Recognition of same-sex unions in Switzerland

Single people, regardless of sexual orientation, may adopt children. A bill legalizing stepchild adoption for same-sex couples 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 Registered 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 the MPs' opinions and the evolution of minds, 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 MP Claude 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 their partner had before the start of their 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 on 13 December 2012 by the National Council 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 proposal to allow stepchild adoption by same-sex couples.[21] On 8 March 2016, the Council of States voted 25-14 in favor of the bill.[22][23] Member of the Federal Council Simonetta Sommaruga came out in support of 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, the bill 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]

On 14 March 2016, the National Council passed a motion (122-62) supporting access to facilitated naturalization for registered partners. Currently, a foreigner married to a Swiss citizen is eligible for citizenship within three years of marriage and five years of residency in the country, although this option is not available to couples in registered partnerships.[33][34] On 26 September 2016, the Council of States decided to merge the motion with a pending same-sex marriage bill (see below for details).[35]

At the end of August 2008, the Federal 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.[36]

Some Swiss Reformed Churches allow the blessing of same-sex registered partnerships. These are the Reformed Church of Aargau, the Reformed Churches of the Canton Bern-Jura-Solothurn, the Evangelical Reformed Church of Graubünden, the Evangelical Reformed Church of the Canton of Lucerne, the Evangelical Reformed Church of the Canton of St. Gallen, the Evangelical Reformed Church of the Canton of Schaffhausen, the Evangelical Reformed Church of Ticino, the Evangelical Church of the Canton of Thurgau, the Evangelical Reformed Church of the Canton of Vaud and the Evangelical Reformed Church of the Canton of Zürich.[37][38][39] Other Reformed Churches, however, have rejected moves to allow such blessings, including the Reformed Church of the Canton of Neuchâtel and the Evangelical Free Church of Geneva.[40]

From November 2012 to July 2017, only 8 same-sex partnerships were blessed in the Vaud Reformed Church.[41]

Several Reformed churches have also begun blessing the marriages of same-sex couples, including the Evangelical Reformed Church of the Canton of Zürich. The Swiss Reformed Church as a whole has not taken a formal decision on the matter, though in August 2019 the Church voted to support the opening of civil marriage to same-sex couples.[42]

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.[43]

The canton with the most partnerships is Zürich at 3,370, followed by Vaud (1,218), Bern (1,147), Geneva (996), Aargau (567), Basel-Stadt (432), St. Gallen (370), Basel Landschaft (368) and Lucerne (368), Fribourg (283), Ticino (281), Solothurn (243), Valais (237), Thurgau (221), Neuchâtel (158), Zug (139), Schwyz (117), Graubünden (113), Schaffhausen (78), Jura (49), Appenzell Ausserrhoden (40), Glarus (27), Nidwalden (24), Obwalden (22), Uri (19), and Appenzell Innerrhoden (13).[44]

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,[45] Zürich,[46] Appenzell Ausserrhoden,[47] Basel-Stadt,[48] Bern,[49] Geneva,[50] Zug,[51] Schaffhausen,[52] and Fribourg.[53]

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 French civil solidarity pact.[54][55][56][57] 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".[58]

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.[59]

In July 2004, the Grand Council of Neuchâtel passed a law recognizing unmarried couples, with 65 votes to 38.[60][61]

Registered partnerships for same-sex couples are included in the Constitution of the canton of Fribourg.[62] In May 2004, voters approved the Constitution with 58.03% in favor and 41.97% against.[63] 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]

On 6 June 2016, the Cantonal Council of Zürich voted by 110–52 to reject a proposal to define marriage as a union between one man and one woman in the Constitution of Zürich. The proposal, put forward by the Federal Democratic Union (EDU), sought to constitutionally ban same-sex marriage in the canton, as a means to counter the same-sex marriage bill pending in the Federal Parliament.[64][65] 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. Subsequently, the EDU 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.[66] In some parts of the canton, the "No" gained 92% of the votes.[67] All municipalities rejected the proposal.

Initiative «Schutz der Ehe»

Choice	Votes	%
No	319,501	80.91
Yes	75,362	19.09
Total votes	394,863	100.00

Same-sex marriage is supported by the Green Party (GPS/PES),[71] the Conservative Democratic Party (BDP/PBD), the Social Democratic Party (SP/PS), the Green Liberal Party (glp/pvl), the Swiss Party of Labour (PdA/PST-POP),[72] The Liberals (FDP/PLR),[73] the Christian Democratic People's Party (CVP/PDC),[74][75][76] and Solidarity.[77] The Swiss People's Party (SVP/UDC), the Evangelical People's Party (EVP/PEV), the Ticino League and the Federal Democratic Union (EDU/UDF) are mostly opposed.

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.[78] CVP politicians supportive of same-sex marriage include Andrea Gmür-Schönenberger, member of the Council of States for Lucerne, and Ruth Metzler, a former member of the Federal Council.[79] 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.[80]

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.[81]

During the 2019 public consultation on the legalisation of same-sex marriage, the governments of Geneva, Vaud, Zürich, Bern,[82] Basel-Stadt, Basel-Landschaft, Aargau, Luzern, Valais, Schaffhausen, Graubünden, 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.[83][84][85][86][87] Schwyz, Nidwalden, Appenzell Innerrhoden and Obwalden expressed opposition.[88][89][90] Several organisations and associations also expressed 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 Federation of Swiss Protestant Churches and the Swiss Federation of Jewish Communities. Opposition was found mainly among pro-life and religious groups, including the Episcopal Conference of Switzerland.[91]

On 15 August 2019, Gottfried Locher, president of the Federation of Swiss Protestant Churches, declared his personal support for same-sex marriage.[92][93] In August 2019, the Swiss Reformed Church voted to support the opening of marriage to same-sex couples.[94] 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."

In December 2013, the Green Liberal Party submitted a parliamentary initiative for a constitutional amendment with the aim of legalising same-sex marriage.[95][96]

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.[97] In May 2015, a petition supporting the bill was launched. The signatures were submitted to the Committee for Legal Affairs of the Council of States before they discussed the bill, hoping to persuade them to support it.[98][99] On 1 September 2015, the committee voted by 7 votes to 5 to proceed with the initiative.[100]

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.[101][102] 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.[103][104][105]

The Legal Affairs Committee of the National Council met on 17 May 2018, the International Day Against Homophobia, to discuss the legal ramifications of legalising same-sex marriage, such as the necessary amendments to other laws, and to begin drafting a marriage law. 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 defines marriage as being between a man and a woman. Other laws, including laws relating to naturalisation, would also be amended. Additionally, according to the committee and the Justice Ministry, 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 "marriage".[106] 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. Furthermore, 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,[107] 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.[108][109][110] 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.[107]

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 partnerships into marriage.[111][112][113][114] The consultation started on 14 March and lasted until 21 June 2019.[115][116] It showed wide support for the legalisation of same-sex marriage among all main political parties,[117] with the exception of the Swiss People's Party, and among 22 of the 26 cantonal governments.[118]

In January 2020, the Federal Council expressed support for the same-sex marriage bill.[2] 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.[119][120][121][122] 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.[123]

The Christian Democrats' proposal was put to a referendum on 28 February 2016,[138] 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",[139] 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),[140][141] 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).[142]

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.[143]

During the referendum campaign, the Swiss Government told voters that about 80,000 married couples were paying more tax than unmarried cohabiting couples,[144] 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, disputing the accuracy of the statistics.[145] On 10 April 2019, the referendum was declared invalid by the Federal Supreme Court, which ordered a re-vote.[146] 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 now hopes that the Parliament will propose an alternative measure to eliminate the tax discrimination against married couples, so that the party can withdraw its initiative without losing face.[147][148][149][150][151][152]

It was subsequently reported that the referendum may not be rerun as the Federal Council now has 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 the opportunity to withdraw their initiative, which is 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]."[153][154] 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 equal social security benefits between married couples and unmarried cohabiting couples, but, unlike the previous one, it would not introduce a specific definition of marriage.[155]