Civil Union In Switzerland
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Same-sex marriage in Switzerland has been legal since 1 July 2022. Legislation to open marriage to same-sex couples passed the Swiss Parliament in December 2020. The law was challenged in a referendum on 26 September 2021 by opponents of same-sex marriage and was approved with the support of 64% of voters and a majority in all 26
cantons A canton is a type of administrative division of a country. In general, cantons are relatively small in terms of area and population when compared with other administrative divisions such as counties, departments, or provinces. Internationally, t ...
. The law went into force on 1 July 2022. A provision of the law permitting same-sex marriages performed abroad to be recognised in Switzerland took effect on 1 January 2022.
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
allowed registered partnerships for same-sex couples from 1 January 2007, following a 2005 referendum. These partnerships provided most, but not all, of the rights and benefits of marriage. Entering into new partnerships is no longer possible as of 1 July 2022.


Registered partnerships

In a nationwide referendum on 5 June 2005, Swiss voters approved a registered partnership law by 58%, granting same-sex couples the same rights and protections as
married couples Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
in terms of
next of kin A person's next of kin (NOK) are that person's closest living blood relatives. Some countries, such as the United States, have a legal definition of "next of kin". In other countries, such as the United Kingdom, "next of kin" may have no legal d ...
status, taxation, social security, insurance, and shared possession of a dwelling. However, same-sex couples would not have the same rights in terms of joint
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
of children, access to fertility treatments, and facilitated Swiss naturalisation of the foreign partner. Swiss law provides a faster route to citizenship for the spouse of a Swiss citizen, but did not recognise same-sex marriages conducted in foreign countries, instead classing them as registered partnerships. The official title of the same-sex union is ''eingetragene Partnerschaft'' in
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ger ...
, ''partenariat enregistré'' in
French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...
, ''unione domestica registrata'' in Italian, and ''partenadi registrà'' in Romansh. The bill was passed by the National Council, 118 to 50, on 3 December 2003, and by the Council of States on 3 June 2004 by 33 votes to 5, with minor changes. The National Council approved it again on 18 June, by a vote of 112 to 51, but the conservative
Federal Democratic Union The Federal Democratic Union of Switzerland (German: ''Eidgenössisch-Demokratische Union'', EDU; French: ''Union Démocratique Fédérale'', UDF; Italian: ''Unione Democratica Federale'', UDF; Romansch: ''Uniun Democrata Federala'', UDF) is a na ...
collected signatures to force a referendum. Subsequently, the Swiss people voted 58% in favor of the bill on 5 June 2005. The law came into effect on 1 January 2007. Switzerland was the first nation to pass a same-sex union law by referendum. At the end of August 2008, the Federal Supreme Court ruled that long-term same-sex partners were entitled to the same vested benefits from the pension of the deceased as equivalent opposite-sex partners have. A shared apartment is not necessary. The ability to enter into a registered partnership was closed off on 1 July 2022. No further partnerships are granted in Switzerland, and couples may retain their status as registered partners or convert their union into a recognized marriage.


Adoption and parenting

Article 27 of the partnership law treats the matter of the partner's child(ren). The law states that the partner of the biological or adoptive parent must provide financial support for their partner's child and also possesses the full legal authority to represent the child in every matter as being the parent's partner. It also states that in the case of the dissolution of the partnership, the ex-partner has the right to keep close ties with the child. This gives couples a real role in being parents. In 2010, Swiss LGBT organisations started a petition, "Same Chances For All Families", demanding more
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
rights. On 30 September 2011, the National Council considered the petition but ultimately voted 83–97 against it. However, the debate and close vote provided a view on how attitudes on the issue had changed, as for example, Maja Ingold, MP for the Evangelical People's Party, spoke for more recognition of gay and lesbian parents, although her party had campaigned against the registered partnership law in 2005. It became clear that, while there was no majority for full joint adoption, allowing adoption of the partner's child (i.e. stepchild adoption) could gather majority support in Parliament. The Council of States accepted the petition and the Legal Affairs Committee approved a motion from MP
Claude Janiak Claude Janiak (born 30 October 1948) is a Swiss politician of Polish origin, lawyer and President of the Swiss National Council for the 2005/2006 term. Member of the Social Democratic Party (SPS), he was elected to the National Council in 1999 i ...
backing the right to full joint adoption regardless of marital status or sexual orientation. In November 2011, the committee voted unanimously in favour, including members of the conservative
Swiss People's Party The Swiss People's Party (german: Schweizerische Volkspartei, SVP; rm, Partida populara Svizra, PPS), also known as the Democratic Union of the Centre (french: Union démocratique du centre, UDC; it, Unione Democratica di Centro, UDC), is a nati ...
. In February 2012, the Federal Council responded by informing the Council of States that they were in favour of stepchild adoption but against full joint adoption rights. On 14 March 2012, the Council of States approved (21–19) the full extension of adoption rights to same-sex couples regardless of marital status or sexual orientation. As the National Council had originally voted against it in September 2011, the bill had to be voted on again by the chamber, which did so on 13 December 2012, as it voted 113–64 to grant a person in a registered partnership the right to adopt biological or adopted children that their partner had before the start of the partnership. However, the motion granting full adoption rights approved by the Council of States was rejected by the National Council. On 4 March 2013, the new version approved by the National Council on 13 December was accepted by the Council of States by a majority of 26–16. In November 2014, taking into account the parliamentary votes, the Federal Council approved allowing the adoption of the partner's child as part of a larger adoption reform. The bill would permit registered partners and cohabiting couples, both same-sex and different-sex, to petition to adopt, and would also lower the minimum age to adopt from 35 to 28. The legislation had to be approved by Parliament, though opponents had already announced they would force an optional referendum. For such a referendum to occur, citizens opposing the law had to gather 50,000 signatures within 100 days. In January 2016, the Council of States' Legal Affairs Committee voted 7 to 3 with one abstention to approve the bill. On 8 March 2016, the Council of States voted 25–14 in favor. Federal Councillor
Simonetta Sommaruga Simonetta Myriam Sommaruga (born 14 May 1960) is a Swiss politician who has served as a Member of the Swiss Federal Council since 2010. A member of the Social Democratic Party (SP/PS), she was President of the Swiss Confederation in 2015 and 202 ...
expressed her support for the bill and argued that it was necessary to legally protect children already raised by same-sex couples. On 13 May 2016, the National Council's Legal Affairs Committee voted 15–9 to approve the bill. The following day, it was approved by the National Council in a 113–64 vote. Differing texts caused the two chambers to agree on a final, slightly modified version of the bill that was passed in Parliament on 17 June 2016 by a vote of 125–68 with 3 abstentions. Following the final vote in Parliament, a referendum committee was established including members of several different political parties with the aim of forcing a referendum on the bill. No major party supported the committee. On 4 October 2016, it was confirmed that the referendum would not take place as only 20,000 signatures had been collected. The law took effect on 1 January 2018.


Statistics

The first same-sex partnership was registered on 2 January 2007 in the Italian-speaking canton of Ticino. By the end of 2021, 12,133 same-sex partnerships had taken place in Switzerland. Most partnerships were performed in the
canton Canton may refer to: Administrative division terminology * Canton (administrative division), territorial/administrative division in some countries, notably Switzerland * Township (Canada), known as ''canton'' in Canadian French Arts and ent ...
of Zürich at 3,725, followed by Vaud (1,322),
Bern german: Berner(in)french: Bernois(e) it, bernese , neighboring_municipalities = Bremgarten bei Bern, Frauenkappelen, Ittigen, Kirchlindach, Köniz, Mühleberg, Muri bei Bern, Neuenegg, Ostermundigen, Wohlen bei Bern, Zollikofen , website ...
(1,255), Geneva (1,104),
Aargau Aargau, more formally the Canton of Aargau (german: Kanton Aargau; rm, Chantun Argovia; french: Canton d'Argovie; it, Canton Argovia), is one of the 26 cantons forming the Swiss Confederation. It is composed of eleven districts and its capita ...
(644),
Basel-Stadt Basel-Stadt or Basel-City (german: Kanton ; rm, Chantun Basilea-Citad; french: Canton de Bâle-Ville; it, Canton Basilea Città) is one of the 26 cantons forming the Swiss Confederation. It is composed of three municipalities with Basel as t ...
(485), St. Gallen (421),
Lucerne Lucerne ( , ; High Alemannic German, High Alemannic: ''Lozärn'') or Luzern ()Other languages: gsw, Lozärn, label=Lucerne German; it, Lucerna ; rm, Lucerna . is a city in central Switzerland, in the Languages of Switzerland, German-speaking po ...
(409), Basel-Landschaft (402), Ticino (332), Fribourg (325), Valais (289), Solothurn (275), Thurgau (250),
Neuchâtel , neighboring_municipalities= Auvernier, Boudry, Chabrey (VD), Colombier, Cressier, Cudrefin (VD), Delley-Portalban (FR), Enges, Fenin-Vilars-Saules, Hauterive, Saint-Blaise, Savagnier , twintowns = Aarau (Switzerland), Besançon (France), ...
(174),
Zug , neighboring_municipalities = Cham, Baar, Walchwil, Steinhausen, Unterägeri , twintowns = Fürstenfeld (Austria), Kalesija (Bosnia-Herzegowina) Zug (Standard German: , Alemannic German: ; french: Zoug it, Zugo r ...
(157), Schwyz (130), Graubünden (129), Schaffhausen (88), Jura (55),
Appenzell Ausserrhoden Appenzell Ausserrhoden (; in English sometimes Appenzell Outer Rhodes) (german: Kanton Appenzell Ausserrhoden; rm, Chantun Appenzell Dadora; french: Canton d'Appenzell Rhodes-Extérieures; it, Canton Appenzello Esterno) is one of the 26 canton ...
(46), Glarus (29),
Nidwalden Nidwalden, also Nidwald (german: Kanton Nidwalden, ; rm, Chantun Sutsilvania; french: Canton de Nidwald; it, Canton Nidvaldo) is one of the 26 cantons forming the Swiss Confederation. It is composed of eleven municipalities and the seat of the ...
(28),
Obwalden Obwalden, also Obwald (german: Kanton Obwalden, rm, Chantun Sursilvania; french: Canton d'Obwald; it, Canton Obvaldo), is one of the 26 cantons forming the Swiss Confederation. It is composed of seven municipalities and the seat of the govern ...
(24),
Uri Uri may refer to: Places * Canton of Uri, a canton in Switzerland * Úri, a village and commune in Hungary * Uri, Iran, a village in East Azerbaijan Province * Uri, Jammu and Kashmir, a town in India * Uri (island), an island off Malakula Islan ...
(22), and
Appenzell Innerrhoden Appenzell Innerrhoden (; in English sometimes Appenzell Inner-Rhodes) (german: Kanton Appenzell Innerrhoden rm, Chantun Appenzell Dadens; french: Canton d'Appenzell Rhodes-Intérieures; it, Canton Appenzello Interno) is one of the 26 cantons ...
(13).


Cantonal laws


Cohabitation

Certain Swiss cantonal constitutions recognise and guarantee the right to cohabit and to found a family outside of marriage for both different-sex and same-sex couples; these include among others the constitutions of Vaud, Zürich,
Appenzell Ausserrhoden Appenzell Ausserrhoden (; in English sometimes Appenzell Outer Rhodes) (german: Kanton Appenzell Ausserrhoden; rm, Chantun Appenzell Dadora; french: Canton d'Appenzell Rhodes-Extérieures; it, Canton Appenzello Esterno) is one of the 26 canton ...
,
Basel-Stadt Basel-Stadt or Basel-City (german: Kanton ; rm, Chantun Basilea-Citad; french: Canton de Bâle-Ville; it, Canton Basilea Città) is one of the 26 cantons forming the Swiss Confederation. It is composed of three municipalities with Basel as t ...
,
Bern german: Berner(in)french: Bernois(e) it, bernese , neighboring_municipalities = Bremgarten bei Bern, Frauenkappelen, Ittigen, Kirchlindach, Köniz, Mühleberg, Muri bei Bern, Neuenegg, Ostermundigen, Wohlen bei Bern, Zollikofen , website ...
, Geneva,
Zug , neighboring_municipalities = Cham, Baar, Walchwil, Steinhausen, Unterägeri , twintowns = Fürstenfeld (Austria), Kalesija (Bosnia-Herzegowina) Zug (Standard German: , Alemannic German: ; french: Zoug it, Zugo r ...
, Schaffhausen, and Fribourg.


Registered partnerships

The canton of Geneva has had a partnership law on a cantonal level since 2001. It grants unmarried couples, both same-sex and opposite-sex, many of the same rights, responsibilities and protections as married couples. However, it does not allow benefits in taxation, social security, or
health insurance Health insurance or medical insurance (also known as medical aid in South Africa) is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance, risk is shared among ma ...
premiums (unlike the federal law). The law is based on the
French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...
civil solidarity pact. In autumn 2016, the Department of Public Instruction of Geneva introduced new forms in schools allowing same-sex parents to be recognized; the previous forms with boxes for "father" and "mother" were replaced with two boxes listing "parents". On 22 September 2002, the canton of Zürich passed a same-sex partnership law by referendum (62.7% in favor) that goes further than Geneva's law, but requires couples to live together for six months before registering. In July 2004, the
Grand Council of Neuchâtel The Grand Council of Neuchâtel (french: Grand Conseil du canton de Neuchâtel) is the legislature of the canton of Neuchâtel, in Switzerland. Neuchâtel, styled as a Republic and Canton (''République et Canton''), has a unicameral legisla ...
passed a law recognizing unmarried couples, with 65 votes to 38. Registered partnerships for same-sex couples are recognized in the Constitution of the
canton of Fribourg The canton of Fribourg, also canton of Freiburg (french: Canton de Fribourg ; german: Kanton Freiburg ; frp, Canton de Fribôrg rm, Chantun Friburg it, Canton Friburgo) is located in western Switzerland. The canton is bilingual, with French ...
. In May 2004, voters approved the Constitution with 58.03% in favor and 41.97% against. It took effect on 1 January 2005. Article 14(2) states: "The right to register a partnership for same-sex couples is guaranteed".
german: Das Recht zur Eintragung einer Partnerschaft für gleichgeschlechtliche Paare ist gewährleistet.


Marriage

On 6 June 2016, the
Cantonal Council of Zürich The Cantonal Council of Zürich (german: Zürcher Kantonsrat) is the legislature of the canton of Zürich, in Switzerland. Zürich has a unicameral legislature. The Cantonal Council has 180 seats, with members elected every four years. Election ...
rejected by a vote of 110–52 a proposal that would have defined marriage as "a union between one man and one woman" in the Constitution of Zürich. The proposal, introduced by the
Federal Democratic Union The Federal Democratic Union of Switzerland (German: ''Eidgenössisch-Demokratische Union'', EDU; French: ''Union Démocratique Fédérale'', UDF; Italian: ''Unione Democratica Federale'', UDF; Romansch: ''Uniun Democrata Federala'', UDF) is a na ...
(EDU/UDF), sought to constitutionally ban same-sex marriage in the canton. EDU and most members of the
Swiss People's Party The Swiss People's Party (german: Schweizerische Volkspartei, SVP; rm, Partida populara Svizra, PPS), also known as the Democratic Union of the Centre (french: Union démocratique du centre, UDC; it, Unione Democratica di Centro, UDC), is a nati ...
were in favor of the measure, while all other parties, including the Christian Democratic People's Party and the Evangelical People's Party, were opposed. The EDU subsequently gathered 6,000 signatures to force a cantonal referendum on the issue. The referendum took place on 27 November 2016, where the proposal was overwhelmingly rejected; 80.9% voted against it, while 19.1% voted in favor. Voters in Zürich's
Aussersihl Aussersihl is a district in the Swiss city of Zürich. Known officially as District number 4, the district is known as colloquially ''Chreis Cheib'', ''cheib'' being the Zürich German word for an animal cadaver. It earned the name as the area hi ...
and Industriequartier districts voted "No" by more than 92%.Mariage pour tous: "non" à la contre-attaque de l'UDF zurichoise
All municipalities rejected the proposal.


Same-sex marriage

In 2012, Parliament requested that the executive Swiss Federal Council examine how to update family law to reflect changes in society. In March 2015, the council released its governmental report about marriage and new rights for families, raising the possibility of the introduction of registered partnerships for straight couples and marriage for gay and lesbian couples. Federal Councillor
Simonetta Sommaruga Simonetta Myriam Sommaruga (born 14 May 1960) is a Swiss politician who has served as a Member of the Swiss Federal Council since 2010. A member of the Social Democratic Party (SP/PS), she was President of the Swiss Confederation in 2015 and 202 ...
, in charge of the Federal Department of Justice and Police, also stated she hoped that gay and lesbian couples would soon be allowed to marry.


Political parties and support

Same-sex marriage is supported by the
Green Party A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence. Greens believe that these issues are inherently related to one another as a foundation ...
(GPS/PES), the Conservative Democratic Party (BDP/PBD), the
Social Democratic Party The name Social Democratic Party or Social Democrats has been used by many political parties in various countries around the world. Such parties are most commonly aligned to social democracy as their political ideology. Active parties For ...
(SP/PS), the
Green Liberal Party The Green Liberal Party of Switzerland (german: Grünliberale Partei der Schweiz, glp; french: Parti vert'libéral, pvl), abbreviated to glp, is a centrist green-liberal political party in Switzerland. Founded in 2007, the party holds sixteen ...
(glp/pvl), the Swiss Party of Labour (PdA/PST-POP), The Liberals (FDP/PLR), the Christian Democratic People's Party (CVP/PDC), and
Solidarity ''Solidarity'' is an awareness of shared interests, objectives, standards, and sympathies creating a psychological sense of unity of groups or classes. It is based on class collaboration.''Merriam Webster'', http://www.merriam-webster.com/dictio ...
. The
Swiss People's Party The Swiss People's Party (german: Schweizerische Volkspartei, SVP; rm, Partida populara Svizra, PPS), also known as the Democratic Union of the Centre (french: Union démocratique du centre, UDC; it, Unione Democratica di Centro, UDC), is a nati ...
(SVP/UDC), the Evangelical People's Party (EVP/PEV), the Ticino League and the
Federal Democratic Union The Federal Democratic Union of Switzerland (German: ''Eidgenössisch-Demokratische Union'', EDU; French: ''Union Démocratique Fédérale'', UDF; Italian: ''Unione Democratica Federale'', UDF; Romansch: ''Uniun Democrata Federala'', UDF) is a na ...
(EDU/UDF) are mostly opposed. In 2017, the CVP president, Gerhard Pfister, said he believed that around two-thirds of CVP lawmakers opposed same-sex marriage. However, a 2019 survey showed that about 83% of CVP candidates running in the October 2019 federal election were in favour of same-sex marriage. The same survey showed that 48% of SVP candidates were in favour. In April 2018, the women's wing of The Liberals voted by 56 votes to 2 to support same-sex marriage. On 26 January 2019, the national Swiss People's Party adopted a new party programme. A proposal to strike the party's opposition to same-sex marriage was rejected by the delegates with a vote of 166 to 126. During a 2019 public consultation on the legalisation of same-sex marriage, the governments of Geneva, Vaud, Zürich,
Bern german: Berner(in)french: Bernois(e) it, bernese , neighboring_municipalities = Bremgarten bei Bern, Frauenkappelen, Ittigen, Kirchlindach, Köniz, Mühleberg, Muri bei Bern, Neuenegg, Ostermundigen, Wohlen bei Bern, Zollikofen , website ...
,
Basel-Stadt Basel-Stadt or Basel-City (german: Kanton ; rm, Chantun Basilea-Citad; french: Canton de Bâle-Ville; it, Canton Basilea Città) is one of the 26 cantons forming the Swiss Confederation. It is composed of three municipalities with Basel as t ...
, Basel-Landschaft,
Aargau Aargau, more formally the Canton of Aargau (german: Kanton Aargau; rm, Chantun Argovia; french: Canton d'Argovie; it, Canton Argovia), is one of the 26 cantons forming the Swiss Confederation. It is composed of eleven districts and its capita ...
,
Luzern , neighboring_municipalities= Adligenswil, Ebikon, Emmen, Horw, Kriens, Malters, Meggen, Neuenkirch Lucerne ( , ; High Alemannic: ''Lozärn'') or Luzern ()Other languages: gsw, Lozärn, label=Lucerne German; it, Lucerna ; rm, Lucerna . is a ...
, Valais, Schaffhausen, Graubünden, Ticino, Fribourg,
Neuchâtel , neighboring_municipalities= Auvernier, Boudry, Chabrey (VD), Colombier, Cressier, Cudrefin (VD), Delley-Portalban (FR), Enges, Fenin-Vilars-Saules, Hauterive, Saint-Blaise, Savagnier , twintowns = Aarau (Switzerland), Besançon (France), ...
, St. Gallen, Solothurn, Jura, Glarus,
Appenzell Ausserrhoden Appenzell Ausserrhoden (; in English sometimes Appenzell Outer Rhodes) (german: Kanton Appenzell Ausserrhoden; rm, Chantun Appenzell Dadora; french: Canton d'Appenzell Rhodes-Extérieures; it, Canton Appenzello Esterno) is one of the 26 canton ...
,
Zug , neighboring_municipalities = Cham, Baar, Walchwil, Steinhausen, Unterägeri , twintowns = Fürstenfeld (Austria), Kalesija (Bosnia-Herzegowina) Zug (Standard German: , Alemannic German: ; french: Zoug it, Zugo r ...
,
Uri Uri may refer to: Places * Canton of Uri, a canton in Switzerland * Úri, a village and commune in Hungary * Uri, Iran, a village in East Azerbaijan Province * Uri, Jammu and Kashmir, a town in India * Uri (island), an island off Malakula Islan ...
and Thurgau expressed support for the opening of marriage to same-sex couples, while the governments of Schwyz,
Nidwalden Nidwalden, also Nidwald (german: Kanton Nidwalden, ; rm, Chantun Sutsilvania; french: Canton de Nidwald; it, Canton Nidvaldo) is one of the 26 cantons forming the Swiss Confederation. It is composed of eleven municipalities and the seat of the ...
,
Appenzell Innerrhoden Appenzell Innerrhoden (; in English sometimes Appenzell Inner-Rhodes) (german: Kanton Appenzell Innerrhoden rm, Chantun Appenzell Dadens; french: Canton d'Appenzell Rhodes-Intérieures; it, Canton Appenzello Interno) is one of the 26 cantons ...
and
Obwalden Obwalden, also Obwald (german: Kanton Obwalden, rm, Chantun Sursilvania; french: Canton d'Obwald; it, Canton Obvaldo), is one of the 26 cantons forming the Swiss Confederation. It is composed of seven municipalities and the seat of the govern ...
expressed opposition. Several organisations and associations also came out in support, including LGBT and feminist groups, Operation Libero, the National Ethics Committee, ProFamilia CH, the Swiss Psychological Society, and religious groups such as the Old Catholic Church, the Protestant Church of Switzerland and the Swiss Federation of Jewish Communities. Opposition was found mainly among pro-life and religious groups, including the Episcopal Conference of Switzerland. On 15 August 2019, Gottfried Locher, president of the Protestant Church of Switzerland, declared his personal support for same-sex marriage. In November 2019, the Protestant Church voted to support the opening of marriage to same-sex couples. This followed a June 2019 statement from the church, "We are created by God. We cannot choose our sexual orientation. We perceive it as an expression of creative fullness."


Popular initiative "For the couple and the family"

In 2011, the Christian Democratic People's Party (CVP/PDC) began gathering signatures for a popular initiative entitled "For the couple and the family - No to the penalty of marriage" (german: Für Ehe und Familie - gegen die Heiratsstrafe; french: Pour le couple et la famille - Non à la pénalisation du mariage; it, Per il matrimonio e la famiglia - No agli svantaggi per le coppie sposate; rm, Per la lètg e la famiglia - Na als dischavantatgs per pèrs maridads). This initiative sought to amend article 14 of the
Swiss Federal Constitution The Federal Constitution of the Swiss Confederation (SR 10; german: Bundesverfassung der Schweizerischen Eidgenossenschaft (BV); french: Constitution fédérale de la Confédération suisse (Cst.); it, Costituzione federale della Confederaz ...
to equalise fiscal rights and social security benefits between married couples and unmarried cohabiting couples. However, the text would have also introduced a definition of marriage for the first time, specifically the "sole union between a man and a woman". Under Swiss law, cohabiting unmarried couples are entitled to two full
pension A pension (, from Latin ''pensiō'', "payment") is a fund into which a sum of money is added during an employee's employment years and from which payments are drawn to support the person's retirement from work in the form of periodic payments ...
s. However, the pension of married couples is limited to 150% of the maximum pension per person, meaning that if both partners earn relatively well during their working life, they receive only one and a half times the maximum pension instead of two full pensions. In November 2012, signature gathering ended and the initiative was submitted. The Federal Council reviewed the initiative and decided to support it, formally asking Parliament in October 2013 to recommend that voters approve the initiative. On 10 December 2014, the National Council discussed the initiative. The Greens proposed to amend the bill stating that "any forms of unions" could not be penalised and the Green Liberals proposed to amend the bill so that "marriage and all the other forms of union defined by the law" could not be penalised. The debate opposed mainly the Swiss People's Party and the Christian Democrats to the Green Liberals, the Greens, the Social Democrats and the Conservative Democrats. The Liberals were mostly divided on the issue. The Swiss People's Party and the Christian Democrats stated their opposition to "any form of
homophobia Homophobia encompasses a range of negative attitude (psychology), attitudes and feelings toward homosexuality or people who are identified or perceived as being lesbian, gay or bisexual. It has been defined as contempt, prejudice, aversion, h ...
". On the other hand, the opposing parties highlighted the
discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
that would be introduced by the initiative and called for a future definition of marriage that would include same-sex couples. Some MPs called the Christian Democrats a "retrograde" party. After having rejected both counter-propositions from the Greens and the Green Liberals, the National Council finally approved a suggestion from the Commission for Economic Affairs and Taxation, which retained the spirit of the initiative but removed the definition of marriage as exclusively between a man and a woman. This counter-proposition was approved 102–86, thus rejecting the popular initiative and recommending to the Swiss electorate to reject the initiative and accept the counter-proposition. The Council of States approved the counter-proposition on 4 March 2015 in a 24–19 vote. The debate in the upper house also mainly focused on the definition of marriage, though the idea of equal fiscal rights and equal social security benefits between married couples and unmarried cohabiting couples was unopposed. A few Liberal members changed their mind, and the counter-proposition was rejected in the Council of States in a later vote. A subsequent conciliation conference in June 2015 of both chambers of Parliament decided to recommend rejecting the original initiative. On 19 June 2015, the formal order of Parliament recommending voters to reject the initiative was published. On 17 November 2015, the Federal Council also recommended rejecting the initiative. It had supported the initiative two years earlier, but now was obliged to change its position because Parliament was opposed.


Referendum

The Christian Democrats' proposal was put to a referendum on 28 February 2016, with voters deciding whether to define marriage as a "durable cohabitation of a man and a woman" that "must not be disadvantaged in comparison of other lifestyles", thus prohibiting same-sex marriage in the Swiss Federal Constitution. Amongst parliamentary parties, the Christian Democrats (apart from the Young Christian Democrats of Zürich and Geneva, which had declared opposition to the initiative of their parent party), the national-conservative Swiss People's Party and the conservative Evangelical People's Party campaigned for a "Yes" vote. Meanwhile, the Social Democrats, the Liberals, the Greens, the Conservative Democrats and the Green Liberals opposed the text and campaigned for a "No" vote, along with
Amnesty International Switzerland Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
,
Economiesuisse Economiesuisse is a Swiss corporate union, composed of the fusion of the Union suisse du commerce et de l'industrie ("Swiss union of commerce and industry") or Vorort, and of the Société pour le développement de l'économie suisse ("society fo ...
, the
Swiss Federation of Trade Unions The Swiss Trade Union Federation (, SGB; ; , USS) is the largest national trade union center in Switzerland. History The federation was founded in 1880 and represents 361,000 members in its affiliated unions (2015). The SGB has close ties with ...
and Operation Libero. A month before the vote, various polls showed 67% support (22 January 2016) and 53% support (17 February 2016). On 28 February 2016, the initiative was rejected by 50.8% of voters, with in favor and against, a margin of votes. The majority of the cantons approved the initiative (16.5 to 6.5), with the cantons of Geneva, Vaud,
Bern german: Berner(in)french: Bernois(e) it, bernese , neighboring_municipalities = Bremgarten bei Bern, Frauenkappelen, Ittigen, Kirchlindach, Köniz, Mühleberg, Muri bei Bern, Neuenegg, Ostermundigen, Wohlen bei Bern, Zollikofen , website ...
, Zürich,
Grisons The Grisons () or Graubünden,Names include: *german: (Kanton) Graubünden ; * Romansh: ** rm, label= Sursilvan, (Cantun) Grischun ** rm, label=Vallader, (Chantun) Grischun ** rm, label= Puter, (Chantun) Grischun ** rm, label=Surmiran, (Cant ...
,
Basel-Stadt Basel-Stadt or Basel-City (german: Kanton ; rm, Chantun Basilea-Citad; french: Canton de Bâle-Ville; it, Canton Basilea Città) is one of the 26 cantons forming the Swiss Confederation. It is composed of three municipalities with Basel as t ...
, Basel-Landschaft and
Appenzell Ausserrhoden Appenzell Ausserrhoden (; in English sometimes Appenzell Outer Rhodes) (german: Kanton Appenzell Ausserrhoden; rm, Chantun Appenzell Dadora; french: Canton d'Appenzell Rhodes-Extérieures; it, Canton Appenzello Esterno) is one of the 26 canton ...
opposing the initiative. During the referendum campaign, the Swiss Government informed voters that about 80,000 married couples were paying more tax than unmarried cohabiting couples, but later admitted that the true figure was almost half a million. The Christian Democratic Party filed a complaint in June 2018. On 10 April 2019, the referendum was declared invalid by the Federal Supreme Court, which ordered a re-vote. Days later, it was reported that a majority of the parliamentary bloc of the Christian Democratic Party opposed the initiative in its current form and wanted the definition of marriage to be removed. According to the '' Tages-Anzeiger'', the party was hoping that the Parliament would propose an alternative measure to eliminate the tax discrimination against married couples, so the party could withdraw its initiative without losing face. It was subsequently reported that the referendum would not be rerun as the Federal Council could either set a date for a new referendum, or establish a new law to go through the Federal Parliament. In the latter scenario, the Christian Democrats would have had the opportunity to withdraw their initiative, which was the party's preferred option. The vice-president of the party, Charles Juillard, said, "The party is ready to withdraw its initiative if the Federal Council puts an end to the tax penalty of marriage and the discrimination of spouses vis-à-vis the AVS ld-age and survivors' insurance" In early January 2020, the party chose to withdraw its initiative and announced it would begin collecting signatures for a second popular initiative. This initiative would again seek to equalise fiscal rights and social security benefits between married couples and unmarried cohabiting couples, but, unlike the previous one, it would not introduce a specific definition of marriage.


Parliamentary initiative "Marriage for All"


Parliamentary deliberations

The first legislative proposal to legalise same-sex marriage was introduced by Greens MP Ruth Genner in December 1998. The National Council tabled the measure in December 1999. In December 2013, the
Green Liberal Party The Green Liberal Party of Switzerland (german: Grünliberale Partei der Schweiz, glp; french: Parti vert'libéral, pvl), abbreviated to glp, is a centrist green-liberal political party in Switzerland. Founded in 2007, the party holds sixteen ...
submitted a parliamentary initiative, "Marriage for All",, ; french: Mariage pour tous, ; it, Matrimonio per tutti, ; rm, Lètg per tuts, . for a
constitutional amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
to legalise same-sex marriage. On 20 February 2015, the Committee for Legal Affairs of the National Council voted to proceed with the initiative, by 12 votes to 9 with 1 abstention. A petition supporting the measure was launched in May 2015. The signatures were submitted to the Legal Affairs Committee of the Council of States before it discussed the proposal, hoping to persuade the committee members to support it. On 1 September 2015, the committee voted by 7 votes to 5 to proceed with the initiative. The National Council's Legal Affairs Committee was then tasked to draft an act within two years (per Article 111 of the Constitution), i.e. by 2017. However, due to the complexity of the legal reform, it proposed on 11 May 2017 to extend the initiative's deadline by another two years (i.e. by 2019) and ask the government administration for further study of the issue. A minority consisting of the
Swiss People's Party The Swiss People's Party (german: Schweizerische Volkspartei, SVP; rm, Partida populara Svizra, PPS), also known as the Democratic Union of the Centre (french: Union démocratique du centre, UDC; it, Unione Democratica di Centro, UDC), is a nati ...
(SVP/UDC) wanted to block the initiative. On 16 June 2017, the National Council voted by 118–71 in favour of the committee's proposal to extend the deadline to 2019. The Legal Affairs Committee published its report on 17 May 2018, the
International Day Against Homophobia International Day Against Homophobia, Biphobia, Lesbophobia and Transphobia is observed on May 17 and aims to coordinate international events that raise awareness of LGBT rights violations and stimulate interest in LGBT rights work worldwide. By ...
. The committee recommended amending the Swiss Civil Code to remove the heterosexual definition of marriage and insert a gender-neutral definition. It also recommended amendments to the 1953 civil registration law, which defined marriage as being between a man and a woman, as well as to other laws, including laws relating to naturalisation. According to the committee and the Federal Department of Justice and Police, the proposal would automatically legalise joint adoption by married same-sex couples. As such, the committee recommended no changes to adoption law, which allows married couples to adopt without explicitly defining the term "marriage". On 6 July 2018, the committee voted against rejecting the initiative altogether, by 18–1, and subsequently voted to recommend the Federal Parliament to approve the initiative by 14 votes to 11. The committee concluded that the legalisation of same-sex marriage did not require amending the
Swiss Federal Constitution The Federal Constitution of the Swiss Confederation (SR 10; german: Bundesverfassung der Schweizerischen Eidgenossenschaft (BV); french: Constitution fédérale de la Confédération suisse (Cst.); it, Costituzione federale della Confederaz ...
, and that it could be achieved through changes to statutory law. Therefore, the Swiss electorate would not necessarily be called to vote on the initiative (though opponents could still force a referendum on the issue, which would require a simple majority of those voting to succeed). Despite opposition from LGBT groups,UN MARIAGE PAS SI ÉGALITAIRE DANS LES PLANS DU PARLEMENT
the committee decided not to include the right of lesbian couples to access
assisted reproductive technology Assisted reproductive technology (ART) includes medical procedures used primarily to address infertility. This subject involves procedures such as in vitro fertilization (IVF), intracytoplasmic sperm injection (ICSI), cryopreservation of gametes o ...
so that the initiative would have a higher chance of approval. In early July 2018, Operation Libero began collecting signatures in favour of same-sex marriage to persuade Parliament to legalise it, collecting 30,000 signatures within a week. On 14 February 2019, the committee approved the bill to allow same-sex marriage by 19 to 4 with one abstention. It was sent out for
public consultation Public consultation (Commonwealth countries and European Union), public comment (US), or simply consultation, is a regulatory process by which the public's input on matters affecting them is sought. Its main goals are in improving the efficiency, ...
. The bill would end registered partnerships, and couples would be able to convert their partnership into marriage. The consultation started on 14 March and lasted until 21 June 2019. It showed wide support for the legalisation of same-sex marriage among all main political parties, with the exception of the Swiss People's Party, and among 22 of the 26 cantonal governments. In January 2020, the Federal Council expressed its support for the same-sex marriage bill. On 11 June 2020, the National Council approved the bill with amendments allowing access to fertility treatments for lesbian couples in a 132–52 vote. The bill was supported by the Social Democrats, the Liberals, the Greens, the Green Liberals and the Conservative Democrats, while the Swiss People's Party was mostly opposed. The Christian Democrats announced they would support the bill if access to fertility treatments for lesbian couples was excluded. The bill passed the Council of States on 1 December 2020 with some minor amendments concerning fertility treatments, by a vote of 22–15 with 7 abstentions. It narrowly defeated, 22 to 20, a motion that would have required a constitutional amendment (which would have delayed the bill by years and mandated a referendum requiring a double majority of the people and the cantons). On 9 December, the National Council approved the changes made by the Council of States by 133 votes to 57 with 1 abstention. The final vote in both chambers took place on 18 December 2020. The Council of States approved the bill by 24 votes to 11 with 7 abstentions, and the National Council approved it by 136 votes to 48 with 9 abstentions.


Referendum

In Switzerland's system of semi-direct democracy, a statute is subject to a popular referendum if opponents collect 50,000 signatures demanding one within three months. The right-wing
Federal Democratic Union The Federal Democratic Union of Switzerland (German: ''Eidgenössisch-Demokratische Union'', EDU; French: ''Union Démocratique Fédérale'', UDF; Italian: ''Unione Democratica Federale'', UDF; Romansch: ''Uniun Democrata Federala'', UDF) is a na ...
(EDU/UDF), supported by politicians from the Swiss People's Party and the Christian Democratic People's Party, collected 61,027 signatures with the slogan "Yes to marriage and family, no to marriage for everyone". The Federal Chancellery validated the signatures on 27 April. In response to the announcement that opponents had gathered the necessary signatures, Operation Libero collected more than 100,000 signatures in support of same-sex marriage by late April 2021. The referendum, in which passage of the bill required a simple majority of the popular vote, took place on Sunday, 26 September 2021. 64.1% of voters and all
cantons A canton is a type of administrative division of a country. In general, cantons are relatively small in terms of area and population when compared with other administrative divisions such as counties, departments, or provinces. Internationally, t ...
supported the amendment. The vote made Switzerland the 30th country to introduce same-sex marriage, and one of the last in Western Europe. Federal Councillor Karin Keller-Sutter announced in a press conference later that Sunday evening that the legislation adopted in the referendum would enter into force on 1 July 2022. The first weddings of same-sex couples took place on that date. The legislation amended article 94 of the Swiss Civil Code to read: * in
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ger ...
: * in
French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...
: * in Italian: * in Romansh: :(To be able to marry, the prospective spouses must have reached 18 years of age and have the capacity of judgement) Provisions of the same-sex marriage law relating to the recognition of foreign marriages came into force on 1 January 2022. Same-sex couples who have married abroad will now have their union recognized as a marriage rather than a registered partnership.


Religious performance

In 2019, the Protestant Church of Switzerland voted to support the opening of civil marriage for same-sex couples, with its executive council voting 45–10 in favor. A majority of member churches allow same-sex marriages to be blessed in their places of worship, including those of the cantons of
Aargau Aargau, more formally the Canton of Aargau (german: Kanton Aargau; rm, Chantun Argovia; french: Canton d'Argovie; it, Canton Argovia), is one of the 26 cantons forming the Swiss Confederation. It is composed of eleven districts and its capita ...
,
Appenzell Appenzell is a historic canton in the northeast of Switzerland, and entirely surrounded by the canton of St. Gallen. Appenzell became independent of the Abbey of Saint Gall in 1403 and entered a league with the Old Swiss Confederacy in 1411, ...
, Basel-Landschaft,
Basel-Stadt Basel-Stadt or Basel-City (german: Kanton ; rm, Chantun Basilea-Citad; french: Canton de Bâle-Ville; it, Canton Basilea Città) is one of the 26 cantons forming the Swiss Confederation. It is composed of three municipalities with Basel as t ...
, Fribourg, Geneva, Glarus, Graubünden,
Lucerne Lucerne ( , ; High Alemannic German, High Alemannic: ''Lozärn'') or Luzern ()Other languages: gsw, Lozärn, label=Lucerne German; it, Lucerna ; rm, Lucerna . is a city in central Switzerland, in the Languages of Switzerland, German-speaking po ...
, Neuchâtel, Nidwalden, Obwalden, St. Gallen, Schaffhausen, Schwyz, Thurgau, Ticino, Valais, Vaud, Zürich, and Zug. Pastors are under no obligation to bless same-sex unions if this would contravene their personal beliefs. The Reformed Churches of the Canton Bern-Jura-Solothurn will allow its clergy to officiate at same-sex marriages from mid-2023. Some other member churches, including the Evangelical-Reformed Church of the Canton of Solothurn, the Evangelical Free Church of Geneva and the
Evangelical Reformed Church of Uri The Evangelical-Reformed Church of Uri is a Reformed state cantonal church in the canton of Uri. History By the end of 2002, the Uri Church was a member of the Evangelical Reformed Church Association of Central Switzerland . This broke up on 1 J ...
do not allow their clergy to officiate at same-sex weddings. In August 2020, the Christian Catholic Church of Switzerland voted to allow its priests to perform same-sex marriages in its churches. The measure went into force on 1 July 2022, the same day same-sex marriage became legal in Switzerland. The church has also allowed its priests to bless same-sex partnerships since 2007. The Catholic Church opposes same-sex marriage. In June 2019, the Swiss Union of Catholic Women voted to support the introduction of civil same-sex marriage. In May 2021, the Catholic News Agency reported that Catholic churches in Zürich had joined churches in many German cities in blessing same-sex couples, in ceremonies known as "blessing services for lovers" (german: Segnungsgottesdienste für Liebende). The Swiss Federation of Jewish Communities, an umbrella organisation representing a majority of Switzerland's Jewish communities, voted to support civil same-sex marriage in 2019 as a matter of "personal freedom and individual autonomy", while also stating that a religious marriage under Jewish law could only be between heterosexual couples.
Reform Jewish Reform Judaism, also known as Liberal Judaism or Progressive Judaism, is a major Jewish denomination that emphasizes the evolving nature of Judaism, the superiority of its ethical aspects to its ceremonial ones, and belief in a continuous searc ...
organisations also support civil same-sex marriages.


Public opinion

According to an Ifop poll conducted in May 2013, 63% of the Swiss public supported allowing same-sex couples to marry and adopt children. After the Legal Affairs Committee's decision to approve same-sex marriage, two opinion polls released on 22 February 2015 showed support of 54% ( Léger for '' Blick'') and 71% (gfs group for the '' SonntagsZeitung'') for allowing same-sex couples to marry and adopt children. A poll carried out between April and May 2016 showed that 69% of the Swiss population supported same-sex marriage, 25% opposed and 6% were unsure. 94% of Green voters, 59% of voters from the Swiss People's Party and 63% of Christian Democratic voters supported it. A poll by Tamedia conducted on 5 and 6 December 2017 found that 45% of the Swiss population supported both same-sex marriage and adoption, 27% supported only same-sex marriage, 3% supported only same-sex adoption and 24% were against both. The poll thus found a 72% majority in favour of same-sex marriage. Green, Social Democratic and Green Liberal voters were the most supportive: 88% in favour, 9% against and 3% undecided. 76% of Liberal voters supported the legalisation of same-sex marriage, while 22% opposed it, and 66% of Christian Democratic voters and 56% of Swiss People's Party voters supported same-sex marriage. A
Pew Research Center The Pew Research Center is a nonpartisan American think tank (referring to itself as a "fact tank") based in Washington, D.C. It provides information on social issues, public opinion, and demographic trends shaping the United States and the w ...
poll, conducted between April and August 2017 and published in May 2018, showed that 75% of
Swiss people The Swiss people (german: die Schweizer, french: les Suisses, it, gli Svizzeri, rm, ils Svizzers) are the citizens of Switzerland or people of Swiss abroad, Swiss ancestry. The number of Swiss nationality law, Swiss nationals has grown from ...
supported same-sex marriage, 24% were opposed and 1% did not know or refused to answer.Religion and society
, ''Pew Research Center'', 29 May 2018
When divided by religion, 89% of religiously unaffiliated people, 80% of non-practicing Christians and 58% of church-attending Christians supported same-sex marriage. Opposition was 16% among 18–34-year-olds. A public consultation held between March and June 2019 showed wide societal and political support for same-sex marriage in Switzerland. 83% of the participants to the consultation expressed support, and 63% expressed support for sperm donation and access to artificial insemination for lesbian couples. A February 2020 survey, conducted by the gfs group and requested by Pink Cross, found a 81% majority in favour of same-sex marriage (63% "strongly" supporting and 18% "somewhat" supporting), whereas 18% were opposed (10% "strongly" and 8% "somewhat") and 1% was undecided. By party, 96% of Greens, 92% of Social Democrats and Green Liberals, 77% of Liberals and 67% of Swiss People's Party voters supported same-sex marriage. Adoption was supported by 67% of respondents and access to fertility treatments for lesbian couples by 66%. In November 2020, another poll conducted by the gfs group found that 82% of respondents "strongly" or "somewhat" supported same-sex marriage, 17% were opposed and 1% were undecided; 72% supported adoption and 70% supported access to fertility treatments for lesbian couples.


See also

*
LGBT rights in Switzerland Lesbian, gay, bisexual, transgender (LGBT) rights in Switzerland are progressive by European standards. Their history is one of liberalisation at an increasing pace since the 1940s, in parallel to the legal situation in Europe and the Western wo ...
*
Recognition of same-sex unions in Europe Recognition may refer to: *Award, something given in recognition of an achievement Machine learning *Pattern recognition, a branch of machine learning which encompasses the meanings below Biometric *Recognition of human individuals, or biometr ...


Notes


References


External links


Bundesgesetz über die eingetragene Partnerschaft gleichgeschlechtlicher Paare (Partnerschaftsgesetz, PartG)
''Fedlex'' (in German)
Loi fédérale sur le partenariat enregistré entre personnes du même sexe (Loi sur le partenariat, LPart)
''Fedlex'' (in French)
Legge federale sull'unione domestica registrata di coppie omosessuali (Legge sull'unione domestica registrata, LUD)
''Fedlex'' (in Italian)
History of the same-sex marriage legislation in the Federal Assembly of Switzerland
{{Use dmy dates, date=October 2019 LGBT rights in Switzerland
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
2022 in LGBT history 2022 in Switzerland