Same-sex marriage in the Netherlands

Same-sex marriage has been legal in the Netherlands since 1 April 2001. 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. The law received royal assent by Queen Beatrix on 21 December, 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. This legal status of unregistered partnerships is respected by Dutch courts.

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.

Registered partnerships

On 1 January 1998, registered partnerships (, ) 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. 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.

Same-sex marriage

Legislative action

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.

{| class="wikitable"

|+ 12 September 2000 vote in the House of Representatives

! Party !! style="width:17%;"| Voted for !! Voted against !! Absent (Did not vote)

| Labour Party

| style="background:#cfc;"|

| People's Party for Freedom and Democracy

| style="background:#cfc;"|

| –

| Christian Democratic Appeal

| style="background:#ffaeb9;"|

| Democrats 66

| style="background:#cfc;"|

| –

| GroenLinks

| style="background:#cfc;"|

| –

| Socialist Party

| style="background:#cfc;"|

| –

| Christian Union

| –

| style="background:#ffaeb9;"|

| –

| Reformed Political Party

| –

| style="background:#ffaeb9;"|

| –

| style="text-align:center;" rowspan="2" | Total || || style="text-align:center;" | 33 || style="text-align:center;" | 8

| style="text-align:center;" |

The Senate approved the bill on 19 December 2000 by 49 to 26 votes. 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.

{| class="wikitable"

|+ 19 December 2000 vote in the Senate

! Party !! style="width:17%;"| Voted for !! Voted against !! Absent (Did not vote)

| Christian Democratic Appeal

| –

| style="background:#ffaeb9;"|

| –

| People's Party for Freedom and Democracy

| style="background:#cfc;"|

| –

| Labour Party

| style="background:#cfc;"|

| –

| GroenLinks

| style="background:#cfc;"|

| –

| Democrats 66

| style="background:#cfc;"|

| –

| Christian Union

| –

| style="background:#ffaeb9;"|

| –

| Socialist Party

| style="background:#cfc;"|

| –

| Reformed Political Party

| –

| style="background:#ffaeb9;"|

| –

| Independent Senate Group

| style="background:#cfc;"|

| –

| style="text-align:center;" rowspan="2" | Total || || style="text-align:center;" | 26 || style="text-align:center;" | 0

| style="text-align:center;" |

Queen Beatrix gave her royal assent to the legislation on 21 December 2000. 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, who became a registrar specifically to officiate at the weddings. A few months earlier, 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 or more commonly as (). Similarly, in West Frisian, it is known as or more commonly as ().

Requirements and rights

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.

The only legal difference between same-sex and different-sex 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.

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.

Aruba, Curaçao and Sint Maarten

[[File:Same-sex_marriage_map_Netherlands.svg|thumb|right|250px|

]]

Aruba, Curaçao and Sint Maarten have separate civil codes from the Netherlands. As a result, same-sex marriage was not automatically legalised in these constituent countries by the 2001 law. 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. This makes Sint Maarten the only constituent country where same-sex marriages cannot be performed, though Dutch marriages are recognized there to some extent. Indeed, all territories of the Kingdom register same-sex marriages performed in the Netherlands 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.

Aruba has also recognised registered partnerships offering several of the rights and benefits of marriage since September 2021. Curaçao and Sint Maarten do not perform registered partnerships.

Bonaire, Sint Eustatius and Saba

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.

Opposition

In 2007, controversy arose when the new Fourth Balkenende Cabinet announced in its policy statement that officials who objected to same-sex marriage on principle could refuse to marry such couples. Some municipal councils governed by the Labour Party and GroenLinks opposed this policy, arguing that the job of a registrar is to marry all couples, not only opposite-sex couples. The opposition parties stated that if a registrar opposed same-sex marriages, they should not hold that post. The municipality of Amsterdam announced that it would not comply with this policy, and that registrars there would still be obliged to marry same-sex couples. In reaction, many other municipalities announced their rejection of the 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.

In 2014, Parliament passed a law that made it illegal for marriage officiants to refuse their services to same-sex couples. Previously, they could refuse to marry same-sex couples as long as municipalities ensured that other officiants were available to solemnize the marriages.

Royal same-sex weddings

In October 2021, Prime Minister Mark Rutte confirmed that members of the Dutch royal family may enter into same-sex marriages 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.

Impact

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."

Statistics

thumb|Two men marrying in [[Amsterdam on 1 April 2001, the first day in which the possibility to marry was opened to same-sex couples.]]

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.

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. 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. By 2015, 21,331 same-sex couples had married in the Netherlands; 11,196 female couples and 10,135 male couples.

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%. According to Statistics Netherlands, 32,709 same-sex marriages had been performed by the end of 2023:

{| class="wikitable sortable" style="text-align:left;"

|+Number of marriages performed in the Netherlands

! rowspan=2|Year

! colspan=3|Same-sex marriages

! rowspan=2| Opposite-sex<br/> marriages

! rowspan=2| Total<br/> marriages

! rowspan=2| %<br/> 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%

!2024

|942||832||1,774||66,908||68,682||2.58%

Religious performance

Since the mid-1960s, religious solemnizations of same-sex relationships have taken place in some Dutch churches. The Remonstrants were Europe's first Christian denomination to officially allow such solemnizations in 1986. The first Remonstrant church marriage for two men was performed at Vrijburg in Amsterdam on 31 January 1987. while the Old Catholic Church of the Netherlands has allowed its ministers to perform same-sex marriages in its places of worship since 2006.

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. 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. Several bishops welcomed the declaration. 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".

Public opinion

According to an Ifop poll conducted in May 2013, 85% of Dutch people supported allowing same-sex couples to marry and adopt children.

The 2015 Eurobarometer found that 91% of the Dutch population thought same-sex marriage should be allowed throughout Europe, while 7% were opposed. 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. When divided by religion, 95% of religiously unaffiliated people, 90% of non-practicing Christians and 60% of church-attending Christians supported same-sex marriage. Opposition was also 10% among 18–34-year-olds.

The 2019 Eurobarometer found that 92% of Dutch people thought same-sex marriage should be allowed throughout Europe, while 8% were opposed. 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%). 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.

Same-sex marriage in the Netherlands

Registered partnerships

Same-sex marriage

Legislative action

Requirements and rights

Aruba, Curaçao and Sint Maarten

Bonaire, Sint Eustatius and Saba

Opposition

Royal same-sex weddings

Impact

Statistics

Religious performance

Public opinion

See also

Notes

References