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In December 2004, an island lower court ruled that the marriage between Charlene and Esther Oduber-Lamer in the Netherlands should be recognized in Aruba. Citing Esther's inability to receive health benefits from Charlene's job, as entitled to a spouse in a heterosexual marriage, the couple launched the challenge the previous year, accusing Aruba's government of discrimination.

The Government's stance was and continues to be that the civil code does not allow for same-sex marriage, and that it goes against Aruba's way of life.

The Government appealed to the Common Court of Justice of the Netherlands Antilles and Aruba, hoping to get the lower-court ruling overturned. However, the Common Court agreed with the lower court's decision, stating that: "The Dutch marriage can be inscribed in the register. Since Aruba is part of the Kingdom of the Netherlands, it must comply with demands of the Kingdom."

Aruban PM Nelson O. Oduber reacted by saying "we give neither legal nor moral recognition to same-sex marriages." Nearly 80% of citizens residing in Aruba are Catholic, and therefore the issue of same-sex marriage is one where opposition is large, and most couples flee back to Netherlands where gay marriage was legalized in 2001.

The couple reported that they often had rocks thrown at them, were suffering from depression, and are currently residing in the Netherlands after leaving Aruba in November 2003 because of harassment when they tried to register as a married couple. Aruba, which lies off the northern coast of Venezuela, is an autonomous nation that forms part of the Kingdom of the Netherlands.

Dutch statutes require that all members of the Kingdom of the Netherlands - Aruba, The Netherlands and the Netherlands Antilles - recognize each other's legal documents, including marriage certificates.

The Government has said it will go into cassation at the High Council in the Hague.

• Politics of Aruba

• Dutch & Arubans At Odds Over Gay Marriage (Associated press)