Facilitated Swiss naturalisation of the foreign partner. Swiss law provides a faster route to citizenship for the spouse of a Swiss citizen, but does 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, partenariat enregistré in French, unione domestica registrata in Italian and partenadi registrà in Romansh. The bill was passed by the National Council, 118 to 50,[2] on 3 December 2003 and by the Council of States on 3 June 2004 by 33 votes to 5, with minor changes.[3][4] The National Council approved it again on 18 June, by a vote of 112 to 51, but the conservativeFederal Democratic Union collected signatures to force a referendum.[5][6] Subsequently, the Swiss people voted 58% in favor of the bill on 5 June 2005.[7] The law came into effect on 1 January 2007.[8] Switzerland was the first nation to pass a same-sex union law by referendum.
Adoption and parenting
A bill legalizing stepchild adoption for registered partners was approved by Parliament in spring 2016. Opponents unsuccessfully tried to force a referendum on the bill. The law came into effect on 1 January 2018.[9]
Article 27 of the partnership act treats the matter of the partner's child/children. The law states that the partner of the biological/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 their ex-partner's child.[10] This article makes Swiss registered partnerships one of the most liberal partnerships, giving the couple a real role in being parents.
In 2010, Swiss LGBT organisations started a petition, "Same Chances For All Families", demanding more adoption rights. On 30 September 2011, the National Council considered the petition but ultimately voted 83–97 against it.[11] However, the debate and close vote provided a view on how attitudes on the issue had evolved, as for example Maja Ingold, MP for the Evangelical People's Party, spoke for more recognition of gay and lesbian parents, while her party campaigned against the registered partnership law back 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 openly gay MPClaude Janiak (SP/PS) 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.[12] 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.[13] On 14 March 2012, the Council of States approved (21–19) the complete full extension of adoption rights for same-sex couples regardless of marital status or sexual orientation.[14]
As the National Council had originally voted against it in September 2011, the bill had to be voted on again by the lower chamber, which did so on 13 December 2012, as the National Council voted 113–64 to grant same-sex couples the right to adopt biological or adopted children that the partner had before the start of the relationship.[15] However, the motion giving full adoption rights approved by the Council of States was rejected by the National Council.[16] 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.[17]
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.[18][19] The bill would permit registered partners and cohabiting couples, whether same-sex or 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.[20] For such a referendum, citizens opposing the law have to gather 50,000 signatures within 100 days.
In January 2016, the Council of States' Committee on Legal Affairs voted 7 to 3 with one abstention to approve the bill.[21] On 8 March 2016, the Council of States voted 25–14 in favor.[22][23] Member of the Federal Council Simonetta Sommaruga 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 Committee on Legal Affairs voted 15–9 to approve the bill.[24] The following day, it was approved by the National Council in a 113–64 vote.[25][26] 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.[27][28] Under Swiss law, opponents of a bill passed by Parliament have one hundred days to collect 50,000 valid signatures. If enough signatures are gathered, a referendum will take place otherwise the bill will become law. 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.[29][30] On 4 October 2016, it was confirmed that the referendum would not take place as only 20,000 signatures had been collected.[31] The law took effect on 1 January 2018.[9][32]
Pension benefits
At the end of August 2008, the Federal Supreme Court decided 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.[33]
Statistics
The first same-sex partnership was registered on 2 January 2007 in the Italian-speaking canton of Ticino.[8] By the end of 2019, 10,900 same-sex partnerships had been registered in Switzerland.[34]
The canton of Geneva has had a partnership law on a cantonal level since 2001. It grants unmarried couples, whether same-sex or 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 premiums (unlike the federal law). The law is based on the Frenchcivil solidarity pact.[45][46][47][48] In autumn 2016, the Department of Public Instruction of the Canton 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".[49]
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.[50]
Registered partnerships for same-sex couples are included in the Constitution of the canton of Fribourg.[53] In May 2004, voters approved the Constitution with 58.03% in favor and 41.97% against.[54] It took effect on 1 January 2005. Article 14(2) states: "The right to register a partnership for same-sex couples is guaranteed".[lower-alpha 1]
Marriage
On 6 June 2016, the Cantonal Council of Zürich 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, sponsored by the Federal Democratic Union (EDU), sought to constitutionally ban same-sex marriage in the canton.[55][56] EDU and most members of the Swiss People's Party were in favor of the proposal, 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.[57] In some parts of the canton, the "No" gained 92% of the votes.[58] All municipalities rejected the proposal.
In 2012, Parliament requested that the executive Swiss Federal Council examine how to update family law to reflect changes in society.[59] 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.[60] Member of the Federal Council Simonetta Sommaruga, 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.[61]
In 2017, 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 federal election were in favour of same-sex marriage.[69] 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.[70]
On 26 January 2019, the national Swiss People's Party (SVP) 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.[71]
On 15 August 2019, Gottfried Locher, president of the Protestant Church of Switzerland, declared his personal support for same-sex marriage.[82][83] In November 2019, the Swiss Reformed Church voted to support the opening of marriage to same-sex couples.[84][85] 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."
The Christian Democrats' popular initiative "For the couple and the family"
In 2011, the Christian Democratic People's Party of Switzerland (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; Italian: Per il matrimonio e la famiglia - No agli svantaggi per le coppie sposate; Romansh: Per la lètg e la famiglia - Na als dischavantatgs per pèrs maridads). This initiative sought to amend article 14 of the Swiss Federal Constitution to equalise fiscal rights and social security benefits between married couples and unmarried cohabiting couples. However, the text would also introduce a definition of marriage for the first time, specifically the "sole union between a man and a woman".[86]
Under Swiss law, cohabiting unmarried couples are entitled to two full pensions. 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.[87]
In November 2012, signature gathering ended and the initiative was submitted. The Swiss Federal Council reviewed the initiative and decided to support it, formally asking Parliament in October 2013 to recommend that voters approve the initiative.[88] 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.[89] The debate was mainly between the Swiss People's Party and the Christian Democrats on one side, and the Green Liberals, the Greens, the Social Democrats and the Conservative Democrats on the other. The Liberals were divided on the issue.[90] The Swiss People's Party and the Christian Democrats stated their opposition to "any form of homophobia". On the other hand, the opposing parties highlighted the discrimination 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.[91]
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.[92]
The Council of States approved the counter-proposition on 4 March 2015 in a 24–19 vote.[93] The debate in the upper house also mainly focused on the definition of marriage which would introduce discrimination towards same-sex couples, though the idea of equal fiscal rights and equal social security benefits between married couples and unmarried cohabiting couples was unopposed.[94] A few Liberal Party members changed their mind, and the counter-proposal was rejected in the Council of States. A subsequent conciliation conference in June 2015 of both chambers of Parliament decided to recommend rejecting the original initiative.[95] On 19 June 2015, the formal order of Parliament recommending voters to reject the initiative was published.[96]
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.[97][98]
Referendum
The Christian Democrats' proposal was put to a referendum on 28 February 2016,[99] 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",[100] 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),[101][102] the national-conservative Swiss People's Party and the conservative Evangelical People's Party campaigned for "Yes". Meanwhile, the Social Democrats, the Liberals, the Greens, the Conservative Democrats and the Green Liberals opposed the text and campaigned for "No" along with Amnesty International Switzerland, Economiesuisse, the Swiss Federation of Trade Unions and Operation Libero.
A month before the vote, various polls showed 67% support (22 January 2016) and 53% support (17 February 2016).[103] On 28 February 2016, the initiative was rejected by 50.8% of voters with 1,609,328 in favor and 1,664,217 against, a margin of 54,979 votes. The majority of the cantons approved the initiative (16.5 to 6.5), with the cantons of Geneva, Vaud, Bern, Zürich, Grisons, Basel-Stadt, Basel-Landschaft and Appenzell Ausserrhoden rejecting the initiative.[104]
During the referendum campaign, the Swiss Government informed voters that about 80,000 married couples were paying more tax than unmarried cohabiting couples,[105] but later admitted that the true figure was almost half a million. The Christian Democratic Party filed a complaint against the result in June 2018.[106] On 10 April 2019, the referendum was declared invalid by the Federal Supreme Court, which ordered a re-vote.[107] 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.[108][109][110][111][112][113]
It was subsequently reported that the referendum may not be rerun as the Federal Council now had two options: to 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 l'Assurance-vieillesse et survivants [AVS, Old-age and survivors' insurance]."[114][115] 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.[116]
The Green Liberals' parliamentary initiative "Civil Marriage for All"
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.[117]
In December 2013, the Green Liberal Party submitted a parliamentary initiative, "Civil Marriage for All", for a constitutional amendment to legalise same-sex marriage.[118][119] 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.[120] A petition supporting the measure was launched in May 2015. The signatures were submitted to the Committee for Legal Affairs of the Council of States before it discussed the proposal, hoping to persuade the committee members to support it.[121][122] On 1 September 2015, the committee voted by 7 votes to 5 to proceed with the initiative.[123]
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.[124][125] A minority consisting of the Swiss People's Party (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.[126][127][128]
The Legal Affairs Committee published its report on 17 May 2018, the International Day Against Homophobia. The committee recommended that the Swiss Civil Code be amended to remove the heterosexual definition of marriage and that a gender-neutral definition be inserted. 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.[129][130][131] Additionally, according to the committee and the Federal Department of Justice and Police, the proposal would automatically legalise joint adoption for 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".[132] 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, and that it could be achieved through changes to statutory law. Therefore, the Swiss electorate will 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 the protests of LGBT groups,[133] the committee decided to leave out assisted reproductive technology for lesbian couples and widow's pension so that the initiative would have a higher chance of approval.[134][135][136] 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.[133]
On 14 February 2019, the National Council's Legal Affairs Committee approved the bill to allow same-sex marriage by 19 to 4 with one abstention. It was sent out for public consultation. The bill would also end registered partnerships, and couples would be able to convert their partnership into marriage.[137][138][139][140] The consultation started on 14 March and lasted until 21 June 2019.[141][142] It showed wide support for the legalisation of same-sex marriage among all main political parties,[143] with the exception of the Swiss People's Party, and among 22 of the 26 cantonal governments.[144]
In January 2020, the Federal Council expressed its support for the same-sex marriage bill.[145] 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.[146][147][148][149][150] 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.[151]
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).[152] On 9 December, the National Council approved the changes made by the Council of States by 133 votes to 57 with 1 abstention.[153][154][155] 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,[156] and the National Council approved it by 136 votes to 48 with 9 abstentions.[157]
18 December 2020 vote in the National Council (final vote)[158]
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 (EDU), supported by politicians from the Swiss People's Party and the Christian Democratic People's Party,[161] collected 61,027 signatures with the slogan "Yes to marriage and family, no to marriage for everyone".[162] The Federal Chancellery validated the signatures on 27 April. In response, Operation Libero collected more than 100,000 signatures in support of same-sex marriage by late April 2021.[163]
The referendum, in which passage of the bill required a simple majority of the popular vote,[164] took place on 26 September 2021.[165][166] 64.1% of voters and all cantons supported the amendment. The vote made Switzerland the thirtieth country to introduce same-sex marriage, and one of the last in Western Europe.[167]
Application
The legislation adopted in the referendum is to enter into force on 1 July 2022, according to Federal Councillor Karin Keller-Sutter.[168] Same-sex marriages will then be possible.
Religious performance
The largest religious organisations in Switzerland are the Roman Catholic Church and the Swiss Reformed Church. A survey from 2016-2018 showed that about 36% of Swiss citizens were Catholic, 24% were members of the Reformed Church and 26% had no religious affiliation; the remaining were members of other Christian churches or adhered to non-Christian faiths, including Islam, Hinduism and Judaism.
Roman Catholic Church – 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.[188] 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).[189]
Judaism:
Swiss Federation of Jewish Communities – The 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 doctrine could only be between an opposite-sex couple.[190]
Reform Judaism – The Platform of Liberal Jews of Switzerland supports civil same-sex marriage.[81]
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.[191]
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 Marketing for Blick)[192] and 71% (GfS Zurich for SonntagsZeitung)[193] 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.[194][195]
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.[196] 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. 66% of Christian Democratic voters and 56% of Swiss People's Party voters supported same-sex marriage.[197]
A Pew Research Center poll, conducted between April and August 2017 and published in May 2018, showed that 75% of Swiss people supported same-sex marriage, 24% were opposed and 1% didn't know or refused to answer.[198] When divided by religion, 89% of religiously unaffiliated people, 80% of non-practicing Christians and 58% of church-attending Christians supported same-sex marriage.[199] Opposition was 16% among 18–34-year-olds.[200]
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.[201]
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"). 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.[202] Adoption was supported by 67% of respondents and access to fertility treatments for lesbian couples by 66%.[203]
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.[204]
↑ French: Le droit d'enregistrer un partenariat pour les couples de même sexe est garanti. German: Das Recht zur Eintragung einer Partnerschaft für gleichgeschlechtliche Paare ist gewährleistet.
1 2 The presidents of the National Council and the Council of States vote only in case of a tied vote in the chamber.
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