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The Aargau High Court has confirmed a first-instance conviction for discrimination on the grounds of sexual orientation. (archive picture)
Keystone
A service employee at a bar in Baden AG has been found guilty of discrimination on the grounds of sexual orientation. The Aargau High Court convicted the woman because she expelled two lesbian women from the bar for kissing in 2023.
The high court thus confirmed the verdict of the district court of Baden. It sentenced the 54-year-old service employee to a conditional fine of 24 daily rates of CHF 90 each and a fine of CHF 540. This is stated in the written judgment of the High Court. The employee wanted to achieve an acquittal with her appeal.
The two lesbian women had reported the employee. One afternoon in January 2023, they ordered two beers in a bar at Baden train station. During consumption, however, the employee gave the two young women the money back for the beers they had already paid for.
According to the ruling, she said that it would not be tolerated for two women to kiss in the bar/location. A couple of two women would not be welcome here.
According to the High Court, this behavior fulfilled the objective and subjective elements of discrimination. The expulsion was based solely on the sexual orientation of the customers, according to the grounds of the ruling.
The court further clarified that the service offered in a restaurant does not only consist of serving drinks, but also includes the provision of a place to stay.
The defendant claimed that she had only turned the women away because of their loudness and drunkenness. However, the High Court considered this to be a defensive allegation. Video recordings showed that the women had behaved calmly. The "Aargauer Zeitung" first reported on the written judgment (SST.2025.194 of 3.2.2026)
20.03.2026, 15:27
