“Equal but Not the Same”: the Struggle for “Gleichberechtigung” and the Reform of Marriage and Family Law in East and West Germany, 1945–1968
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“EQUAL BUT NOT THE SAME”: THE STRUGGLE FOR “GLEICHBERECHTIGUNG” AND THE REFORM OF MARRIAGE AND FAMILY LAW IN EAST AND WEST GERMANY, 1945–1968 Alexandria N. Ruble A dissertation submitted to the faculty of the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of History. Chapel Hill 2017 Approved by: Karen Hagemann Konrad H. Jarausch Susan Dabney Pennybacker Donald M. Reid Katherine Turk © 2017 Alexandria N. Ruble ALL RIGHTS RESERVED ii ABSTRACT Alexandria N. Ruble: “Equal but Not the Same”: The Struggle for “Gleichberechtigung” and the Reform of Marriage and Family Law in East and West Germany, 1945–1968 (Under the direction of Karen Hagemann) This dissertation explores the interplay of political, social, and economic factors that first prevented and later led, despite all resistance, to the reform of family law in East and West Germany in the 1950s and early 1960s. After 1945, Germans inherited a Civil Code that dated back to 1900 and had designated women as second-class citizens in marriage, parental rights, and marital property. In the postwar period, in the context of the founding of the East and West German states and the rising Cold War, female activists in both Germanys revived the old feminist goal of reforming civil law, but faced fierce resistance from Protestant and Catholics. After much struggle, legislators in both states replaced the old law with two new, competing versions that purported to expand women’s rights in marital and familial matters. I argue that the East-West German competition in the Cold War provided the momentum to finally accomplish the long-desired reforms. In both states, allusions to the other Germany’s treatment of women marked political discourse and were a key factor in all negotiations and decisions on family policies. The project demonstrates that gender and the family were important markers of difference between the two Germanys and, more broadly, battlegrounds of the Cold War. This dissertation widens scholarly understandings of gender and the family in the two Germanys and Central Europe in two crucial ways. First, while scholars have previously iii conceived of women’s roles in East and West Germany as largely dissimilar, this project shows how family law linked and complicated the bond between the two states. At the same time, this study acknowledges the key differences between the East and West that ultimately set the two states on divergent paths regarding family law and gender roles. Second, this project challenges current understandings of gender, politics, and citizenship in the 1950s by showing that female activism in East and West Germany reemerged after the end of the Second World War, meaning that feminism was alive and well long before the 1970s. iv ACKNOWLEDGEMENTS Writing a dissertation is as much a communal project as it is a solitary endeavor. This dissertation would not exist without the support of many archivists, librarians, organizations, faculty members, colleagues, friends, and family. First, I extend my gratitude to the archivists and librarians at a number of institutions. The archivists at the Bundesarchive in Koblenz and Berlin, the Friedrich-Ebert-Stiftung in Bonn, the nearby Konrad-Adenauer-Stiftung in Sankt Augustin, the Friedrich-Naumann- Stiftung in Gummersbach, and the Parlamentsarchiv in Berlin provided useful assistance at critical junctures in the development of this project. Frau Cornelie Wenzel of the Archiv der deutschen Frauenbewegung in Kassel proved enormously helpful. Frau Jutta Müther of the Katholischer Deutscher Frauenbund in Cologne provided a quiet space to work, endless cups of coffee, and cheerful conversation. Her archival assistant, Blanka, was friendly, furry, and warm. Frau Ute Lipske at the BStU in Berlin not only provided research assistance, but also friendly conversation. Finally, the staff at Davis Library at UNC, in particular Robert Dalton, have offered excellent assistance throughout the years. This dissertation has been supported by numerous institutions. Foreign Language and Area Studies (FLAS) funding through the UNC Center for European Studies supported precious language training and research at the start of this project. The Social Science Research Council Dissertation Proposal Development Fellowship enabled me to not only conduct important early stage research, but to discuss my findings with faculty and fellow v doctoral students. In 20132014, the Fulbright US Student Program funded a year of dissertation research in Berlin, where I studied under Prof. Dr. Paul Nolte at the Freie Universität. The UNC History Department’s Clein and Mowry funds provided additional dissertation research support. The Central European History Society and the German Academic Exchange Service (DAAD) offered generous funding for follow-up research and the chance to work with Prof. Dr. Martin Sabrow at the Humboldt Universität and the Zentrum für Zeithistorische Forschung in Potsdam. Finally, a UNC Graduate School Dissertation Completion Fellowship enabled a year of writing and revising. Parts of this dissertation have been presented at the Social Science Research Council, the Council for European Studies annual conference, the German Studies Association annual conference, and the German Historical Institute’s Transatlantic Doctoral Seminar. I am especially grateful for the in-depth commentary provided by Dorothy Hodgson, Pamela Scully, Carola Sachse, and Dagmar Herzog at different stages of development. Furthermore, parts of this research are to be published in the forthcoming edited volume Gendering Postwar Germany: Entanglements, edited by Karen Hagemann, Donna Harsch, and Friederike Bruehoefener. The UNC History Department has always provided a collegial and stimulating intellectual environment. History Department staff members Genevieve Cecil, Diana Devereaux, Joy Mann Jones, Joyce Loftin, and Renee McIntire have offered crucial assistance over the years. I am also indebted to several faculty members who have helped me at every stage of the process. Christopher Browning offered critical insights at early stages of the project. Chad Bryant’s positivity is always appreciated. I am also grateful to have had the chance to work closely with Konrad H. Jarausch over the years and gain his insights on my vi project, German and European history more broadly, and other matters. I have always appreciated Susan Dabney Pennybacker’s enthusiastic support and wide-ranging knowledge of politics in Europe and the United States. Donald M. Reid has always been extremely helpful, asking brilliant questions at various points that I am still pondering. Katherine Turk provided a much needed outside perspective as an expert on the American movement toward sex equality. Finally, my greatest gratitude goes to my advisor, Karen Hagemann, who has constantly supported and challenged me. Without her, I would not be the historian I am today. This project has its roots in my undergraduate years at Christopher Newport University, where I first learned about postwar German history and women’s and gender history. Brian and Laura Puaca took me under their wings, encouraged my interests, and pointed me in the direction of UNC, for which I can never thank them enough. At UNC, I have been fortunate to be surrounded by many wonderful friends and colleagues. Philipp Stelzel’s humor and wisdom have “literally” made me “lol” and carried me through some tough moments. I am grateful to the Germanist/Europeanist circle—Julie Ault, Friederike Bruehoefener, Peter Gengler, Jenna Polles Gengler, Lorn Hillaker, Mark Hornburg, Scott Krause, Max Lazar, Caroline Nilsen, John Robertson, Michal Skalski, Lars Stiglich, and Daniela Weiner—with whom I shared many discussions of German history and the trials and triumphs of graduate school over beer and Glühwein. Adam Domby, Jennifer Kosmin, Lexington Domby-Kosmin, Brittany Lehman, and Mary Elizabeth Walters have been wonderful friends and colleagues. Other friends—Stephen Riegg, Sarah McNamara, Trevor Erlacher, and Andal Narayanan—deserve many thanks for lending their eyes for reading and their ears for listening. Outside of UNC, Adam Blackler, Jane Freeland, Scott Harrison, and vii Kathryn Julian have been great friends and collaborators. From afar, Jessica Keene shared the ups and downs of graduate school. Finally, I owe special gratitude to Anna Gibson Holloway, Anne Marie Millar Baker, Nia Harrison, Liz Gray, and Linda Cones for their frequent encouragement and commiseration. When in graduate school, one has to find a life outside of academia. Mine has always been in Shotokan karate clubs. Beyond a place to relieve some physical stress, karate has provided a local and global community. From visits to my home club in Newport News, VA to UNC Shotokan to JKA Berlin, I have always found some respite from my work. I owe much gratitude to my family. My parents, Joyce and Daniel Ruble, encouraged me as a child to become a doctor—I am not sure a doctorate in History is what they had in mind, exactly, but they have nevertheless been supportive and proud of my endeavors. My grandmother, Lila Waite, too, has always offered her love and support. My graduate school years have also brought me closer to my brother, Charlie, as we celebrated Tar Heel victories and commiserated over their losses. Finally, I thank Eduard for his love, patience, and encouragement throughout this arduous process. Without my friends’, family’s, and partner’s love and support, I