Partnership Act
| Basic data | |
|---|---|
| Title: | Federal law on the registered partnership of same-sex couples |
| Short title: | Partnership Act |
| Abbreviation: | PartG |
| Type: | Federal law |
| Scope: | Switzerland |
| Legal matter: | civil right |
|
Systematic legal collection (SR) : |
211,231 |
| Original version from: | June 18, 2004 |
| Entry into force on: | January 1, 2007 |
| Please note the note on the applicable legal version. | |
The Partnership Act ( PartG ) ( French Loi sur le partenariat (LPart) , Italian Legge sull'unione domestica registrata (LUD) ) is a Swiss federal law that enables same-sex couples to register their relationship under the status of " registered partnership ". It was passed in a referendum on June 5, 2005 with 58 percent of the votes and came into force on January 1, 2007. Previously, a cantonal law had already been approved by a referendum in the canton of Zurich .
content
The entry puts same-sex couples on the same footing as married couples , for example in terms of the obligation to provide support, tax law and in dealing with insurance such as old-age and survivors' insurance (AHV). However, the Partnership Act prohibits persons in a registered partnership from adoption and access to reproductive medicine (Art. 28 PPA).
In the course of the entry into force of the new naming law on January 1, 2013, registered partners can also have a common family name. The registered partnership is therefore equal to marriage in terms of naming rights. Until the end of 2012 the law did not provide for a common family name; In the Federal Council's message , however, it was pointed out that “nothing prevents a couple from forming an alliance name in everyday life ” in that each “adds that of the other to his own name”. As long as a person remains identifiable, they can even use the partner's name in the sense of a "stage name ".
The registered partnership has basically no impact on citizenship , only the residence requirement for naturalization of foreign registered partners of Swiss is reduced (five years of residence in Switzerland, three years of partnership).
Foreign registered partnerships are recognized under the same conditions as foreign marriages (Art. 65a Federal Law on International Private Law ); Foreign same-sex marriages also count as registered partnerships (Art. 45 Para. 3 Federal Law on Private International Law).
Emergence
The Partnership Act was passed by the National Council and the Council of States and came before the people because the optional referendum had come about. Opponents of the law complained that it weakens the position of the family , accelerates the introduction of the possibility of adoption for same-sex couples and causes a disproportionate amount of effort for a very small part of the population.
The majority of the larger parties were positive about the Partnership Act. The Greens , the SP , the CVP and the FDP had issued the yes slogan. The SVP , the EPP and the EDU rejected the law.
The Council of the Federation of Swiss Protestant Churches (SEK) endorsed the partnership law, but emphasized that it was not a matter of marriage.
Switzerland is the first country to approve the registration of same-sex couples through a referendum.
The bill was rejected in 7 out of 26 cantons . These are the more rural and Catholic cantons of Jura , Wallis , Ticino , Appenzell Innerrhoden , Uri , Schwyz and Thurgau .
effect
In the first five months after the Partnership Act came into force, according to the figures from the Federal Statistical Office, 1,127 same-sex couples had their partnership registered at the registry office in their municipality of residence, in 813 couples the partners were male, in 314 couples female. After a rush at the beginning of the year, the numbers have declined somewhat over the months. There are also clear regional differences. Many registered partnerships are mainly in the cities, while the numbers are smaller in rural areas. Representatives of civil registry offices are positive about the experience to date.
In all cantons, adjustments to cantonal laws were suggested due to the new legal institution of the registered partnership, which did not meet with significant resistance. One example is the canton of Geneva , in which in a referendum in May 2007 to adjust the cantonal inheritance tax, around 83 percent of voters supported the exemption from inheritance tax for same-sex couples who have registered their partnership.
See also
- Same-sex marriage legislation
- Legislation on homosexuality
- History of the LGBT
- Civil Partnership Act (Germany)
- Civil Pact (model of the Greens in Austria)
- Legal cohabitation (Belgium)
literature
- Yvonne Hebeisen, Sergio Salis: The partnership law. Effects on social and private insurance in Switzerland, a look abroad . Verlag Swiss Society for Health Policy SGGP , Zurich 2006. ISBN 3-85707-89-7
- Sushila Mesquita: BAN MARRIAGE! Ambivalences of normalization from a queer-feminist perspective, Zaglossus, Vienna 2011, ISBN 978-3-9502922-5-1 .
- Marc Schüffner: Marriage protection and civil partnership. Duncker & Humblot, Berlin 2007, ISBN 978-3-428-12438-1 .
- Stephan Wolf (ed.): The federal law on the registered partnership of same-sex couples. Overview - Property law and other aspects relevant for the notary's office - Public law aspects. (Institute for Notarial Law and Notarial Practice at the University of Bern, 3). Stämpfli, Bern 2006, ISBN 3-7272-1622-0 .
- Andreas R. Ziegler , Martin Bertschi, Alexandre Curchod, Nadja Herz, Michel Montini (eds.): Rights of lesbians and gays in Switzerland. Registered partnership, factual cohabitation, legal questions about homosexuality. Stämpfli, Bern 2007, ISBN 978-3-7272-9928-5 .
Web links
Individual evidence
- ^ Federal law on the registered partnership of same-sex couples
- ^ Nzz.ch : ( sda ): Referendum against the Partnership Act stands , November 2, 2004.
- ↑ Endorsement by the SEK ( Memento from September 27, 2007 in the Internet Archive )
- ↑ gruene-bundestag.de ( Memento from September 27, 2007 in the Internet Archive ): Press release NR. 478 of the Bundestag faction Bündnis 90 / Die Grünen: After referendum in Switzerland: Union must give up blockade in the Federal Council against equality of civil partnerships in tax law! June 6, 2005.
- ↑ 20 minutes: "Already 1,000 gay marriages in Switzerland"
- ↑ queer: Geneva votes for gay law