New Basel Gender Equality Act adopted after long debate
Published: Wednesday, Jan 10th 2024, 18:50
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The Basel Grand Council passed a new gender equality law with a diversified gender principle on Wednesday. In an emotional debate, council members who wanted to maintain the conservative boundaries of the binary gender concept of man and woman were clearly outnumbered.
The new Basel Gender Equality Act is intended to cover all conceivable gender concepts and forms of sexual orientation and protect those affected from discrimination.
In contrast to the government's first draft, women and men are to remain explicitly in the purpose article alongside the newly mentioned gender identities of non-binary, trans and intersex. This covers the current spectrum of gender diversity very well, said Barbara Heer (SP), President of the Justice, Security and Sport Committee (JSSK), which provided preliminary advice.
The debate was complicated by the co-report or two co-reports of the Audit Committee, which had not been able to agree on a common denominator. The majority of the committee mainly proposed editorial amendments. The committee minority was fundamentally opposed to the draft law, in particular "against the abolition of the binary concept" of man and woman.
Emotional discussion
The emotional discussion mainly took place along this gender divide. The opponents of the draft law, above all the centrist member of the cantonal parliament Daniel Albietz, referred to the federal and cantonal constitutions, which do not recognize diversified gender concepts. Basel-Stadt should not and must not reinvent the wheel here with subjective gender categories.
In principle, the opposition to the law was obviously characterized by a conservative view of humanity. According to Albietz, it was unnecessary and inappropriate to abandon the familiar and proven path of gender binarity. The concept of a diversity of the sexes would be a headache for young people in particular, who are developing into men and women.
SVP spokesperson Beat K. Schaller even described the draft law as an instrument in the "gender imbecility" of abolishing the gender boundaries created by God between men and women. Facts were being replaced by feelings, he said.
Lukas Engelberger (center), the cantonal councillor responsible, vehemently refuted the accusation that the Basel Gender Equality Act violates the constitution. The Federal Constitution in no way prohibits the cantons from working for equality and against discrimination beyond gender equality.
The spokespersons for the SP, GAB, FDP and GLP parliamentary groups emphasized the strengthening of the cantonal gender equality mandate. On the other hand, it was by no means a question of abolishing the categories of man and woman. The Center/EPP and the LDP parliamentary groups were divided.
Motions for rejection rejected
The motion by the minority of the GPK not to accept the bill at all was rejected by 72 votes to 19. The motion to refer the bill back to the government was defeated by 74 votes to 20. The numerous amendments tabled by the GPK minority and majority were all rejected.
In the final vote, the Grand Council finally approved the new law by 69 votes to 15 with 2 abstentions.
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