Mandatory civil marriage according to Swiss law: Superfluous historical remnant or building block in the fight against forced re-ligious marriages?

Pahud de Mortanges, René; Leitz, Barnaby

doi:10.7590/ntkr_2022-003

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Mandatory civil marriage according to Swiss law: Superfluous historical remnant or building block in the fight against forced re-ligious marriages?

BFD

Pahud de Mortanges, René Universität Freiburg i.Ue.
Leitz, Barnaby ORCID Universität Freiburg i.Ue.

2022

Published in:

NTKR Tijdschrift voor Recht en Religie. - Paris Legal Publishers. - 2022, no. 2022-1, p. 29-45

English In the 19th century, the prohibition of religious weddings prior to state marriages in Switzerland had the objective of enforcing the right to marriage and preventing discriminatory practices, particularly those of the Catholic Church. While this is no longer pertinent, mandatory civil marriage has a new raison d’être in today’s age of migration. The state thereby requires and ensures that marriages should be entered according to state law and its underlying principles. This also impacts how those couples living more in line with religious and cultural ideals than others view marriage. However, for mandatory civil marriage to fulfil its purpose, its scope of application must be adapted to today’s diversity in marriage law. Furthermore, its enforceability by state law must be improved.

Faculty

Faculté de droit

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Département de droit public

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