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‘Deviance and morality’: The history of the same-sex marriage movement in Switzerland

While apartment-hunting with his partner 30 years ago, Thierry Delessert was repeatedly asked whether they were cousins, or gay. He knew the latter answer would automatically see their application thrown out.

'Deviance and morality': The history of the same-sex marriage movement in Switzerland
A painting of a rainbow. Photo by Steve Johnson on Unsplash

The 56-year-old historian still recalls his run-ins with “suspicious” real estate agents in Switzerland, where police in some places were still keeping registers of homosexuals.

Three decades later, in a referendum on Sunday, the wealthy Alpine nation looks set to allow same-sex couples to marry, and grant them the same rights as their heterosexual counterparts.

“It is a huge step forward,” said Delessert, an expert on the history of homosexuality in Switzerland at Lausanne University.

READ MORE: Broad support for same-sex marriage ahead of referendum

The country decriminalised homosexuality in 1942, but numerous local and regional police forces continued to keep “gay registers”, some into the early 1990s.

These registers were aimed at “controlling deviance and morality”, Delessert explained, adding that they had dire impacts on the lives of those listed.

“If a supposed homosexual was convicted of theft, his homosexuality was submitted as additional proof of his immorality,” he said.

“If a homosexual applied to rent an apartment, he would not get it. If a homosexual wanted a job in the public sector, he would not get it.”

But the causes of the discrimination remained unsaid: the registers were never made public, and those listed there were never informed. 

‘Difficult to comprehend’ 

Only Zurich and Basel publicly announced that they were scrapping the registers, in 1979 and 1980, Delessert said, voicing frustration that all the other registers had simply vanished.

He said he had managed to find handwritten notes on police documents where officers requested the creation of “files” on homosexuals arrested after committing an offence.

Delessert said he had also found testimony from a commissioner mentioning that around 200 homosexuals were registered in Zurich each year.

EXPLAINED: What’s at stake in Switzerland’s September referendum?

Zurich’s official records division told AFP that these registers had been kept for internal police use, and had been destroyed.

An account by a whistleblower published in the Swiss media in April 1990 first alerted the public to the existence of one of these registers, in Bern, with the outcry pushing authorities to halt the practice.

When contacted by AFP, Bern cantonal police said they had searched internally, but “were unable to find information about this register, which apparently existed.”

“At an ethical level, it is difficult to comprehend today.” While such statements are welcome, Delessert highlighted that “the political authorities have never apologised” for the practice.

Zombies and crying babies

But he hailed the political turnaround in recent years. A referendum early last year opted to criminalise acts of homophobia, and towards the end of the year, parliament voted to legalise same-sex marriage.

That law aimed to finally bring Switzerland in line with much of Europe on gay rights.

But opponents of the law demanded a referendum within the country’s direct democratic system, in a bid to block it.

READ MORE: Switzerland to hold same-sex marriage referendum

Recent polls however show that a large majority of Swiss voters back changing the law.

Same-sex couples can already register a civil partnership in Switzerland, but that status does not provide the same rights as marriage.

Allowing same-sex marriage would fix that, enabling foreign spouses in same-sex relationships to apply for citizenship through a simplified procedure, and allowing same-sex couples to jointly adopt children.

And it would controversially give lesbian couples access to sperm donation.

The opponents, mainly drawn from the populist right-wing Swiss People’s Party, have plastered Swiss cities with stark posters decrying the commodification of children and warning the law will “kill the father”.

One of their posters shows a crying baby with its ear tagged like cattle, and the question: “Babies on demand?”

Another featuring a huge zombie-like head, meant to represent a dead father, was covered over by a nearby primary school in Wallis canton out of fear it would frighten the children.

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SWISS REFERENDUM

‘Historic step’: What to know about Geneva’s plan to extend parental leave

Geneva residents have voted for a 24-week paid leave package for new parents — the first Swiss canton to do so.

‘Historic step’: What to know about Geneva's plan to extend parental leave

Nearly 58 percent of the canton’s voters on Sunday June 18th greenlighted the proposal put forward by the Green Liberal Party to grant new parents a paid leave that is six weeks longer than the current (cumulative) period allowed by the law (read more about this below).

“It is an immense joy, a historic progressive step,” Aurélien Barakat, president of the Geneva Green Liberals, said on social media after the results of the vote emerged. 

However, the new legislation must still be approved by the parliament during its autumn session, so the victory at the polls is still tentative at this point.

What would the new law provide for?

In short, it would give new parents in the canton — including homosexual couples and adoptive parents — more time at home with their baby.

Currently, Geneva mothers get 16 weeks of leave (versus 14 weeks provided for by federal law), while fathers benefit from two weeks — the same period as in other cantons.

Under the new law — should it be accepted by the parliament — new parents will benefit from six more weeks at home with their baby.

This leave can be taken either at the same time by both parents for a total of 24 weeks for the two, or one of the parents can grant two weeks of their own allowance to the other, by mutual agreement. In other words, this scheme allows some flexibility.

These additional weeks are to be financed by a joint contribution from employees and employers.

Not everyone, however, is happy about the vote’s results.

“With the approval of this constitutional provision, the purchasing power of the population will decline due to the increase in joint contributions,” toward the parental leave, the Geneva section of the right wing Swiss People’s Party (UDC) said in a statement

What is the situation elsewhere in the country?

Parental leave allowances in Switzerland are lagging behind many other European nations. 

The reason is that the country has a strong history of individual responsibility, which promotes the idea that the state (or employer) should not pay for people choosing to have children.

Mothers here are entitled to 14 weeks leave and fathers to two.

During the 14-week (or 98-day) leave of absence, mothers in Switzerland are entitled to be paid 80 percent of their salary, up to a maximum of 196 francs a day.

But while the paid maternity leave was established in Switzerland in 2005 — years later than in the EU — fathers had to wait much longer to get that same (though more time- limited) right.

That changed on September 27th, 2020, when 60 percent of Swiss voters decided in favour of a two-weeks paternity leave.

As far as compensation, fathers can receive a maximum of 2,744 Swiss francs during their two weeks of leave with the money to be paid under the state-run compensation scheme. 

READ ALSO: What parental leave are new parents entitled to in Switzerland?

All this shows why Geneva’s move is truly pioneering for Switzerland, although it is still far behind the benefits accorded to new parents in other countries — in France, for instance, new mothers are entitled to receive up to 26 weeks of leave, and in Sweden both parents can benefit from 480 days off.

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