In December 2020, both chambers of the Federal Assembly of Switzerland voted for the legalization of “same-sex marriage”, adoption of same-sex couples, and sperm donation for married lesbian couples. However, Christian and conservative groups have already announced to organize a referendum to withdraw the Assembly’s decision.
Switzerland was previously one of the few European countries where “same-sex marriage” was still banned. Until December only civil partnerships were allowed for same-sex couples. They were not legally equivalent to marriage. The Green Liberal Party of Switzerland launched the initiative for “same-sex marriage“ in 2013.
Surrogacy is still prohibited
With the adoption of the bill, registered partners will now be able to convert their civil status to legal marriage in the future. As before, male couples cannot have biological children carried by other women: Surrogacy is not part of the bill and therefore still prohibited in Switzerland.
Sperm donation for lesbian couples was an especially controversial part of the debates. However, both legislative committees agreed to this. Yet in the case of privately performed or foreign sperm donations the women are not automatically recognized as “co-mothers”. Moreover, LGBT activists criticize how that the equalization of LGBT people would not be ensured in Swiss employment law, especially occupation groups like the Police.
Two referendums are on their way
In February 2020, the LGBT advocacy group Pink Cross commissioned survey: It showed that more than 80% of Swiss would support “same-sex marriage”. Nevertheless, the two non-partisan committees “No to Marriage for All” and “No to sperm donation for same-sex couples” want to hold two referendums.
For this, the initiatives need to collect 50,000 signatures within 100 days. The referendum could take place in summer or fall 2021. Politicians from Swiss People’s Party (SVP) and Federal Democratic Union of Switzerland (EDU) support the committees.
Two parties support natural marriage
The SVP “clearly rejects putting all possible forms of cohabitation on an equal footing with marriage. [The SVP] wants neither absolute equality of same-sex partnerships with marriage nor the adoption of children by same-sex couples or so-called single-parent families.”
The EDU states: “The significant difference between heterosexual and homosexual couples is that only the union of a man and a woman is capable of procreating children by itself. With the disregard of this essential difference by the ‘marriage for all’ the mentioned legal principle is violated in its core. For the legitimate claims of same-sex couples, there is the already existing partnership law, which is to be modified if necessary.”
Swiss Christians criticize legalization of “same-sex marriage”
Furthermore the Swiss Bishops’ Conference “points out that the Catholic Church is mainly entrusted with the sacrament of marriage. It celebrates before God the union of man and woman as a life created in love, common, stable and open to procreation. Therefore, also with regard to civil marriage, the SBK is convinced that the use of the term ‘marriage’ should not be extended to any union between two persons regardless of their sex. Such a use of the term would bring about an equality which, in their opinion, cannot exist in this way.”
The Swiss Bishops’ Conference did not comment on the two referendums. Yet the Diocese of Chur says, priests, deacons and ecclesiastical employees should sign the initiatives. Media outlets and LGBT activists immediately criticized the Diocese of Chur for “interfering in politics”. However, Chur is widely known for defending the Catholic Church’s teaching on marriage and family.
The Swiss Evangelical Alliance also promotes both referendum initiatives. The Alliance refuses the current bill “because of negative consequences for the child if it grows up either without a mother or without a father. Furthermore, there is no compelling reason for absolute equal treatment of heterosexual and homosexual partnerships. They differ in a central point, the ability to reproduce naturally. Finally, opening reproductive medicine to female couples is likely to lead sooner or later to a demand for surrogacy for male couples. It is thus an instrumentalization of the human body.”
Next controversy ahead: Transgender
The next few weeks will show if Christian and Conservative groups are able to mobilize enough signees in Switzerland for the referendums. Either way, the next big LGBT issue is already on its way: On the same day, the Swiss Parliament voted for the “same-sex marriage”, it also approved of a bill allowing Transgender people from the age of 16 to change their gender on identity documents. For that they have to make a declaration at civil registry offices.
So far, there are not any referendum initiatives against this bill. The Swiss pro-family movement is probably not big enough to pick up both conflicts at the same time. For Swiss Christians and Conservatives difficult years are ahead.
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