Homophobia is now illegal in Switzerland, greenlighting an amendment to an anti-discrimination law that has not protected lesbians, gay men, and bisexual people.
The referendum was vehemently opposed by the populist rightwing Swiss People’s Party (SVP), who noted that the law would stifle freedom of expression.
Currently, the projection published by GFS Bern polling and research group revealed that 63 percent had voted in favor of the reform, with a margin of error of three percent.
Notably, unlike many European countries, Switzerland does not have laws that specifically protect gay persons and bisexual people from homophobic discrimination.
Caroline Dayer, an expert, and researcher on preventing violence and discrimination based in Geneva said the law would fill a legal loophole and provide much-needed protection to homosexual and bisexual people.
She noted that with the enactment of the new act, public denigrating someone’s sexual orientation, or inciting hatred against someone in public, could not be prosecuted.
Reactions to making homophobia illegal
Jean-Pierre Sigrist, the founder of an association of gay teachers, expressed his joy towards the new act, noting it might have stopped him from getting beaten up outside bars in Geneva four decades ago.
Mathias Reynard, a lawmaker from the Social Democratic Party of Switzerland, said it would prevent and give hope to anyone who has previously been a victim of discrimination.
Eric Bertinat, an SVP local lawmaker in Geneva, said before the vote that he believed the law was part of an LGBT move towards same-sex marriage and medically assisted reproduction for gay couples.
Interior Minister Alain Berset explained that jokes about gay men and lesbians would still be allowed as long as they respect human dignity.
Notably, Switzerland has long trailed behind other countries in LGBTQ and homophobia rights, ranking 27th out of 49 European countries in the 2019 report of the International Lesbian, Gay, Bisexual, Trans and Intersex Association.
Switzerland had a score of 29, from a possible 100, for such rights, according to the organization, compared to 47 in Germany, 63 in France, and 67 in Britain.
Also, other European countries such as France, Britain, and Belgium have enacted laws against homophobia since the early 2000s. However, same-sex partnerships are legal in Switzerland, and same-sex marriage is not.
New Act provision
Under the new act, homophobic comments made in a family setting or among friends would not be criminalized.
However, homophobia, displayed by publicly denigrating or discriminating against someone for being gay or inciting hatred against that person in text, speech, images or gestures, would be banned.
The Swiss government said it will still be possible to have opinionated debates on issues such as same-sex marriage, and the new law does not ban related jokes.
Dayer said that the law would not make homophobia disappear, but that it was a necessary lever that Switzerland needed to fight it.
She said:
The extension sends a vital message to homosexual and bisexual people, and to the Swiss society over all, that hatred has no place, and that those violence are not legitimate.
