It seems that the treatment of the marriage law amendment, scheduled for discussion in parliament this Wednesday, May 8, 2024, will not happen without its political consequences. It appears that there may not necessarily be a clear outcome on that day; rather, the larger parties are assessing the impact that the law’s treatment will have on their voters. The two largest parties in Aruba must consider elderly/adult voters, who may not share the same views as the younger generation and may base their opinions and thoughts on religious principles.
Pressure on MEP
At least one movement, known as “Comishon Salba Aruba,” led by Lucio Thijzen, did not hide its thoughts and published them yesterday on social media. A fervent fan of the MEP party wrote, “I understand that the issue of same-sex marriage will be discussed on May 8 in a public parliamentary session.
In connection with this, Comishon Salba Aruba wants to make a dramatic plea to the political party MEP to, under no circumstances, support this law that contradicts the beliefs of our Creator. If we need to remind this government from another angle that, in our commission’s opinion, it is doing a tremendous disservice to Aruba’s well-being, so be it! But never to support this law just to please the RAIZ party and also just to keep this government together.
It’s very unfortunate. Comishon Salba Aruba is indeed in favor of more religious beliefs. Accepting this law would be catastrophic for the MEP party.
Discussion since 1991
This discussion is not new to the Parliament of Aruba. It has been ongoing since 1991 when the Dutch Government began to force these laws to be adapted into a Kingdom Law, in the form of consensus. The islands refused because they were not ready for this radical change. Over time, every few years, the discussion resurfaces and each time it’s shelved. It can be recalled that during the AVP government between 2009 and 2017, it was discussed again, especially by Parliamentarian Desiree Croes, but it did not pass due to lack of support within her own party and a majority in the Parliament of Aruba.
Two years ago, a new initiative was born
Two years ago, to be exact, on December 16, 2022, a total of four parliamentarians presented a completely new bill initiative, not a revision of Desiree Croes’ old one. It involves members Miguel J. Mansur, Drs. Marisol J. Tromp, Aquannette A. Gunn, and Raymicheline M.J. Raymond.
From the same day the bill initiative was submitted, a copy was immediately sent to the Raad van Advies for their advice. They took only two months, and as of February 15, 2023, they presented their advice to the Parliament of Aruba. In their final advice, they wrote, “The Council has no legal and policy objections to the proposed opening of marriage to persons of the same sex. He can agree with the objective and content of the design, and advises you to further proceed with it, after taking the above into consideration.” This letter and advice were signed by the president of the Raad van Advies, lawyer Mr. David Kock, and the secretary A. Braamskamp.
Last year the law was ready
With positive advice from the Raad van Advies and after treating the law in the Central Committee and issuing the final version including the changes in the law, by May 24, 2023, the law was “OV Klaar.” But it was requested to sit with various organizations. Thus, a petition from the Willemstad Bishopric for a meeting in June 2023 was received. Three months later, in September, a petition from the Christian Churches of Aruba was received for a meeting.
Following the petition of pastors Jansen and Garcia, who also wanted to speak. In October 2023, a document titled “Society Impact Study” was received, as well as another called “Reasons why same-sex marriage should not be legalized” from the Christian Churches of Aruba. In the same month, a petition was received to meet with the Pride Foundation and even with psychologist Rochelin de Cuba. In November 2023, a manifesto from “Pro Family” was received.
This year, an ultimatum was issued
Seeing that the President of Parliament unilaterally decided not to call the meeting, the four members who presented the bill initiative issued an ultimatum on February 21, 2024, giving Edgard Vrolijk 30 days to call the meeting. As a coalition partner, namely RAIZ, being part of the initiators of this law, they exerted coalition pressure. Thus, MEP felt caught between a rock and a hard place. On the same day, the president of the committee handling this bill, namely Parliamentarian Darlaine Guedez, sent a letter to Edgard Vrolijk requesting a few more months to be able to finish meeting with all the stakeholders.
Even more meetings
Due to the tension between MEP and RAIZ, it was decided to listen to more organizations that also wanted to be part of this discussion. So, on March 11, 2024, they met with the Youth and Family Center of the Social Affairs Directorate. On March 11, 2024, there was a presentation by the Youth and Family Center of the Social Affairs Directorate on the project “Spark in your relationship.” Also, on March 19, 2024, Parliament President, Mr. Edgard Vrolijk, responded to the four parliamentarians that he would wait for the committee’s meeting before calling the public meeting. Two days later, on March 21, 2024, Parliamentarian Misha Raymond sent a final letter urging the president to call the meeting in a few days.
MEP had to give in
On March 27, 2024, when it was noted that all other meetings would no longer take place because there was no guarantee that RAIZ would support any further decisions, it was informed that in April, the committee would finalize its work and call the public meeting on May 8, 2024.
Who’s for and who’s against?
Politically, the factions of RAIZ, ACCION 21, and MAS have already publicly expressed their support for the law. But that’s only five votes. It is predicted that five out of the nine MEP votes will be against. Those against in MEP are Hendrik Tevreden, Marco Berlis, Darlaine Guedez-Erasmus, Ricky Hoek, and Alvin Molina. Those who seem to be in favor of same-sex marriage in MEP are Shailiny Tromp-Lee, Setty Christiaans, Arthur Vallejo, and Edgard Vrolijk.
In the AVP faction, there are two members against, Mike Eman and Arthur Dowers, while Mike de Meza, Benny Sevinger, and Mervin Wyatt have no problem legalizing same-sex marriage. There are still two votes, those of Gerlien Croes, who seems to be in favor, and Rycond Santos, who is probably against. Note that everything they have announced in the press does not count until they vote in the Parliament of Aruba…that’s when the vote counts!
Now the score could become:
In favor: Against:
Raiz – 2 MEP – 5
Accion21 – 1 AVP – 2
MAS – 2 R.Santos – 1
MEP – 4 Total: 8 against
AVP – 3
G. Croes – 1
Total: 13 in favor
“Show your true colors”
If no change comes, Parliament will address this law in a public meeting on May 8, 2024. On that day, each parliamentarian will have to show their “true colors.” Many fear that their votes may influence their voters during the next election, scheduled for June 2025.
Vote yes or no… judgment is coming
But how much value the vote will have is not known because by the end of May, the Court of Cassation in the Netherlands is expected to make a decision on the protest initiated by Cabinet Wever-Croes II (formed by MEP and Raiz) against the Hof’s verdict of December 2023, which ruled in favor of “Fundacion Orguyo” and two other women, who argued that the law is discriminatory. If the Court of Cassation declares the Hof’s verdict correct, the Government will be obliged to change the law and allow same-sex couples to marry in Aruba with all the rights of non same-sex couples.
MEP: Waiting for judgment
If we follow the response of MEP Party leader from last week, Evelyn Wever-Croes indicated that if it were up to her, she would prefer to wait for the judgment of the Court of Cassation in The Hague, which indicated that it would make a decision before May 31, 2024. By dealing with the law in this way, it’s like walking into a courtroom, especially since it’s the same government of MEP and RAIZ who appealed to cassation.
MEP meets voters first
Strategically, the MEP Party organized an event called “Ban Topa” just one night before, on May 7, from 6:30 pm to 9:00 pm at the MEP headquarters in Papilon. Speakers will include Setty Christiaans, Shannon Henriquez, Edgard Vrolijk, and Evelyn Wever-Croes. They will elaborate on parliamentary work, childcare law, parliamentary presidency, and recovery and returns. Of course, MEP opened the avenue for its supporters to tell them face-to-face what they think of this law and thus exert pressure on the two parliamentarians with voting rights, on which direction the majority demands they go. This could lead to changes in each parliamentarian’s position based on pressure from their voters.
RAIZ: Decide before judgment
Politician Carlos Guiamo, who in the last election ranked #6 on the RAIZ party list and received 221 votes under his name, issued a statement on April 3, 2024, where he expressed his thoughts and opinions on the matter. Basically, he is in favor of legalizing same-sex marriage. In the end, he wrote: “In my opinion, it would be a very positive signal and message if Aruba’s own representatives in Parliament ensure the real recognition of equality between couples of different sexes and same-sex couples. This would have its added value for acceptance, compared to if civil marriage between same-sex couples were to be realized (by force) through a case in court against Aruba’s Government.”
The meeting won’t end
Following the public meetings of the Parliament of Aruba, Wednesday’s meeting is viewed with much skepticism. Most believe that either the meeting will not take place at all or it will start with bickering and insulting each other to such an extent that the President of Parliament will suspend the meeting until further notice. This buys time to avoid a vote before the verdict of the Court of Cassation in the Netherlands. The challenge is that the smaller parties stand to gain a lot from this law, while the larger ones are more likely to lose if they approve it, which is likely what will happen.
