Same-sex marriage has been legal in Switzerland since 1 July 2022. Legislation to open marriage to same-sex couples passed the Swiss Parliament in December 2020. The law was challenged in a referendum on 26 September 2021 by opponents of same-sex marriage and was approved with the support of 64% of voters and a majority in all 26 cantons. The law went into force on 1 July 2022. A provision of the law permitting same-sex marriages performed abroad to be recognised in Switzerland took effect on 1 January 2022. Switzerland was the seventeenth country in Europe and the 30th in the world to allow same-sex couples to marry.
Switzerland allowed registered partnerships for same-sex couples from 1 January 2007, following a 2005 referendum. These partnerships provided most, but not all, of the rights and benefits of marriage. Since the introduction of same-sex marriage on 1 July 2022, registered partnerships are no longer available in Switzerland.
Registered partnerships
Passage and referendum
In a nationwide referendum on 5 June 2005, Swiss voters approved a registered partnership law granting same-sex couples the same rights and protections as married couples in terms of next of kin status, taxation, social security, insurance and shared possession of a dwelling. However, same-sex couples would not have the same rights in terms of joint adoption of children, access to fertility treatments and facilitated Swiss naturalisation of the foreign partner. Swiss law provides a faster route to citizenship for the spouse of a Swiss citizen, but did not recognise same-sex marriages conducted in foreign countries, instead classing them as registered partnerships (, ; , ; , ; , ). The partnership bill was passed by the National Council 118–50 on 3 December 2003, and by the Council of States with some minor changes on 3 June 2004 by 25 votes to 0. An amendment proposed by the Green Party to allow adoption by registered partners was rejected. The National Council approved it again on 18 June, by a vote of 112 to 51, and the Council of States by 33 votes to 5.
+ 18 June 2004 vote in the National Council Party Voted for Voted against Abstained Absent (Did not vote) Swiss People's Party Social Democratic Party – – Free Democratic Party Christian Democratic People's Party Green Party – – Liberal Party – Evangelical People's Party – – – Federal Democratic Union – – Swiss Party of Labour – – – Christian Social Party – – – Green Liberal Party – – – Socialist Green Alternative Zug – – – Solidarity – – – Swiss Democrats – – – Ticino League – – –Total511620
The social conservative Federal Democratic Union collected signatures to force a referendum. Subsequently, the Swiss people voted 58% in favor of the bill on 5 June 2005. The law came into effect on 1 January 2007. Switzerland was the first nation to pass a same-sex union law by referendum. At the end of August 2008, the Federal Supreme Court ruled that long-term same-sex partners were entitled to the same vested pension benefits as long-term opposite-sex partners. A shared residence is not required.sda: Auch Homosexuelle können Pensionskasse erben, NZZ online, 4. September 2008 (über das Urteil 9 C 874/2007 vom 20. August 2008; keine BGE-Publikation).
The ability to enter into a registered partnership was closed off on 1 July 2022. No further partnerships are granted in Switzerland, and couples may retain their status as registered partners or convert their union into a recognized marriage.
Adoption and parenting Article 27 of the partnership law outlines the rights and responsibilities concerning a partner's child. It requires the partner of a biological or adoptive parent to provide financial support for the child and grants them full legal authority to represent the child in all matters by virtue of being the parent's partner. In the event of a partnership dissolution, the ex-partner also retains the right to maintain close ties with the child. Article 27: «Partner's children» This provision gives couples a genuine parental role. In 2010, Swiss LGBT organisations started the petition "Same Chances For All Families", calling for broader adoption rights. On 30 September 2011, the National Council debated the petition, but ultimately rejected it by a vote of 83–97. Le National ne veut pas voir les couples homosexuels adopter , Swissinfo, accessed on 15 December 2012 Nonetheless, the close vote reflected shifting attitudes. For example, Maja Ingold, MP for the Evangelical People's Party, spoke in favour of greater recognition of gay and lesbian parents, although her party had opposed the registered partnership law in 2005. While there was not yet a majority for full joint adoption, stepchild adoption (i.e. adoption of a partner's child) emerged as a potential compromise with broader parliamentary support.
The Council of States accepted the petition, and the Legal Affairs Committee approved a motion by MP Claude Janiak backing the right to full joint adoption regardless of marital status or sexual orientation. In November 2011, the committee voted unanimously in favour, including members of the conservative Swiss People's Party. Coup de pouce des Sénateurs à l'adoption , 360, accessed on 15 December 2012 In February 2012, the Federal Council issued its response, expressing support for stepchild adoption but opposing full joint adoption rights. Despite this, on 14 March 2012, the Council of States approved 21–19 the extension of full adoption rights to same-sex couples, irrespective of marital status or sexual orientation. Le Conseil des Etats accepte l'adoption des couples homosexuels , Le Matin Since the National Council had previously rejected the proposal in September 2011, the bill returned to that chamber. On 13 December 2012, the National Council voted 113–64 to allow a person in a registered partnership to adopt the biological or adopted children of their partner.Swiss lawmakers vote to allow some gays to adopt , France24, 15 December 2012 However, the chamber rejected the Council of States' broader motion on full joint adoption rights.Rainbow families: Gays granted more adoption rights , Swissinfo, 15 December 2012 Finally, on 4 March 2013, the Council of States accepted the revised version approved by the National Council by a majority of 26–16.Motion CAJ-CE. Droit de l'adoption. Mêmes chances pour toutes les familles , Council of States, retrieved on 21 April 2013
In November 2014, taking into account the parliamentary votes, the Federal Council approved allowing stepchild adoption as part of a larger adoption reform. The bill would permit registered partners and cohabiting couples to petition to adopt, and would also lower the minimum age to adopt from 35 to 28. The legislation had to be approved by Parliament, though opponents had already announced they would force an optional referendum. For such a referendum to occur, citizens opposing the law had to gather 50,000 signatures within 100 days. In January 2016, the Council of States' Legal Affairs Committee voted 7 to 3 with one abstention to approve the bill. The Council of States voted 25–14 in favor on 8 March 2016. Federal Councillor Simonetta Sommaruga expressed her support for the bill and argued that it was "necessary" to legally protect children already raised by same-sex couples. On 13 May 2016, the National Council's Legal Affairs Committee voted 15–9 to approve the bill. The following day, it was approved by the National Council in a 113–64 vote. Differing texts caused the two chambers to agree on a final, slightly modified version of the bill that was passed in Parliament on 17 June 2016 by a vote of 125–68 with 3 abstentions. Following the final vote in Parliament, a referendum committee was established including members of several different political parties with the aim of forcing a referendum on the bill. No major party supported the committee. Le référendum contre la réforme du droit d'adoption n'aboutira pas On 4 October 2016, it was confirmed that the referendum would not take place as only 20,000 signatures had been collected. Echec du référendum contre l'homoparentalité The law took effect on 1 January 2018.
Statistics The first same-sex partnership was registered on 2 January 2007 in the Italian-speaking canton of Ticino. By the end of June 2022, 12,332 same-sex partnerships had taken place in Switzerland.
+Number of partnerships registered in Switzerland2007200820092010201120122013201420152016201720182019202020212022TotalFemale573271284221246267230270261227306275225265221654,237Male1,4316605884994264284634504405024834254193863611348,055Total2,004931872720672695693720701729789 70067465158219912,332
Most partnerships were performed in the canton of Zurich at 3,786, followed by Vaud (1,350), Bern (1,271), Geneva (1,131), Aargau (655), Basel-Stadt (493), St. Gallen (426), Lucerne (412), Basel-Landschaft (404), Ticino (342), Fribourg (326), Valais (295), Solothurn (283), Thurgau (257), Neuchâtel (179), Zug (158), Schwyz (130), Grisons (129), Schaffhausen (88), Jura (55), Appenzell Ausserrhoden (46), Glarus (29), Nidwalden (28), Obwalden (24), Uri (22), and Appenzell Innerrhoden (13).
Cantonal laws
Cohabitation Certain Swiss cantonal constitutions recognise and guarantee the right to cohabit and to found a family outside of marriage for both different-sex and same-sex couples; these include among others the constitutions of Vaud, Constitution du canton de Vaud Zurich, Verfassung des Kantons Zürich Appenzell Ausserrhoden, Verfassung des Kantons Appenzell Ausserrhoden Basel-Stadt, Verfassung des Kantons Basel-Stadt Bern, Verfassung des Kantons Bern Geneva, Constitution de la République et canton de Genève Zug, Verfassung des Kantons Zug Schaffhausen, Verfassung des Kantons Schaffhausen and Fribourg. Verfassung des Kantons Freiburg
Registered partnerships The canton of Geneva has had a partnership law on a cantonal level since 2001. It grants unmarried couples, both same-sex and opposite-sex, many of the same rights, responsibilities and protections as married couples. However, it does not allow benefits in taxation, social security, or health insurance premiums (unlike the federal law). The law is based on the French civil solidarity pact. In autumn 2016, the Department of Public Instruction of Geneva introduced new forms in schools allowing same-sex parents to be recognized; the previous forms with boxes for "father" and "mother" were replaced with two boxes listing "parents".
On 22 September 2002, the canton of Zurich passed a same-sex partnership law by referendum (62.7% in favor) that goes further than Geneva's law, but requires couples to live together for six months before registering. In July 2004, the Grand Council of Neuchâtel passed a partnership law recognizing unmarried couples by 65 votes to 38. The law grants registered partners all the cantonal-level rights of marriage. Le pacs gagne du terrain Registered partnerships for same-sex couples are also recognized in the Constitution of Fribourg. In May 2004, voters approved the Constitution with 58.03% in favor and 41.97% against. It took effect on 1 January 2005. Article 14(2) states: "The right to register a partnership for same-sex couples is guaranteed".
Marriage