Sint Maarten is governed by federal Netherlands law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, surgery not required
- Non-binary gender recognition
- ✖ Intersex only
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal with restrictions
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
Public Opinion
Sint Maarten is missing public opinion data.
Help expand our understanding of the public's view on LGBTQ+ issues in Sint Maarten by sharing a link to a survey from a reputable organization.
Suggest Public Opinion DataHistory
Homosexual activity in Sint Maarten is legal.
Current status
Since May 5, 1945
Since May 5, 1945
Legal
Canadian, British, Polish, Dutch, and American troops liberated the Netherlands during WW2 on this day.
Illegal (imprisonment as punishment)
During the German occupation of the Netherlands during World War II homosexuality was criminalized by Paragraph 175.
Legal
After liberated from the French, anti-sodomy laws were never introduced until the Nazi invasion in 1940
1730–1811
Illegal (death penalty as punishment)
Uncertain about punishments for homosexuality in the Dutch Republic.
Same-sex marriage in Sint Maarten is legal.
Current status
Since Apr 1, 2001
Since Apr 1, 2001
Legal
The Netherlands became the first country in the world to legalize gay marriage. The Lower Chamber voted 109 in favor on the same-sex marriage, with 33 against on September 12, 2000. On December 19, the Higher Chamber votes 'yes' on the bill. Queen Beatrix ratified the law on December 21st and it went into effect on April 1, 2001.
Censorship of LGBT Issues in Sint Maarten is no censorship.
Current status
No censorship
In Netherlands, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Sint Maarten is legal, surgery not required.
Current status
Since Dec 18, 2013
Since Dec 18, 2013
Legal, surgery not required
In a landmark ruling, the Supreme Court ruled in favour of not requiring surgery to change one's gender on official documents.
Legal recognition of non-binary gender in Sint Maarten is intersex only.
Current status
Intersex only
Article 19(c) of the Civil Code establishes that “if the child’s gender is doubtful, the birth certificate will record that the sex of the child could not be determined”. After three months, a doctor may issue a medical certificate stating whether the child’s gender is impossible to determine or concluding that the newborn must be recorded under a specific gender.
Until 2023
Recognized
Judges in Arnhem have ruled that a non-binary person does not have to involve an outside expert to assess whether they should be allowed to have X in their passport, rather than M or V.
LGBT discrimination in Sint Maarten is illegal.
Current status
Since Feb 2023
Since Feb 2023
Illegal
Sexual orientation was added as a protected category from discrimination in the constitution of the Netherlands after votes in Senate and House Of Representatives were successful. Previously the Equal Rights Act of 1993 protected sexual orientation and had been interpreted to protect gender identity, expression and sex characteristics as well.
LGBT employment discrimination in Sint Maarten is sexual orientation and gender identity.
Current status
Since Jan 1, 1993
Since Jan 1, 1993
Sexual orientation and gender identity
LGBT housing discrimination in Sint Maarten is sexual orientation and gender identity.
Current status
Since Jan 1, 1993
Since Jan 1, 1993
Sexual orientation and gender identity
Full discrimination protection.
Same-sex adoption in Sint Maarten is legal.
Current status
Since Sep 12, 2000
Since Sep 12, 2000
Legal
Serving openly in military in Sint Maarten is legal.
Current status
Since 1974
Since 1974
Legal
The Netherlands became the first country to allow gay soldiers to serve in the military openly.
Blood donations by MSMs in Sint Maarten is legal with restrictions.
Current status
Since Sep 1, 2021
Since Sep 1, 2021
Legal with restrictions
People who are in a monogamous same sex relationship can now donate blood without deferral.
Conversion therapy in Sint Maarten is not banned.
Current status
Not banned
Conversion therapy is not banned in the Netherlands. It will get banned when the Cabinet is ready to make new laws. Possibly could be next country to ban it.
Equality Index ?
N/A
There is not enough information on Sint Maarten for an Equality Index to be assigned. Please contribute LGBTQ+ rights information or survey results that show the public opinion of LGBTQ+ issues in Sint Maarten to help improve its accuracy.
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