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Marriage must be open to same-sex couples, including access to adoption. However, reproductive medicine should be denied to these couples for the moment. This is what the Legal Commission of the National Council proposes
Married couples of the same sex protested last Sunday that "marriage for all" is progressing so slowly. The National Council Legal Commission has now made its first decisions. (Photo: KEYSTONE / ANTHONY ANEX)
(nda)
The Commission has paved the way for the implementation of the Green Liberal "Marriage for All" initiative. She pronounced with 14 votes against 11 for the revision not in one, but in two stages or more, as announced the parliamentary services Friday.
Thus, the opening of marriage can take place more quickly and enter into force, she argues. It would also be possible to prevent some sensitive areas such as survivor pensions and access to reproductive medicine from failing the entire law.
Therefore, as a first step, only the essential elements of the opening of the marriage should be regulated. for adoption. The Commission has mandated the administration to prepare such a basic model by February 2019. It relies on an interpretative order from the Federal Office of Justice (FOJ).
Without Constitutional Amendment
The Commission also made the fundamental decision to abandon a constitutional amendment and to address its implementation at the legislative level. There is some controversy in teaching as to whether a constitutional amendment is necessary or not.
In his report to the Commission, the Access to Information Act states that an amendment to the law is possible without constitutional amendment. However, this does not rule out that, for political reasons, the path of a constitutional amendment will be taken, it is certain. A revision of the law is subject to the optional referendum, a constitutional amendment would be obligatorily submitted to the people and the ranks. [19659909] A complete revision would take time
The BJ writes about the pros and cons of a gradual approach taking into account all the relevant legal areas would take a long time and would be associated with uncertainties.
If it is implemented in two or more stages, the marriage could be opened more quickly. However, the legal system would not be consistent for a certain transitional period, says the BJ. In addition, other measures might take a long time as there would be less pressure.
Joint adoption would be possible
Today, marriage in Switzerland is open only to heterosexual couples. Same-sex couples have the option of registered partnership. But that does not have the same rights and obligations. Differences exist, for example, with the conditions of naturalization of spouses or registered partners.
In addition, registered partnerships are not eligible for community adoption by children. In the future, the same adoption provisions would apply to all. The FOJ states that the possibility of community adoption exists in all countries where marriage has been open to all couples.
No artificial insemination
Access to reproductive technologies, on the other hand, needs to be further examined, according to the OFJ. According to the prevailing opinion, the exclusion of homosexual couples from reproductive methods is directly based on the Federal Constitution, says the report
because the constitutional concept of infertility can not apply than to heterosexual couples. In any case, access to reproductive medicine for same-sex couples would require a change in the constitution.
The Libero operation, which has drawn attention to the issue in recent days given the decision of the Commission, was satisfied with the decision of the Commission. "Now, the administration and then the parliament is necessary, we hope because it is now faster," she wrote in a message.
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