Switzerland is the 29th country in the world to have legalised marriage for all genders after Costa Rica, the Netherlands, France, Belgium, Spain, Norway, Sweden, Portugal, Canada, Denmark, Australia, Luxembourg, Ireland, Taiwan, Malta, Germany, Austria, South Africa, Ecuador, etc. This massive “yes” is a big victory for LGBTQIA + activists and a call for all other countries around the world that are still against same-sex marriages. Mostly European countries have done it so far. As Switzerland makes its “coming out”, the first weddings are expected as early as July 2022.
A historic moment
September 26, 2021, was a historic day for the LGBTQIA + community. Switzerland adopts marriage following a vote of 64.1%. Swiss expats also had their say, with 72% of them saying yes. It's worth noting that same-sex couples now have the same rights as heterosexual couples. Along with marriage, the Swiss legislation now provides for Assisted Medical Procreation, adoption, and, for female couples, the possibility of using sperm donation.
According to a socialist member of Parliament Tamara Funiciello, the Swiss Lesbian Organization has been fighting for equal rights since 1990. "We didn't expect this, but this proves that the fight was worth it", she said to the local media. The same goes for Olga Baranova, one of the spokesperson, and Deborah Heanni, a member of the Libero collective. For them, this reflects the change in mentality that has taken place over the past 20 years regarding the acceptance of LGBT people in society.
On Twitter, fervent activist and adviser, Nicolas Walder thanked the 64% of people who voted in favour of marriage for all genders and the LGBTQIA + associations for these decades of struggle. He also made public his intention to marry his companion Jorge Cadena, Colombian director, as a support to the LGBTQIA + community. For them, it is no longer about simply being tolerated by society but of existing and living just like everyone else. At a time when marriage is no longer popular among heterosexual couples, it remains an important factor for same-sex couples. For Nicolas Walder, having the right to marry will contribute to the normalisation of homosexuality, a difference that should no longer be striking, like being blond or left-handed. Being recognised as citizens like everyone else is equally important for Josefa and Eleonore, residing in Geneva, who are faced with daily self-constraints, such as holding hands in public. For these activists, marriage for all genders is a new stage for the normalisation of same-sex couples. Their belief is that the world will be truly free when there is no longer a need for Gay Pride and when there is no more patriarchy.
Expats in Switzerland share similar views. Ger, a Colombian living in Switzerland, had to go to Spain to marry his Swiss partner in 2011. For him, this new step means equality for all genders. Indeed, same-sex couples no longer need to go abroad to get married. Also, an expat being in a same-sex couple with a Swiss citizen will also be eligible for naturalisation -- the procedure will be made simpler and less expensive. According to Ger, this also means that LGBTQIA people will no longer have to disclose their registered partnership status (which is an indicator of their sexual orientation) when applying for a job. Since registered partnerships exclusively apply to same-sex couples, they add to the discrimination experienced by same-sex couples. French couples living in Switzerland also agree that the registered partnership has additional constraints since it is not recognised in France. So they are eager for this new law to be promulgated so that they can have their marriage recognised in Switzerland.
But, of course, this new historic step has its opponents who claim that this might have an impact on children's protection of the child. For example, it might question the role of a father, according to Monika Rüegger, a federal member of the populist party UDC. Other members of the Parliament, like Benjamin Roduit, have mixed feelings. While he supports marriage for all genders, he remains cautious about the donation of sperm to lesbian couples. Others fear an open door to legalising surrogacy.
Centuries of struggle
Before the First World War, Swiss jurists and psychiatrists agreed to qualify homosexuality as a mental illness, following the tension with Germany. Years later, Swiss psychiatrists began pleading for the partial decriminalisation of homosexuality, arguing their supposed mental illness, as well as a concern for "social and moral hygiene", but those concerned hardly took part in the debate. For the Swiss authorities, the shift from the legal domain to the medical domain contains homosexuals in a well-defined sphere that is invisible to society. In 1942, the Penal Code decriminalised same-sex couples as long as both partners are aged over 20.
Over the years, the homosexual community became more active. Almost 10 years before the Penal Code, Laura Thoma, Anna Vock and around twenty women founded the Amicitia Women's Club (1931), the first Swiss homosexual association. Laura Thomas and Anna Vock became famous in the 1920s as writers for the homosexual community. The same year, they founded Die Garçonne, the first lesbian periodical which became the first homosexual newspaper in Switzerland in 1932. The collective opened to men in 1934 and collaborated with actor Karl Meier (known under the pseudonym of Rolf). During the Nazi period, the homosexual newspaper (renamed Der Kreis by Karl Meier, who became president) was discreetly distributed internationally. The homosexual community enlarged in Zurich. Seen from the outside, Switzerland became a country of freedom and liberation for the homosexual community. Those concerned, however, remained discreet due to oppression.
In the mid-1970s, new movements emerged. The Geneva Homosexual Group and the Lausanne Homosexual Group united with groups from other cities to found the Swiss Homosexual Coordination. In 1978, the homosexual community organised the first "Christopher Street Day" (LGBT protest day), which later became the Gay Pride. A year later, Bern hosted the first “Federal Homosexual Liberation Day”. Lesbians and gays marched for the recognition of same-sex couples, the fight against homophobia, the suppression of police files listing homosexuals, etc. The 80s and 90s were marked by the creation of various organisations and spaces for discussion. Homosexuality thus turned into a public debate. In the mid-1990s, new heads got involved in campaigns for the recognition of same-sex couples. The response came partially in 2004 when Switzerland voted for the “registered partnership” (which came into force in 2007). While same-sex couples were officially recognised, they weren't granted access to Medically Assisted Procreation (MAP) and adoption.
In 2013, the Liberal Green Party (PVL) triggered a new debate around marriage for all genders. After years, the Parliament finally agreed in December 2020 to amend the Civil Code. Opposition from conservative Christian circles led to a referendum. But on September 26, 2021, there were 64.1% votes in favour of marriage for all genders among Swiss residents and 72% among Swiss expats. Thus, Switzerland opens a new chapter in its history.
