Liechtenstein
Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German-speaking microstate located in the Alps between Austria and Switzerland. Liechtenstein is a semi-constitutional monarchy ...
has recognized same-sex
registered partnerships since 1 September 2011 following approval by voters in a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
.
Registered partnerships
On 19 November 2001, MP Paul Vogt from the
Free List
A free list (or freelist) is a data structure used in a scheme for dynamic memory allocation. It operates by connecting unallocated regions of memory together in a linked list, using the first word of each unallocated region as a pointer to the n ...
submitted a
registered partnership
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
initiative to the
Landtag of Liechtenstein
The Landtag of the Principality of Liechtenstein (german: Landtag des Fürstentums Liechtenstein), commonly referred to as the Landtag of Liechtenstein (german: Liechtensteinischer Landtag), is the unicameral parliament of Liechtenstein.
Q ...
, which after a long discussion referred it to the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
for its opinion. The goal of reducing
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 ...
was undisputed; rather the kind of recognition and the timing compared to neighbouring countries were cause for discussion. On 15 April 2003, the Cabinet published its position on the matter; it compared the legal situation in Liechtenstein with
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
an countries with recognition of same-sex couples (e.g.
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
had recently introduced
registered life partnerships), but also with neighbouring
Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
and
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 ...
, which had no legal recognition of same-sex couples at the time. As the Cabinet saw no urgent need and preferred to await developments in Austria and especially Switzerland, it recommended rejection. On 14 May 2003, the Landtag discussed and rejected the initiative.
On 17 September 2007,
Amnesty International
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 ...
submitted a petition calling for the legal recognition of same-sex couples. A subsequent motion put forward in the Landtag by the Free List requesting that the Cabinet introduce a registered partnership law
similar to Switzerland's passed on 24 October 2007 with 19 representatives voting in favour and 6 voting against.
:
a. Part of the FBP-VU Coalition under Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Otmar Hasler
Otmar Hasler (born 28 September 1953) was the Prime Minister of Liechtenstein from 5 April 2001 to 25 March 2009.
Earlier life
He was educated at the University of Fribourg. Hasler served as President of the Landtag from January 1995 to Decem ...
.
In December 2009,
Justice Minister
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
Aurelia Frick
Aurelia Frick (born 19 September 1975) is a Liechtensteiner politician who served as Minister of Foreign Affairs, Education and Culture from 2009 until 2019.
Frick is a Doctor of law.
Personal life
She is married, has a son and a daughter and ...
announced she would finalise a draft of the registered partnership bill by January 2010. The draft was presented in April 2010. After the consultation period for the bill finished on 16 July, a few items were amended as a result of the discussion. The bill was described as very similar to the
Austrian law passed in autumn 2009. In August 2010,
Prince
A prince is a male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. ''Prince'' is also a title of nobility (often highest), often hereditary, in some European states. Th ...
Alois
Alois (Latinized ''Aloysius'') is an Old Occitan form of the name Louis. Modern variants include ''Aloïs'' (French), ''Aloys'' (German), ''Alois'' (Czech), '' Alojz'' ( Slovak, Slovenian), ''Alojzy'' ( Polish), ''Aloísio'' (Portuguese, Spanish ...
declared his support for the proposal. On 23 November 2010, the Cabinet formulated the final version of the bill, which was approved by Parliament in its
first reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...
on 16 December 2010. It passed its second reading on 16 March 2011 in a 21–0 vote, and was published on 21 March as the ''Registered Partnership Act'' (german: Partnerschaftsgesetz, ).
:
a. Part of the VU-FBP Coalition under Prime Minister Klaus Tschütscher
Klaus Tschütscher (born 8 July 1967) is a politician of the Principality of Liechtenstein. He was the twelfth Prime Minister of Liechtenstein from 25 March 2009 until being succeeded in this capacity on 27 March 2013. His Ministries were General ...
.
:
b. Served as a substitute deputy for Günther Kranz in the afternoon session.
According to a report approved by the government in October 2022, the partnership law uses "gender-equitable formulations" in its general clauses and legal definitions, implying that both same-sex and opposite-sex couples can enter into registered partnerships under the current law.
Referendum
A group called ''Vox Populi'' ("Voice of the People") announced its intention to force a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
on the new law. According to the
Constitution of Liechtenstein
The Constitution of the Principality of Liechtenstein (german: Verfassung des Fürstentums Liechtenstein) was promulgated on 5 October 1921, replacing the 1862 constitution. It was granted by Johann II, Prince of Liechtenstein, and established t ...
, the organization had until 21 April (30 days) to collect at least 1,000 signatures. As the necessary signatures were gathered (1,208 valid signatures), a referendum was held between 17 and 19 June 2011. The registered partnership law was approved by 68.8 percent of those who voted and thus went into effect on 1 September 2011.
By
municipality
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the go ...
, the "Yes" vote received its largest support in
Planken
Planken is a municipality in Oberland, Liechtenstein. It has four exclaves, two enclaves and a population of 473. Thus by population it is the smallest municipality of Liechtenstein.
Geography
It is located on the western slope of Drei Schwest ...
(at 73.4%), followed by
Schaan
Schaan () is the largest municipality of Liechtenstein by population. It is located to the north of Vaduz, the capital, in the central part of the country. it has a population of 6,039 making it the most populous administrative district in Lie ...
(73.0%) and
Ruggell
Ruggell is a municipality of Liechtenstein. It is the northernmost and lowest elevated municipality. As of 2019, it has a population of 2,322.
History
The name is said to be from the Latin for "clearing the land" (roncale - ad roncalem). Most know ...
(72.4%), whereas the highest "No" vote was recorded in
Eschen
Eschen (High Alemannic: ''Escha'') is a municipality in the north of Liechtenstein. It has a population of 4,466, and covers an area of . It is the fourth-largest town in Liechtenstein by population.
Geography
The municipality includes the villag ...
(40.8%).
Family name
In 2016, the Cabinet of Liechtenstein reformed family name law. Registered partners are now allowed to have a common family name; however, it is simply called "name" as opposed to "family name" for married couples, thus keeping a distinction. The reform was discussed in the Landtag on 4 March 2016 at first reading, and was approved in its second and final reading on 31 August 2016 by a vote of 25–0. It was published in the official gazette on 3 November 2016 and took effect on 1 January 2017.
Adoption rights
On 15 June 2021, the State Court of Liechtenstein ruled that registered partners should have the right to
adopt
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 ...
, and invalidated the sections of the 2011 partnership law which had forbidden such
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 ...
s. It gave Parliament one year to rectify the issue. Following the court decision, the government drafted a bill granting same-sex couples the right to adopt their stepchildren (i.e.
stepchild adoption
Lesbian, gay, bisexual, transgender (LGBT) rights in Italy significantly advanced in the 21st century, although LGBT people still face some legal challenges not experienced by non-LGBT residents. According to ILGA-Europe's 2021 report, the stat ...
), which was passed on 6 May 2022. On that same day, Parliament narrowly rejected an amendment that would have excluded same-sex couples from joint adoption and access to
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 ...
.
After a consultation period lasting from 6 July to 30 September 2022, the government passed a motion for full adoption equality for same-sex couples on 31 October 2022.
The proposal was discussed at first reading in the Landtag on 2 December 2022 and was passed in a 22 to 3 vote.
Statistics
Eleven registered partnerships were performed in the first two years following the entry into force of the new law. This made up 2.7% of all unions performed those two years. 8 partnerships were between male couples and 3 were between female couples. The number of registered partnerships performed in Liechtenstein per year is shown in the table below. The data is collected by the Office of Statistics (''Amt für Statistik'').
Same-sex marriage
Background
In June 2017, Justice Minister
Aurelia Frick
Aurelia Frick (born 19 September 1975) is a Liechtensteiner politician who served as Minister of Foreign Affairs, Education and Culture from 2009 until 2019.
Frick is a Doctor of law.
Personal life
She is married, has a son and a daughter and ...
said she was open to a public debate on the legalisation of
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
. MP Daniel Seger from the
Progressive Citizens' Party
The Progressive Citizens' Party in Liechtenstein (german: Fortschrittliche Bürgerpartei in Liechtenstein, FBP) is a national-conservative political party in Liechtenstein. The FBP is one of the two major political parties in Liechtenstein, a ...
(FBP), who helped draft the partnership law, welcomed the legalisation of
same-sex marriage in Germany
Same-sex marriage in Germany has been legal since 1 October 2017. A bill for the legalisation of same-sex marriage passed the Bundestag on 30 June 2017 and the Bundesrat on 7 July. It was signed into law on 20 July by President Frank-Walter Ste ...
and hoped Liechtenstein would follow suit.
In 2018, a same-sex couple, Lukas Oehri and Dario Kleeb, were denied a
marriage license
A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictio ...
at the Civil Registry Office in
Vaduz
Vaduz ( or , High Alemannic pronunciation: [])Hans Stricker, Toni Banzer, Herbert Hilbe: ''Liechtensteiner Namenbuch. Die Orts- und Flurnamen des Fürstentums Liechtenstein.'' Band 2: ''Die Namen der Gemeinden Triesenberg, Vaduz, Schaan.'' Hrsg. ...
. They filed suit in court, arguing that the same-sex marriage ban was a violation of the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
and the
Constitution of Liechtenstein
The Constitution of the Principality of Liechtenstein (german: Verfassung des Fürstentums Liechtenstein) was promulgated on 5 October 1921, replacing the 1862 constitution. It was granted by Johann II, Prince of Liechtenstein, and established t ...
. The Administrative Court (VGH, ''Verwaltungsgerichtshof'') ruled in the couple's favour, but the judgement was overturned on
appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
by the State Court (StGH, ''Staatsgerichtshof'') in September 2019. The StGH ruled, in case 2018/154, that banning same-sex marriage was not unconstitutional. However, the court concluded that several provisions of the 2011 partnership law were discriminatory, notably its provisions prohibiting registered partners from adopting. In response, the government announced it would evaluate the issue after "careful discussion".
Attempts at legalisation (2021–present)
Following the
Swiss National Council
The National Council (german: Nationalrat; french: Conseil national; it, Consiglio nazionale; rm, Cussegl naziunal) is the lower house of the Federal Assembly of Switzerland, the upper house being the Council of States. With 200 seats, the ...
's vote to legalize same-sex marriage on 11 June 2020, Amos Kaufmann from the LGBT group Flay expressed his hope that Liechtenstein would soon follow suit. The ''
Liechtensteiner Vaterland
''Liechtensteiner Vaterland'' (lit. "Liechtenstein Fatherland") is the largest daily newspaper in Liechtenstein
Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German-speak ...
'' newspaper wrote that the issue might "soon be on the political arena". Minister of Social Affairs
Mauro Pedrazzini
Mauro Pedrazzini (born June 15, 1965) is a politician from Liechtenstein who served as Minister of Social Affairs in the Government of the Principality of Liechtenstein from 2013 to 2021.
Pedrazzini has a PhD in physics and lives in Eschen.
C ...
said he expected discussion on the issue to become quite present in the lead up to the
February 2021 parliamentary election. A spokesman for the
Pariotic Union (VU) said the party had "more pressing issues", but said they would follow the developments in Switzerland and take a formal decision later on. FBP party president Marcus Vogt said the party was still debating whether to take an official stance in support of same-sex marriage. In an interview with Radio Liechtenstein in February 2021, Prince
Hans-Adam II
Hans-Adam II (Johannes Adam Ferdinand Alois Josef Maria Marco d'Aviano Pius; born 14 February 1945) is the reigning Prince of Liechtenstein, since 1989. He is the son of Prince Franz Joseph II and his wife, Countess Georgina von Wilczek. He a ...
expressed his support for same-sex marriage but said he opposed allowing same-sex couples to adopt. During the February 2021 election campaign, over 80% of candidates for the
Landtag
A Landtag (State Diet) is generally the legislative assembly or parliament of a federated state or other subnational self-governing entity in German-speaking nations. It is usually a unicameral assembly exercising legislative competence in non- ...
said they supported legalising same-sex marriage. Following the election, the ''Liechtensteiner Vaterland'' reported that there is a "solid majority" in the Landtag to legalise same-sex marriage. On 24 March 2021, the VU and the FBP signed a coalition agreement forming the next government, with the government programmme including the promise that "legal certainty for non-traditional family models will be improved".
A survey conducted by the youth wing of the
Free List
A free list (or freelist) is a data structure used in a scheme for dynamic memory allocation. It operates by connecting unallocated regions of memory together in a linked list, using the first word of each unallocated region as a pointer to the n ...
party, leading up to the 2021 general election, showed that the vast majority of elected representatives supported same-sex marriage, with the Free List, the FBP, and a large majority of the VU in support. The 2 members of the minor
Democrats for Liechtenstein party did not respond to the survey. 10 lawmakers were regarded as a "solid yes" vote, 9 as a "likely yes" vote, 3 as a "likely no" vote, and 1 as a "solid no" vote. Out of the 10 elected substitute members (who serve as substitute representatives in the event that an
MP cannot attend a parliamentary session), 8 of them responded to the survey, with 5 regarded as a "solid yes" vote, 2 as a "likely yes" vote, and 1 as a "likely no" vote. On 29 September 2021, the Landtag held a debate in which the majority of political parties broadly agreed that same-sex marriage should be legalized. It has called for a
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, ...
before legislating on the issue. On 11 August 2022, Prince Alois said that same-sex marriage is "not a major problem". On 21 September 2022, a motion calling on the government to introduce a bill legalizing same-sex marriage was submitted to the Landtag by 15 out of the 25 sitting members. The motion was discussed in the plenary session on 2 November 2022, and was passed by a 23–2 vote.
:
a. Part of the VU-FBP Coalition under Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Daniel Risch
Daniel Risch (born 5 March 1978) is a Liechtensteiner politician, and the incumbent Prime Minister of Liechtenstein. He was previously Deputy Prime Minister and Minister of Infrastructure, Economic Affairs and Sports from 2017 to 2021, under the ...
.
:
b. Served as a substitute deputy for Mario Wohlwend throughout the plenary legislative session.
Public opinion
In June 2017, following the approval of a same-sex marriage law by the German
Bundestag
The Bundestag (, "Federal Diet") is the German federal parliament. It is the only federal representative body that is directly elected by the German people. It is comparable to the United States House of Representatives or the House of Commons ...
, the ''
Liechtensteiner Vaterland
''Liechtensteiner Vaterland'' (lit. "Liechtenstein Fatherland") is the largest daily newspaper in Liechtenstein
Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German-speak ...
'' commissioned an online opinion poll wherein it asked its readers whether they support or oppose the legalisation of same-sex marriages in Liechtenstein. 55% answered "yes and as quickly as possible" and another 14% answered "yes" but were opposed to or had difficulties supporting adoption by same-sex spouses. 27% opposed same-sex marriage, while the remaining 4% were undecided or indifferent.
A poll conducted in February 2021 by the
Liechtenstein Institute
The Liechtenstein Institute ( German: ''Liechtenstein-Institut'') is a scientific research center and academic institution in Bendern, Gamprin,
Liechtenstein.
The institute carries out research into the history, politics, law, and economics of ...
showed that a majority of voters from each political party answered positively when asked "Should same-sex couples have the same rights as heterosexual couples in all areas?".
In total, 72% of voters supported same-sex marriage (48% "Yes", 24% "Rather Yes") and 28% opposed (14% "No", 14% "Rather No"). Voters from the Free List were the most supportive (96% in favour, 4% opposed), followed by voters from the Progressive Citizens' Party (74% in favour, 27% opposed), the Patriotic Union (68% in favour, 32% opposed), independents (65% in favour, 35% opposed) and the Democrats for Liechtenstein (55% in favour, 45% opposed).
See also
*
LGBT rights in Liechtenstein
Lesbian, gay, bisexual and transgender (LGBT) people in Liechtenstein enjoy several but not all of the same rights as non-LGBT people. Same-sex sexual activity has been legal since 1989, with an equal age of consent since 2001. Same-sex couples ...
*
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 biomet ...
Notes
References
External links
Gesetz über die eingetragene Partnerschaft gleichgeschlechtlicher Paare (Partnerschaftsgesetz; PartG) ''LILEX'' (in German)
{{Recognition of same-sex unions in Europe
LGBT rights in Liechtenstein
Liechtenstein
Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German-speaking microstate located in the Alps between Austria and Switzerland. Liechtenstein is a semi-constitutional monarchy ...