Gay Bern · City Guide

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The new law of same sex marriage for Switzerland also guarantees adoption rights for same sex couples.

The ability for same-sex couples to legally adopt a child.

Step child and single options since 2018. Full legalization pending. It will become legal when gay marriage becomes legal.

Under the registered partnership act same sex couples are not able to adopt their partner’s child.

Consensual age is Switzerland is 16 years old, unless the difference in age between the persons involved is not more than 3 years.

The difference between legal age of consent for homosexual sex and heterosexual sex.

New blood donation rules are now based on an updated risk assessment of various sexual behaviours and are equally applied to all people regardless of sexual orientation.

The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.

In early May 2017, the National Council approved a motion calling on all restrictions on gay and bisexual men donating blood to be lifted. According to the National Council, only risky behaviour should be a factor for blood donation, not one's sexual orientation. The motion, introduced by the Conservative Democrats, was approved 97–89.[66] However, this was rejected by the Council of States on 29 November 2017.[67] The 1 year deferral period for gay and bisexual men donating blood therefore remains in place.

In Switzerland, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.

Change of sex is legal though there are now specific laws concerning the matter. In 1993, the Federal Supreme Court of Switzerland stated that a change of sex should be "irreversible"; many judges interpreted it as the person had to go under surgery. In 2012, the Federal Department of Justice and Police via its Federal Office for Civil Registration released a statement about how transsexualism should be handled by cantonal Register offices. The FOCR stated that the Judges and Authorities should cease to oblige a person to go through forced sterilisation in order to have their sex change recognised. Furthermore, a person is granted to choose his or her gender according to his or her social gender and not anymore according to his or her biological gender.

Legal recognition of sex reassignment by permitting a change of legal gender on an individual's birth certificate.

On this date, Neuchâtel banned conversion therapy. Neuchâtel is a canton of Switzerland, of which there are 26. In the other 25 member states of the Swiss Confederation, conversion therapy remains legal.

Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)

Since 2020, an amendment to Article 261 bis of the Criminal Code (1937) penalises discrimination based on "sexual orientation" in the provision of goods and services. Article 261 bis of the Criminal Code was amended to include “sexual orientation” in the provision that criminalises public denigration, discrimination, or incitement to those actions, as well as the public dissemination of ideologies that aim to systematically denigrate or defame members of a protected group.

Prohibition of discrimination based on sexual orientation and/or gender identity.

Laws in force in Switzerland do not offer protection against discrimination based on sexual orientation and gender identity in employment.

Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.

Homosexual acts were not mentioned anymore in the revision of the Penal Code of 1991. Therefore the age of consent was lowered to 16 years old for all consenting sexual intercourse.

Consensual sexual activity between individuals of the same sex.

The Swiss Penal Code introduced in 1942 allowed same sex acts between adults (above 20 years old), but punished homosexual intercourse with people between 16 and 20 years old (while allowing heterosexual acts)

Laws in force in Switzerland do not offer protection against discrimination based on sexual orientation and “gender identity in housing.

Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.

Switzerland approved same-sex marriage with a national referendum.

Marriage and marriage recognition between two people of the same biological sex and/or gender identity.

Swiss Registered Partnership is a Civil Union that grants equal rights to Marriage but differs on three points: access to Fertility treatment, Adoption and facilitated Swiss naturalisation.

Code pénal suisse. Code pénal militaire (Infraction contre l'intégrité sexuelle): Modification du 21 juin 1991 pp 63-78. Switzerland has yet to allow Trans people to serve in the military 

The ability for homosexuals to serve in the military and be open about their sexuality.

Switzerland does not currently legally recognize non-binary identities.

Legal recognition of non-binary, genderqueer, or third gender identities.

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Switzerland's capital city. Bern is ranked among the top ten cities in the world for the best quality of life. Its historic old town is a UNESCO World Heritage Site.

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