Facts
X., residing in the municipality of Sils im Domleschg, filed an objection against a bill of CHF 350.-- for fire brigade service replacement for the year 1995, as the fire brigade and replacement fee obligation limited to men, in his opinion, violates the equality of women and men. The Administrative Court of the Canton of Graubünden dismissed the appeal, as the unconstitutionality does not necessarily lead to the revocation of the contested decision. X. then filed a constitutional complaint with the Federal Court.
Considerations
The Federal Court considers the unequal treatment of women and men in the fire brigade and replacement fee obligation as unconstitutional under Art. 4 para. 2 of the Federal Constitution. Such unequal treatment is only permissible if biological or functional differences based on gender absolutely preclude equal treatment. However, this is not the case here, as women can indeed be integrated into the fire brigade and the replacement fee is generally paid by all persons subject to the service obligation, regardless of gender.
A transition period of almost 14…