Lesbian, gay, bisexual, and transgender (LGBT) people in Sint Maarten may face legal challenges not experienced by non-

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...

residents. Both male and female same-sex sexual activity are legal in

Sint Maarten Sint Maarten () is a constituent country of the Kingdom of the Netherlands in the Caribbean. With a population of 41,486 as of January 2019 on an area of , it encompasses the southern 44% of the divided island of Saint Martin, while the nort ...

, a constituent country of the

Kingdom of the Netherlands , national_anthem = ) , image_map = Kingdom of the Netherlands (orthographic projection).svg , map_width = 250px , image_map2 = File:KonDerNed-10-10-10.png , map_caption2 = Map of the four constituent countries shown to scale , capital = ...

, but

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...

is not legal. Same-sex couples with Dutch nationalityCitizens of Sint Maarten have Dutch nationality by '' jus sanguinis''. must travel to the

Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...

to get married, and that will not provide the rights of marriage in Sint Maarten.

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Sint Maarten. The age of consent is 15 and is equal for both heterosexual and homosexual intercourse.

Recognition of same-sex relationships

As part of the

, Sint Maarten must recognize as valid same-sex marriages registered in

the Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...

(including Bonaire, Sint Eustatius and Saba). Same-sex couples cannot legally marry on the island, however. In April 2015, representatives of all four constituent countries agreed that same-sex couples should have equal rights throughout the Kingdom. In August 2015, in the case of ''

Oliari and Others v Italy ''Oliari and Others v. Italy'' (Application nos. 18766/11 and 36030/11) is a case decided in 2015 by the European Court of Human Rights (ECtHR) in which the Court established a positive obligation upon member states to provide legal recognition fo ...

'', the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...

(ECHR) ruled that it is discriminatory to provide no legal recognition to same-sex couples. The ECHR has jurisprudence over Sint Maarten.

Discrimination protections

The Sint Maarten Criminal Code ( nl, Wetboek van Strafrecht), enacted in 2012, prohibits unfair discrimination and incitement to hatred and violence on various grounds, including "heterosexual or homosexual orientation". Article 1:221 describes discrimination as "any form of discrimination, exclusion, restriction or preference, which has the purpose or effect of impacting or affecting recognition, enjoyment or the exercise of human rights and fundamental liberties in political, economic, social or cultural fields or in other areas of social life." Articles 2:61 and 2:62 provide for penalties ranging from fines to one-year imprisonment.

Living conditions

Sint Maarten is noted as an LGBT-friendly travel destination, with various venues, hotels, beaches, bars and restaurants catering to LGBT clientele or otherwise advertising as welcoming. Numerous gay cruises visit the island every year. Sint Maarten society is described as tolerant of LGBT people, though gay magazines report that this tolerance "is more economic than social". Among the locals, discrimination and bullying tend to be more widespread, where there is a "subtle climate of homophobia". The presence of the Roman Catholic Church as the largest denomination on the island has also contributed to more societal prejudice, especially compared to the

. Nevertheless, locals are often described as having a "live and let live" mentality, and overt discrimination is very rare. There is, however, one known exception to this; in April 2006, a same-sex couple from

New York City New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...

was attacked outside a bar with tire irons by four men yelling anti-gay slurs. The couple was sent to hospital for serious injuries. The Dutch and Sint Maarten governments denounced the attack as "barbaric and heinous". The men were convicted in November 2006 of public violence and grievous bodily harm, with penalties ranging from six months to three years' imprisonment. One of the men had expressed remorse and had tried to stop the attack, resulting in a lesser sentence. There is one gay association on the island, known as Sint Maarten Alliance for Equality (SAFE). There is also an LGBT tourist website
Gaysxm
The website provides information on various venues and areas on the island for gay tourists. Gaysxm is an LGBT tourist information portal and has also other social media accounts where they give relevant information about gay life on the island.

Politics

The

Democratic Party Sint Maarten The Democratic Party Sint Maarten ( nl, Democratische Partij Sint Maarten) was a political party in Sint Maarten. The party was long associated with its powerful leader, business tycoon A business magnate, also known as a tycoon, is a person ...

and the United People's Party, which merged in 2017 to form the

United Democrats The United Democrats ( el, Ενωμένοι Δημοκράτες (ΕΔΗ), ''Enomenoi Dimokrates'' (EDI)) is a liberal political party in Cyprus. The party was founded by former President of Cyprus George Vasiliou in 1993 as ''Kinima Elefther ...

, both supported same-sex marriage. The Sint Maarten Christian Party has expressed opposition to same-sex marriage, but has stated that it supports "equal protections against discrimination, bullying and violence".

Summary table

Notes

References

{{DEFAULTSORT:Lgbt Rights in Sint Maarten