If an heir to the throne of the Netherlands wants to be Head of State, he must marry a couple who is of different sex, but the social debate posed a key question: What happens if, in the 21st century, Princess Amalia wants to marry With a woman? She will be accepted as Queen, guarantees the government.
The question posed by a deputy of the Liberal Party (VVD) of Prime Minister, Mark Rutte, who urged clarifying whether Princess Amalia would have to give up the throne in case of wanting to marry someone of the same sex, something that the head of government He was saying that "it will not be an obstacle" for the cabinet, whoever is the heir to the throne.
"The Government believes that the heir can also marry a person of the same sex and does not see a legal obstacle allow the marriage of an heir with a person of the same sex, therefore, the cabinet does not consider an heir to the throne or the King must abdicate if he wants to marry a couple of the same sex, "Rutte said.
The problem, which did not prevent an heir from falling in love with someone of the same sex, but could marry that person with the essential official consent of the Executive and the Legislative, poses doubts about how to deal with the succession to the subsequent throne: Rutte only says that It should be clear who are the children in a marriage between two people of the same sex and agreements must be made in this regard if the case was given.
It is not clear whether the children adopted or those conceived, for example, through a donor of sperm or subrogated maternity will also be eligible to the throne, something that will have to be raised to the cabinet that governs at the time that this scenario really takes .
Although the Dutch Constitution is based on the idea of hereditary succession, the way in which modern family law is organized today does not automatically assume as "children" only those who biologically descend from parents to conceive them.
"The purpose of the constitutional provisions on succession is to determine on objective and unequivocal bases to who will pass the monarchy and thus achieve the politically desired certainty with respect to the succession," the prime minister actually added.
However, he added, it is inevitable that it exists "fundamentally a tension with the succession system" that collects the Dutch Constitution, which precisely aims to determine "on objective and unequivocal bases" who will be the king or queen of the Netherlands, and who Or it happens on the throne, that is, it refers to legal descendants and consanguineous kinship.
When Princess Amalia, who is still 17 years old and there is no signs even if he wants to marry someone in the short term, deciding to marry, the government and the two cameras in the Netherlands will have to consider the succession "in due time" In case there are children in the family of heiress who are not legal descendants of it.
In case of debate in the future to achieve the necessary consent on the heirs to the throne, the two chambers "can, if necessary, consider the position of the paternity law of children born to marriage" that is relevant and applicable in that moment.
"It is not appropriate now to anticipate such a weight with respect to succession (...). This depends too much on the facts and circumstances of the specific case, which, as can be seen with respect to family law, can change over time "Rutte concluded.
Amalia herself has never spoken publicly about her sexuality, but the reason for parliamentary questions Rutte originated after the publication last month of the book Amalia, the duty calls you, of the lawyer Peter Rehwinkel, in which he analyzed this hypothesis and concluded That, based on current standards, if Amalia wanted to marry a woman, she must give up the throne.
In 2001, the then Secretary of State for Justice, Job Cohen, reasoned that the monarchy is a hereditary institution and because two women or two men can not have biological children of their own marriage, that hereditary nature of royalty would be lost, But the scenario of homosexuality was never raised since then, so that statement was still valid.
Date Of Update: 15 October 2021, 07:40
