LGBT rights in Sint Eustatius


Lesbian, gay, bisexual, and transgender rights in Sint Eustatius are quite progressive by Caribbean standards. Sint Eustatius forms part of the Caribbean Netherlands and is a special municipalitiy of the Netherlands. Both male and female same-sex sexual activity are legal in Sint Eustatius, with same-sex marriage, registered partnership, and adoption being legal since 2012. In addition, discrimination on the basis of "heterosexual and homosexual orientation" is outlawed.

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Sint Eustatius.

Recognition of same-sex relationships

Same-sex marriage in Sint Eustatius became legal following the entry into force of a law enabling same-sex couples to marry there on 10 October 2012.
The issue of same-sex marriage caused considerable controversy in Sint Eustatius. In 2010, the Island Council expressed unanimous opposition to the extension of same-sex marriage to Sint Eustatius. The same-sex marriage law being passed by the Dutch House of Representatives led to calls of "neo-colonialism".

Discrimination protections

The Criminal Code BES, which applies to Sint Eustatius and the islands of Bonaire and Saba, criminalizes discrimination on the basis of "heterosexual and homosexual orientation". Article 144 provides for penalties varying from fines to two years' imprisonment.
In addition, Article 1 of the Constitution of the Netherlands applies to Sint Eustatius. The article reads "All persons in the Netherlands shall be treated equally in equal
circumstances. Discrimination on the grounds of religion, belief, political opinion, race or sex or on any other grounds whatsoever shall not be permitted."
The Netherlands Institute for Human Rights is a research institute which "protects, advances and monitors human rights". The Institute, established by law in 2010, works in the European Netherlands and also in the Caribbean Netherlands.

Living conditions

Due to Sint Eustatius' very small population, there is no gay scene on the island, nor any specific gay bars or venues. A majority of St. Eustatians affiliate with Christian churches, with Methodism and Roman Catholicism being the two largest denominations. As such, societal perceptions of LGBT people tend to reflect Christian mores, and gay and lesbian locals "tend to keep a low profile".

Summary table

Same-sex sexual activity legal
Equal age of consent
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas
Same-sex marriages
Recognition of same-sex relationships
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood