The Swiss registration status was established in 2005. As of January 1, 2007, same-sex couples are able to register under the “Eingetragene Partnerschaft” law.
By offering a domestic partnership registration status, instead of legal marriage, the Swiss have created an apartheid, with one set of laws pertaining to opposite-sex couples, and another for same-sex couples. [See Marrying Apartheid]
Previous Support for Same-sex Couples
- In August 1994, the Swiss Federated Railways (Switzerland) announced reduced fares, and spouse passes for same-sex partners who live together.
- Switzerland’s Justice Minister Ruth Metzler announced, on October 25, 2000, that the Government has directed her to draft legislation to create registered partnerships for gay and lesbian couples with many of the benefits of marriage. This follows consultation with local and regional governments, as well as with non-governmental organizations.
The Justice Ministry is expected to write a bill that provides greater equality in inheritance, taxation, government benefits, and immigration. However, the Federal Council opposes adoption rights for same-sex couples and fertility treatment for lesbians. The bill did not get introduced in the Parliament in 2001 as was expected.
- Geneva offered a domestic partner registration process, in May 2001. Same-and opposite-sex cohabiting couples are offered the same status as legally married couples, except for state run functions such as taxes and social security benefits.
By February 2005, 215 same-sex and 54 opposite-sex couples took advantage of the law; and 19 couples ended their partnership.
- Zurich residents voted 63-37 to offer benefits to same-sex couples in the areas of tax, inheritance, and social security. The September 2002 law required both partners to live in Zurich canton, and, six months in advance, formerly commit to cohabiting and providing mutual support and aid.
Between July 2003 and the end of 2004, 383 same-sex couples registered.
- In July 2004, the canton of Neuchâtel passed a law recognizing unmarried couples. 35 opposite-sex, and 21 same-sex couples, registered by February 2005.
- The Swiss the governing cabinet proposed a law, on November 28, 2002, that would allow same-sex couples to enjoy civil recognition “like married couples.” In announcing the proposal of the seven-member cabinet, Justice Minister Ruth Metzler said she regarded the proposal as “a day of tolerance and a step toward a modern and open Switzerland.”
- In a June 2005 referendum, Swiss voters approved a law allowing same-sex couples to register their partnerships. The partnerships will be granted the same legal rights as married couples in the areas of pensions, inheritance and taxes. Same-sex partners will not, however, be allowed to adopt children or have access to fertility treatment.
The referendum was approved by 58 percent of voters. Previously registered partnerships for same-sex couples existed at a regional level in the cantons of Zurich, Geneva and Neuchâtel. Switzerland was the first nation to pass a same-sex union law by referendum.
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Registration Rights
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- Inheritance
- Taxation
- Insurance
- Health Care
- Pension
- Tax Rights and Obligations
- Social Security
- Shared Home or Apartment Possession
- Foreign Partners Receive Residency, NOT Naturalization
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While this registration status offers an improved range of protections for same-sex couples who live in Switzerland, it contains many gaps.
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NOT Provided by Registration
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- Naturalization (which is made easier with legal marriage)
- Adoption
- Fertility Treatment
- Taking the Same Name (they may hyphenate or share a surname for day-to-day affairs, however, it will not be recorded in the register of birth, marriage and death)
- Foreign Same-sex Marriages are Acknowledged as registered partnerships, NOT Legal Marriage
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Partnership are obtained from a Civil Registrar’s Office.
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Registration Procedure
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- Couples must be 18 or older (passport or identity card)
- Not already married
- Not already registered partners
- Not be a parent [ed.: this is too odd, can any one verify?]
- Provide a civil identity document (certificat individuel d’état civil), proving each person free to register (obtained from Civil Registrar’s office in town of origin)
- One of the partners must be Swiss, or be a Swiss resident
- Proof of address (obtained from local Cantonal Population Office)
- Foreigners provide a birth certificate
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Partnerships can only be dissolved by a court.
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Un-Registration Procedure
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- By the court at the common statement of the partners
- By the death of one of the partners
- At the request of one of the partners (after one year living separately)
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Switzerland’s Web site for registration:
Federal Office of Justice: Registered Partnerships
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Governments that offer Legal Marriage
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The Sweet Corn Shop
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Products that affirm self-esteem and social equality.
A smart variety of Bumper Stickers and Buttons
for political impact, plus Mugs and Teddy Bears.
Purchases help support Partners’ efforts.
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