Facts
On December 15, 1988, the marriage between A. Y., who was domiciled in Switzerland, and B. X. from Brazil was solemnized in Copenhagen (Denmark). As it later turned out, the person who had appeared as the bride was born on October 6, 1955 in Brazil under the name F. R., the son of C. R. and D. S., and had undergone a gender reassignment surgery on January 9, 1988. However, the corresponding change in the civil status registers had not been made.
B. Y. - X. (actually F. R.; hereinafter the appellant) applied to the Department of the Interior of the home canton of A. Y., as the supervisory authority over the civil status system, requesting that the marriage concluded on December 15, 1988 in Copenhagen be recognized and the corresponding entry in the register be made. However, the Department rejected this, as the register showed it to be a marriage between same-sex persons, the recognition of which would violate Swiss public policy (ordre public).
Considerations
The Federal Court confirmed the decision of the Department. According to the Swiss legal understanding, marriage is the union of a man and a woman, so a marriage between same-sex persons violates public policy (ordre public) and cannot, therefore, be recognized.
The refusal to recognize the marriage does not violate either Art. 54 of the Federal Constitution (protection of the right to marriage) or Art. 12 of the European Convention on Human Rights (right to…