Letter to the Editor – Timid Minimalism – Liechtensteiner Volksblatt, the daily newspaper for Liechtenstein
Today’s partnership law came into force 10 years ago. In the referendum in June 2011, the people of Liechtenstein gave the law a clear yes vote: 68.76 percent voted in favor of the partnership law. Before Liechtenstein politicians dare to create a partnership law, they are waiting for decisions in the surrounding countries. It took several political advances in the state parliament before the government finally got ready to create a solution for same-sex couples in the country. The Swiss electorate had already approved the partnership law in June 2005 with 58 percent. Sixteen years later, 64.5 percent of the Swiss voted in favor of marriage for all. All cantons, including those that are known for their more conservative voting behavior, have agreed to opening up marriage to everyone.
A couple of men who were denied stepchild adoption have sued for their rights. The state court then declared the prohibition of stepchild adoption in Article 25 to be unconstitutional. A period of up to July of this year was granted, in which the legislature has to get rid of the discrimination mentioned in Article 25. the entire article 25 becomes invalid. Along with this, the ban on adoption also came into force completely. Article 25 prohibits same-sex couples from using reproductive medicine and from adopting. In Austria various forms of discrimination, which were defined in the partnership law, were sued, confirmed as discrimination and repealed by the constitutional court. Similar court decisions were also made in Switzerland.
This prior knowledge makes the approach of the Liechtenstein government even more incomprehensible: It presents a proposal that only lifts the ban on stepchild adoption, but bans other forms of adoption for same-sex couples. She takes the position that if someone is bothered by the continuing discrimination, the corresponding rights must be sued for. And she wants a broad, public discussion about the complete abolition of the ban on adoption or the introduction of marriage for all – but does nothing to get the discussion going. It will probably be up to the Free List again to introduce appropriate initiatives in the state parliament. This time maybe even cross-party. Because the state parliament has, in the last current hour, spoken out in favor of marriage for all. And in the run-up to the state elections, most MPs also expressed themselves positively towards marriage for everyone, as can be seen on wahlhilfe.li.
As an individual, a person may adopt by laws for a species prior to partnership, but once a registered partnership is formed, no more. An incomprehensible fact. A clear distinction.
The government has chosen the path of timid minimalism and only wants to correct what WILL be required of the court rather than boldly launch a revision.
parliamentary group of the Free List