Same-sex marriage has been legal in the Netherlands since 1 April 2001.[1][2] 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 of the Netherlands 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.[3]
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 final constituent country of the Kingdom of the Netherlands, Sint Maarten, does not perform or fully recognize same-sex marriages.
Unregistered partnerships or informal cohabitation (samenwonen) occur 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 (samenlevingscontract) 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.[4][5] This legal status of unregistered partnerships is respected by Dutch courts.[6]
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.[7]
On 1 January 1998, registered partnerships (Dutch: geregistreerd partnerschap, pronounced [ɣəreːɣɪˈstreːrt ˈpɑrtnərsxɑp])[a] 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.[10] 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.[6]
Partnerships have become particularly common among Dutch couples, with about 18,000 new partnerships registered every year.[11]
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. 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.[12][13][14]