Debate in the Council of States – The Council of States basically says yes to “marriage for all” – News

• The Council of States basically says yes to opening marriage to same-sex couples.
• He decided by 22 to 20 votes and 2 abstentions not to reject the proposal to the commission and to regulate “marriage for all” at the legislative level.
• The law now returns to the National Council to adjust the differences

It was not certain from the outset that the Council of States would debate the proposal today. Because a minority, especially the members of the SVP and CVP, initially would have wanted to change the concept of marriage in the constitution. The council discussed the issue in depth. Opponents and supporters used mainly legal arguments.

Representatives of the SVP and CVP found that the constitutional provision meant marriage between men and women and therefore had to be adapted. Marriage is not easily applicable to same-sex couples. “The fact that the legislature and not a court interpret the constitution borders on the separation of powers,” said Stefan Engler (CVP / GR) of the Legal Commission.

Important questions in the constitution

Heidi Z’graggen (CVP / UR) also believed that important issues were regulated in the Swiss constitution. This also applies to marriage for everyone. “My subjective desire for quick opening therefore has to take a backseat.” Beat Rieder (CVP / VS) noted that a change in the law would weaken the legitimacy of the bill.

Article 14 in question of the Federal Constitution says: “The right to marriage and family is guaranteed.” – “What news do you want to write in the constitution?” Lisa Mazzone (Greens / GE) turned to the minority. The concept of marriage has changed over time, and at the legislative level there have always been changes, even profound, according to several councilors.

In terms of equality, everyone has the right to the law of marriage, also discovered Matthias Michel (FDP / ZG). His marriageable sons interpreted the constitution in this way. In the end, the request for rejection narrowly failed, with 22-20 votes and two abstentions.

Differences in sperm donation

However, the template has not yet been adjusted. The Council of States agrees that lesbian couples should have access to sperm donation. He rejected a motion by Benedikt Würth (CVP / SG) to postpone this issue until later and clarify the matter further with legal clarifications.

The Council of States chose a more differentiated formulation than the National Council for the donation of sperm for female partners. He wants to include the requirements in the Reproductive Medicine Act, but also take into account the child’s right to know his ancestry.

According to the Council of States, the fact that the wife is registered as the child’s mother should only be the case for sperm donation. The wife of the child’s mother should also not be able to challenge motherhood after a sperm donation to her partner.

Marriage is not possible today

Today, same-sex couples can marry in many European countries, but not in Switzerland. Same-sex couples in this country only have the option of registering their partner. Marital status “in registered partnership” only exists for same-sex couples. However, the registered union is not associated with the same rights and obligations as marriage.
The matter now returns to the National Council.

“Marriage for all”: that’s what it’s all about

Open the text boxClose text box

• It’s about this: Today only men and women can marry, homosexual couples can only register their partner. Registered partners differ from marriage in important ways. For example, registered couples cannot adopt children and foreign couples do not have the right to simplified naturalization. Now marriage must be open to all so that homosexual couples can also marry.
• These are the nuts: The main question in the Council of States will be if a constitutional amendment is needed for the opening of marriage. The Legal Commission of the Council of States decided with seven to six votes that a change of law was sufficient. It will be just as tight in the Council. It is also being debated whether lesbian couples should also have access to sperm donation. The National Council approved this in the summer. The Legal Commission of the Council of States basically follows this line, but wants to exclude private donation of sperm.
• Who is for / against and why: The SP, Green, GLP and FDP are closed to marriage for all because they want to end discrimination against homosexual couples. The middle faction is divided. The SVP parliamentary group is against the opening of marriages, as they believe that the registered partner is also sufficient.
• As follows?: On Tuesday, the Council of States will decide whether to open the marriage to everyone after 7 years of parliamentary discussions. If the proposal of the Legal Commission is specified with the clarifications on reproductive medicine, the National Council would have to confirm this version again.