The Council of States basically says yes to “marriage for all”

The Council of States basically says yes to “marriage for all”

The Council of States says yes to the opening of marriage to same-sex couples. He accepted the proposal started by the Liberal Greens seven years ago with 22-15 votes. However, it has not yet been adjusted.

It was not clear from the outset that the Council of States would debate the proposal on Tuesday. 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.

The constitutional provision means marriage between men and women and, therefore, must be adapted, according to representatives of the SVP and CVP. 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.

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 dispute motherhood after donating sperm to her partner.

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. There are differences, for example, in terms of naturalization, but joint adoption of children is not allowed either. Business returns to the National Council. (aeg / sda)