The country that blazed a trail for same-sex weddings
Ambassador Susanna Terstal talks about how the Netherlands pioneered marriage equality
equality was a matter of debate as early as 1960 in the Netherlands. It became law in 2001. At the time, the country was the first in the world to legalize marriage for samesex couples. “Some people had predicted that society would fall apart and family values would suffer. None of that has happened,” the Dutch ambassador to Greece, Susanna Terstal, tells Kathimerini.
The law in the Netherlands also provides for adoption and surrogacy, as long as it is not pursued commercially. Marriages of same-sex couples are also allowed in the Protestant Church in the Netherlands, with local churches free to decide whether to perform them or not. “Society is stronger when we make vows to each other and support each other. So I support marriage equality because of family values,” Terstal says.
The ambassador says societies should not be complacent on LGBTQI rights because homosexuality is still criminalized in 65 countries, and in some cases carries the death penalty.
– The Netherlands was the first member of the EU which established marriage for same-sex couples. When was the relevant legislation passed there and what are the results of its application up to today?
Indeed. In fact, the Netherlands was the first country in the world to open marriage to same-sex couples. Already in the 1960s there were activists who advocated for this. The Dutch Parliament decided in 1995 to create a special commission to investigate the possibility of introducing same-sex marriage. 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 new government promised to tackle the issue. A bill for the legalization of same-sex marriage was passed in the House of Representatives by 109 votes to 33 and by the Senate by 49 votes to 26. The law received royal assent by Queen Beatrix at the end of December 2000 and took effect on April 1, 2001, making the Netherlands the first country in the world to introduce marriage equality.
The main article of the law reads as follows: “A marriage can be entered into by two persons of different or the same sex.” It's important to stress that we didn't create special rights for a special group. That's why we don't call it gay marriage, but marriage equality. It is about equality for all, without discrimination based on who you are or whom you love.
Since 2004, same-sex religious marriages are also allowed within the Protestant Church in the Netherlands, with local churches having the freedom to conduct these or not.
The possibility for same-sex couples to marry is not just a paper reality: In 2022, the latest year for which we have the statistics, 1,714 marriages were conducted between partners of the same sex.
– And what does the legislative framework in the Netherlands provide for the adoption of children – or surrogacy – for samesex couples?
No, this is a misconception. On the contrary, simultaneously, with the equal marriage law in 2001, adoption for same-sex couples was also made possible. Under certain conditions, surrogacy is also permitted in the Netherlands. Intended parents are free to make a private arrangement with someone they know and are allowed to reimburse her for the cost of bearing the child. However, it is against the law to promote commercial surrogacy.
– How easy was it to pass samesex marriage legislation in the Netherlands? In fact, at that time there would plausibly have been even greater doubts on a social and – by extension – political level.
Like in Greece, there was considerable debate in society about marriage equality, especially since we were the first country in the world to do so. All sorts of arguments were put forward, but in the end most parties in Parliament agreed that equality for same-sex couples was more important than all the other considerations. And now you see that more than 20 years after the law was passed, there is a very broad consensus that this was indeed the right thing to do. Some people had predicted that society would fall apart and family values would suffer. None of that has happened.
– Even today there are reactions on this issue from sections of society that call for the need to preserve the hard core of the traditional family in Europe. What are your thoughts?
I would say to them that there is no need to be afraid. This is about equality, but it is also about something else: commitment. And if you believe in the importance of family and the ties that hold society together, this is a logical step. Because society is stronger when we make vows to each other and support each other. So I support marriage equality because of family values. For it is not acceptable to exclude people from entering into marriage simply because they love someone of the same sex.
– Would you say that LGBTI rights have been sufficiently developed at the European level? On the other hand, are you possibly concerned ahead of the European elections that the forces of the radical populist right will politically exploit the social concerns on these issues?
I think we can never be complacent. Marriage equality is not the final station on the road to equality: Our aim is a more equal and just society for all. Especially for young people who are discovering who they are, it can be quite threatening to hear that some people want to take your rights away. In 65 countries homosexuality is still criminalized, and in some the death penalty is even imposed. But also in Europe, and even in my own country, the Netherlands, violence and discrimination based on who you are or whom you love can still happen. So the fight continues. That's why the Netherlands in 2016 founded the Equal Rights Coalition together with Uruguay: to stand up for equality and dignity for all, regardless of your sexual orientation or gender identity. There are now 43 member-countries in this international coalition, and I'm glad to say Greece is as well.