LGBTQ Legal Status
The history of LGBT rights in Switzerland is defined by its unique system of direct democracy. Unlike other countries where rights were granted by courts or parliaments, Swiss progress has almost always required the approval of the people through national referendums. While the country was an early adopter of decriminalization, it took much longer to achieve full marriage equality, which was finally secured in a landslide vote in 2021.
Here is the historical overview of the legalization of homosexuality and gay rights in Switzerland.
Phase I: The Napoleonic Influence & Federal Decriminalization (1798–1942)
Switzerland's early laws were a patchwork. French-speaking cantons (like Geneva and Vaud) decriminalized homosexuality early under the influence of the Napoleonic Code, while German-speaking cantons kept it illegal.
1798: The Helvetic Republic (under French influence) adopts a penal code that does not criminalize sodomy. When the Republic collapses, cantons revert to their own laws; many German-speaking ones re-criminalize it.
1942 (January 1) : National Decriminalization.
Switzerland adopts a unified Swiss Criminal Code.
Adult homosexual acts are decriminalized nationwide.
However, the law introduces a discriminatory age of consent: 20 for homosexual acts, while it was 16 for heterosexual acts.
"The Pink Files": Despite legalization, police in cities like Zurich and Basel continued to keep secret registries (Rosa Listen) of gay men well into the 1970s and 80s, often used for blackmail or denial of employment.
Phase II: Equalization & The End of Registers (1990–2000)
As the AIDS crisis forced the government to work with the gay community rather than against it, the legal disparities began to close.
1992 (May 17) : Age of Consent Equalized.
In a national referendum, 73% of Swiss voters approve a reform of the Penal Code.
The discriminatory age of consent is removed, setting it at 16 for everyone.
This vote also formally repealed the laws against male prostitution.
1990s: The practice of police keeping "Pink Files" is officially ended and existing files are destroyed in many cantons, though scandals about data retention persisted.
Phase III: The "Partnership" Compromise (2001–2019)
Switzerland followed the standard European path of offering a "marriage-lite" status first.
2005 (June 5) : Registered Partnerships Referendum.
By a vote of 58%, the Swiss public approves the Federal Act on the Registration of Partnerships.
First in the World: Switzerland becomes the first country to approve same-sex unions directly by a popular vote (referendum) rather than just a parliamentary act.
2007 (January 1) : The law enters into force.
It granted same-sex couples rights in tax, pension, and inheritance.
Exceptions: It explicitly banned adoption and access to fertility treatments.
2018: Step-child adoption is legalized, allowing a person to adopt their registered partner's biological child (but not a child from care).
Phase IV: The "Vote for All" Era (2020–Present)
The most rapid changes occurred in the last few years, driven by a series of successful public votes that modernized the country's entire human rights framework.
2020 (February 9) : Anti-Discrimination Referendum.
Conservative groups forced a referendum on a law extending anti-racism rules to cover homophobia.
63.1% of voters approve the law. It becomes a crime to publicly discriminate against someone based on their sexual orientation (e.g., refusing entry to a restaurant or hate speech).
2021 (September 26) : "Marriage for All" Referendum.
After Parliament passed marriage equality, opponents triggered a referendum.
64.1% of voters say "Yes." Every single canton votes in favor.
Switzerland becomes one of the last Western European nations to legalize same-sex marriage, but does so with a massive public mandate.
2022 (January 1) : "Self-ID" Trans Law.
Switzerland implements a new procedure for legal gender recognition.
Anyone (aged 16+) can change their legal gender and name by a simple declaration at the civil registry office.
No medical diagnosis, surgery, or waiting period is required.
2022 (July 1) : Marriage Equality Enters into Force.
Same-sex marriage becomes legal.
Adoption: Full joint adoption is legalized.
Sperm Donation: Lesbian couples gain access to sperm donation clinics in Switzerland (previously they had to travel to Spain or Denmark).
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1942 : Decriminalization of homosexuality (National Penal Code).
1992 : Age of consent equalized (Referendum).
2007 : Registered Partnerships legalized (Referendum).
2018 : Step-child adoption legalized.
2020 : Anti-discrimination law extended to sexual orientation (Referendum).
2022 : "Self-ID" Gender Law (Medical diagnosis removed).
2022 : Same-sex Marriage (and full adoption/IVF) legalized.
2023 : Blood donation deferral period reduced (but not yet fully equal).
