Same-sex marriage in Switzerland
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 provision of the law permitting same-sex marriages performed abroad to be recognised in Switzerland took effect on 1 January 2022.
However, same-sex couples would not have the same rights in terms of joint adoption of children, access to fertility treatments, and facilitated Swiss naturalisation of the foreign partner.
[2][3] The National Council approved it again on 18 June, by a vote of 112 to 51, but the conservative Federal Democratic Union collected signatures to force a referendum.
No further partnerships are granted in Switzerland, and couples may retain their status as registered partners or convert their union into a recognized marriage.
The Council of States accepted the petition and the Legal Affairs Committee approved a motion from MP Claude Janiak backing the right to full joint adoption regardless of marital status or sexual orientation.
[13] 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.
[22][23] Federal Councillor Simonetta Sommaruga expressed her support for the bill and argued that it was "necessary" to legally protect children already raised by same-sex couples.
[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.
[34] Most partnerships were performed in the canton of Zurich at 3,786, followed by Vaud (1,350), Bern (1,271), Geneva (1,131), Aargau (655), Basel-Stadt (493), St. Gallen (426), Lucerne (412), Basel-Landschaft (404), Ticino (342), Fribourg (326), Valais (295), Solothurn (283), Thurgau (257), Neuchâtel (179), Zug (158), Schwyz (130), Grisons (129), Schaffhausen (88), Jura (55), Appenzell Ausserrhoden (46), Glarus (29), Nidwalden (28), Obwalden (24), Uri (22), and Appenzell Innerrhoden (13).
The proposal, introduced by the Federal Democratic Union (EDU/UDF), sought to constitutionally ban same-sex marriage in the canton.
In 2012, Parliament requested that the executive Swiss Federal Council examine how to update family law to reflect changes in society.
[71] During a 2019 public consultation on the legalisation of same-sex marriage, the governments of Geneva, Vaud, Zurich, Bern,[72] Basel-Stadt, Basel-Landschaft, Aargau, Luzern, Valais, Schaffhausen, Grisons, Ticino, Fribourg, Neuchâtel, St. Gallen, Solothurn, Jura, Glarus, Appenzell Ausserrhoden, Zug, Uri and Thurgau expressed support for the opening of marriage to same-sex couples,[73][74][75][76][77] while the governments of Schwyz, Nidwalden, Appenzell Innerrhoden and Obwalden expressed opposition.
[78][79][80] 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.
[81] On 15 August 2019, Gottfried Locher, president of the Protestant Church of Switzerland, declared his personal support for same-sex marriage.
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.
[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.
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.
[131][132][133] According to the committee and the Federal Department of Justice and Police, the proposal would automatically legalise joint adoption by married same-sex couples.
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.
Despite opposition from LGBT groups,[135] the committee decided not to include the right of lesbian couples to access assisted reproductive technology so that the initiative would have a higher chance of approval.
[147] 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.
[159] 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.
[168][169] 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.
[204] In September 2019, Bishop of Basel Felix Gmür announced that the diocese would conduct blessings for same-sex unions "as long as the rites differ from marriage ceremonies".
[207] The Swiss Bishops' Conference released a statement on 19 December that "[t]he declaration Fiducia supplicans testifies that the Church offers a place to all human beings.
"[208] According to an Ifop poll conducted in May 2013, 63% of the Swiss public supported 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.
[215] 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% did not know or had refused to answer.
[218] A public consultation held between March and June 2019 showed wide societal and political support for same-sex marriage in Switzerland.
