The question if the crown princess would be able to wed a woman suddenly popped up in the Netherlands because of the approaching 18th anniversary of crown princess Amelia. But what about Belgium?
The simple answer is yes, our crown princess would be able to marry a woman. All because the constitution includes the right of equal marriage, which applies to royals as well. The only people who would be able to oppose this marriage would be the United Chambers. “This is a political matter, not a legal one after all”, says Hendrik Vuye, Constitution Specialist.
But the real problem people are discussing is “What if princess Elizabeth and her partner get children?”. Dutch PM Mark Rutte spoke of a ‘fundamental tension’ between the modern rights of families and the ‘closed system of hereditary monarchy’.
Even the Belgian constitution opposes. The succession is a matter of ‘natural and constitutional offspring’ according to the ‘first birthright’. The term ‘natural’ would sadly enough exclude the help of a sperm donor or adoption. The constitution suggests that it should be a descent within marriage, via a blood bond. “In this case we could speak of discrimination, which goes against the European Treaty of Human Rights. That’s going to be an interesting case”, adds Vuye.
But the constitution could be interpreted ‘creatively’. The United Chambers have the last word. It all revolves around the fact that the child should meet the requirements to take the throne. “It’s a political matter, not a legal one”, Vuye repeats. This should be reason enough to update Article 85 - about succession of the throne - to fit more into the 21st century according to Vuye.
Selina Vanhoutte, Atheneum Athena Ostend
