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The “marriage for all” overcame another hurdle on Thursday. Photo: trapezoidal
The Commission of the Council of States wants to introduce “marriage for all” by law
The Legal Commission of the Council of States voted “Yes” to “Marriage for all” by a narrow majority of 7: 6 votes. A minority wants to introduce marriage for same-sex couples with a constitutional amendment.
The “marriage for all” has overcome another hurdle. The legal commission of the Council of States announced on Friday that it intends to open marriage to same-sex couples without changing the constitution. He advocates the National Council variant, which wants to introduce “marriage for all” through a simple change in the law.
The decision in the legal commission was extremely close. The Council of States voted 7 to 6 in favor of the National Council variant. A minority wants to petition the Joint State Council to reject it so that “marriage for all” can be introduced through a constitutional amendment.
What was the discussion about?
The point of contention was the question of whether marriage is possible for same-sex couples without a constitutional amendment. The federal constitution recognizes the basic right to marriage, but it was unclear if this is limited to only heterosexual couples. Jurists are divided on the matter, but an expert opinion from the Federal Office of Justice concluded that the Federal Constitution guarantees the marriage described in the civil code.
In other words, if “marriage for all” is introduced into the civil code, it will also be protected by the federal constitution. This opinion convinced a small majority of the legal commission of the Council of States on Thursday.
The SP National Councilor, Funiciello, defended “marriage for all”
Video: extern / rest / parlamentsdienste
What about sperm donation for lesbian couples?
The parliamentary company “Marriage for all” wants not only to open marriage to same-sex couples, but also access to sperm donation for married lesbian couples. In the summer, the National Council also voted in favor of the second lawsuit by 124 votes to 72 and one abstention.
The Legal Commission of the Council of States wants an adjustment here. With 8 votes to 1 and 3 abstentions, he proposes to the entire council a “more precise and differentiated regulation” for sperm donation, as stated in the communication. The new wording refers to the effects on the child’s relationship, as well as adjustments in the reproductive medicine law. The child’s right to know his parentage should be adapted so that the wife’s “presumption of maternity” is introduced only for sperm donation and not generally.
These politicians are part of the legal commission:
What happens now?
The Council of States commission discussed the issue of “marriage for all” on Thursday and approved it with 7 votes to 1 and 4 abstentions. The template is now ready for the entire booth council. It is expected to still be on the agenda for the winter session.
With the required adjustment in sperm donation, it could still be a while before “marriage for all” is definitively introduced: if the Joint State Council says “Yes” to this adjustment, business will return to the National Council. Only when both houses have the same opinion is the law change ready for a general vote. It is possible that a referendum will also be held at the end.
