, 1,210 in 2004, and 1,150 in 2005.<ref>Template:Cite news</ref> 14,814 same-sex marriages were performed in the Netherlands from 2001 to the end of 2010; 7,525 between two women and 7,289 between two men. There were also 1,078 same-sex divorces during this period.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> By 2015, 21,331 same-sex couples had married in the Netherlands; 11,196 female couples and 10,135 male couples.<ref name="statistics">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
On 1 April 2021, 20 years after same-sex marriage was legalized in the Netherlands, Statistics Netherlands reported that over 28,000 same-sex couples had married in the country by that time. Roughly 20,000 of these couples were still together; the remaining having divorced, moved abroad or one or both of the spouses died. Female couples were more likely to divorce, at around 26%, than heterosexual couples at 16%, and male couples at 14%.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> According to Statistics Netherlands, 32,709 same-sex marriages had been performed by the end of 2023:
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Year | Same-sex marriages | Opposite-sex marriages |
Total marriages |
% same-sex | ||
|---|---|---|---|---|---|---|---|
| Female | Male | Total | |||||
| 2001 | 1,075 | 1,339 | 2,414 | 79,677 | 82,091 | 2.94% | |
| 2002 | 903 | 935 | 1,838 | 83,970 | 85,808 | 2.14% | |
| 2003 | 764 | 735 | 1,499 | 78,928 | 80,427 | 1.86% | |
| 2004 | 631 | 579 | 1,210 | 72,231 | 73,441 | 1.65% | |
| 2005 | 580 | 570 | 1,150 | 71,113 | 72,263 | 1.59% | |
| 2006 | 633 | 579 | 1,212 | 71,157 | 72,369 | 1.67% | |
| 2007 | 708 | 663 | 1,371 | 71,114 | 72,485 | 1.89% | |
| 2008 | 752 | 656 | 1,408 | 74,030 | 75,438 | 1.87% | |
| 2009 | 785 | 573 | 1,358 | 72,119 | 73,477 | 1.85% | |
| 2010 | 694 | 660 | 1,354 | 74,045 | 75,399 | 1.80% | |
| 2011 | 754 | 601 | 1,355 | 70,217 | 71,572 | 1.89% | |
| 2012 | 741 | 544 | 1,285 | 69,030 | 70,315 | 1.83% | |
| 2013 | 700 | 522 | 1,222 | 63,327 | 64,549 | 1.89% | |
| 2014 | 727 | 532 | 1,259 | 64,074 | 65,333 | 1.93% | |
| 2015 | 749 | 647 | 1,396 | 62,912 | 64,308 | 2.17% | |
| 2016 | 771 | 665 | 1,436 | 63,813 | 65,249 | 2.20% | |
| 2017 | 755 | 620 | 1,375 | 63,027 | 64,402 | 2.14% | |
| 2018 | 820 | 682 | 1,502 | 62,813 | 64,315 | 2.34% | |
| 2019 | 744 | 675 | 1,419 | 62,146 | 63,565 | 2.23% | |
| 2020 | 666 | 448 | 1,114 | 49,119 | 50,233 | 2.22% | |
| 2021 | 665 | 527 | 1,192 | 55,227 | 56,419 | 2.11% | |
| 2022 | 949 | 765 | 1,714 | 68,894 | 70,608 | 2.43% | |
| 2023 | 827 | 799 | 1,626 | 66,333 | 67,959 | 2.39% | |
Religious performanceEdit
Since the mid-1960s, religious solemnizations of same-sex relationships have taken place in some Dutch churches.<ref name="rites">Template:Cite journal</ref> The Remonstrants were Europe's first Christian denomination to officially allow such solemnizations in 1986.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The first Remonstrant church marriage for two men was performed at Vrijburg in Amsterdam on 31 January 1987.<ref name="rites"/> The Mennonite Church in the Netherlands also allows solemnizations of same-sex marriages,<ref>Template:Cite journal</ref> while the Old Catholic Church of the Netherlands has allowed its ministers to perform same-sex marriages in its places of worship since 2006.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
The Protestant Church in the Netherlands, the largest Protestant denomination in the Netherlands, has allowed its congregations to perform same-sex marriages as "a union of love and faith before God" since 2004, and in practice many churches now conduct such ceremonies.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The Protestant Church was formed in 2004 by the merger of three Calvinist and Lutheran churches. The Evangelich Lutheran Church, one of these three churches, officially stated in 1995 that "there are no theological arguments against blessing same-sex couples", and many Lutheran congregations performed blessings of same-sex unions.<ref name="rites"/> In March 1979, a priest of the Dutch Reformed Church performed a "special but public church service" in Groningen in which two men "express[ed] the profound significance of their relationship, promise[d] fidelity to each other, and pray[ed] for their friendship". Conservative Protestants protested the decision.<ref name="rites"/>
The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In 1983, the union of two Protestant women, Harmanna Kalsbeek and Ria Bultena, was blessed at St. Joseph Cathedral in Groningen. While the blessing was meant to be secret, it was leaked to the media. The priest issued a public apology.<ref name="rites"/> In December 2023, the Holy See published Fiducia supplicans, a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Several bishops welcomed the declaration.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The Bishops' Conference of the Netherlands also expressed its support, stating that the church is "a welcoming church which will not deny anyone the support and succour of God", but emphasised its views that marriage is "only possible between a man and a woman".<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
Public opinionEdit
According to an Ifop poll conducted in May 2013, 85% of Dutch people supported allowing same-sex couples to marry and adopt children.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
The 2015 Eurobarometer found that 91% of the Dutch population thought same-sex marriage should be allowed throughout Europe, while 7% were opposed.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> A Pew Research Center poll, conducted between April and August 2017 and published in May 2018, showed that 86% of Dutch people supported same-sex marriage, 10% were opposed and 4% did not know or had refused to answer.<ref>Religion and society Template:Webarchive, Pew Research Center, 29 May 2018</ref> When divided by religion, 95% of religiously unaffiliated people, 90% of non-practicing Christians and 60% of church-attending Christians supported same-sex marriage.<ref>Being Christian in Western Europe Template:Webarchive, Pew Research Center, 29 May 2018</ref> Opposition was also 10% among 18–34-year-olds.<ref>Eastern and Western Europeans Differ on Importance of Religion, Views of Minorities, and Key Social Issues Template:Webarchive, Pew Research Center, 2017</ref>
The 2019 Eurobarometer found that 92% of Dutch people thought same-sex marriage should be allowed throughout Europe, while 8% were opposed.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> A Pew Research Center poll conducted between February and May 2023 showed that 89% of Dutch people supported same-sex marriage, 10% were opposed and 1% did not know or had refused to answer. When divided by political affiliation, support was highest among those on the left of the political spectrum at 94%, followed by those at the center at 92% and those on the right at 85%. Women (92%) were also more likely to support same-sex marriage than men (86%).<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The 2023 Eurobarometer found that support had increased to 94%, while 5% were opposed. The survey also showed that 94% of Dutch people thought that "there is nothing wrong in a sexual relationship between two persons of the same sex", while 6% disagreed.<ref name="Euro">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>
See alsoEdit
- LGBT rights in the Netherlands
- Same-sex marriage in Bonaire, Sint Eustatius and Saba
- Same-sex marriage in Aruba, Curaçao and Sint Maarten
- Samenlevingscontract
- Same-sex marriage in Belgium
- Same-sex marriage in France
- Same-sex marriage in Germany
- Same-sex marriage in Luxembourg
- Same-sex marriage in the United Kingdom
- Recognition of same-sex unions in Europe
NotesEdit
ReferencesEdit
Template:LGBT in the Netherlands Template:Europe in topic Template:Status of same-sex unions