Equal rights for all? An interview with Thomas Geiser

20 October 2020. This month marks the first time the University of St.Gallen (HSG) has celebrated a Pride Month. The main objective is to increase the visibility of and raise awareness for LGBT+ issues. However, in the legal context, LGBT+ people still do not enjoy equal rights. In Switzerland, same-sex couples are not permitted to marry, access reproductive medicine or jointly adopt a child. In an interview, Thomas Geiser talks about how people deal with their own identity in the workplace, why allowing everyone to marry is socially important and why the official gender should be abolished. An article by student reporter Sascha Duric.

Mr. Geiser, you always dealt openly with your sexual orientation in the working world. However, this step is a major hurdle for many LGBT+ students. How do you think labour law needs to change in order to better protect LGBT+ employees from possible discrimination?

Unfortunately, there are still various forms of discrimination in the working world. Personally, I think it makes a lot of sense to come out during the job interview, because you will not feel comfortable in your future position if such criteria are already regarded negatively during the recruitment phase. A further challenge arises afterwards at the workplace itself. Various social attitudes are reflected here and these can lead to awkward situations. However, this varies considerably from profession to profession, and from industry to industry. Furthermore, there is no general prohibition of discrimination in labour law, though it is doubtful whether such a measure would solve all problems.

You have been living together with your partner for 39 years, 13 of them in a registered partnership. Currently, politicians are debating whether to open up the institution of marriage to same-sex couples. Is Switzerland ready for “marriage for all”?

I certainly believe that Switzerland is ready for “marriage for all”. The fact that society had changed was already evident in the 2005 referendum on the Partnership Act, when the bill was accepted by an overwhelming majority. For one thing, opening up the institution of marriage to same-sex couples would be important with regard to access to reproductive medicine or adoption, and for another, doing so would send out a clear social signal that same-sex relationships are equal to heterosexual relationships.

Around two years ago, the third gender “divers” (non-binary) was legally introduced in Germany. The HSG now also supplements its job ads with the addition “m/w/d” (m/f/nb). What challenges do you see in the legal introduction of the third gender in Switzerland?

In principle, the legal recognition of the third gender is also possible here without major challenges. However, I am convinced that from a legal point of view it would be best to abolish official gender designations completely. There is absolutely no reason why it should be officially determined whether a person is male or female. Recognising a further gender would mean that we would have three variants. However, people who are unwilling or unable to choose a single gender in the binary gender system would only be included by abolishing the official gender designations. Furthermore, this step would also have a positive effect on the current differentiation in terms of compulsory military service or retirement age.

In Switzerland, it will probably take years before LGBT+ people will be treated equally in law. What are your hopes for the future?

It is my hope that fighting for equal rights will no longer be necessary in future, as equal rights will apply to everyone. Nevertheless, it must be said that compared to my youth, a tremendous positive social change is already evident today. I would also like to see Swiss society becoming more open to different ways of life and relationship constellations (e.g. homoparental families). However, the struggle for equality will continue as long as we do not have equal rights for all.

Prof. em. Dr. Dr. h.c. Thomas Geiser was formerly a professor of private and commercial law at the University of St.Gallen. Sascha Duric is studying law in the Master's programme.

Image: Adobe Stock / Daniel Jędzura