Teacher celibacy

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The teachers celibacy was a legal regulation, the incompatibility of marriage and profession for teachers laid wrote.

German Empire and after 1945

background

In 1880, female teacher celibacy was introduced in the German Reich by ministerial decree. He forbade to marry female teachers; disregard was followed by dismissal. In the Grand Duchy of Baden of civil celibacy was introduced in 1888. He revoked the civil servant status of a civil servant upon marriage, thus making the position terminable, and at the same time the entitlement to a pension expired . The basis for this were aspects of labor market policy and moral ideas about the gender order .

Working for a lifetime did not correspond to the civil role of women . The teaching profession only served the short-term care of unmarried young women from middle-class families. Women were not trusted to withstand the double burden of work and family, and working women were seen as unnecessary competition on the job market. Teacher celibacy was thus an instrument with which one could react flexibly to the respective labor market situation through discrimination - if there was a shortage of teachers , it was relaxed, if there was an oversupply, teachers could be pushed out of the labor market.

Professional ethics, morals and celibacy

From today's perspective, it seems difficult to understand that the bourgeois women's movement did not also link emancipatory aspects with female teacher celibacy: In the course of the bourgeois women's movement at the end of the 19th century, women had fought for access to middle and higher education institutions and to a number of qualified professions , mostly in the educational and social field. For working class women, there was no question of whether work and family could be reconciled . For the bourgeois women's movement this remained unresolved for the time being. To forego family in order to consciously dedicate oneself to professional fulfillment was seen as an emancipatory decision. The celibacy of teachers thus expressed the “inner calling” and shaped the professional ethos of the teachers.

At the same time, there were attempts to symbolically enhance female teacher celibacy with religious values. The long-time chairwoman of the Association of Catholic German Teachers , Maria Johanna Schmitz , wrote, who had already spoken out in favor of celibacy at the Weimar National Assembly :

“The teacher - as we wanted and raised her - should devote herself to her profession with all her might. She is to leave the profession when she realizes that she is to enter the marriage and take up another high-quality profession. It should be undivided as long as it is in school. And out of this experience she should have the ability to see the teaching profession also as a life profession, to consecrate herself to it forever, and she can do this all the more if she is in the Catholic Church, which she is in the doctrine of the consecrated to God Virginity is a wonderful pointer, yes, a transfiguration for this holistic task of the profession. It is a social act of our association when it expects from its members that they, the people's educators, do not combine marriage and school service. They should set an example of what they expect as a social development: the recovery of women undivided for the family ... Our ideal is the connection of Christian virginity with the ideal of teachers. In a time when a holy radicalism must be contrasted with the radicalism of the wicked, it is as contemporary as ever "

- Catholic women's education 1955, p. 80 f.

However, many women's rights activists, such as Maria Lischnewska , also campaigned for the marriage ban to be lifted.

Retirement pension

If a teacher got married, she not only lost her position due to the celibacy of teachers, but also any right to a pension.

Repeal

In Article 128 II of the Weimar Constitution of 1919, female teacher celibacy was abolished at the request of the SPD with the consent of the DDP , DVP and USPD : “All exceptions against female civil servants will be eliminated.” It was reintroduced in October 1923 for reasons of labor market policy: the downsizing ordinance allowed the dismissal of married civil servants in order to secure jobs for men in economically difficult times. Unmarried teachers had to  pay a “single tax” - a ten percent wage tax surcharge . Since they also earned less than male teachers of the same rank, a marriage might seem worthwhile for financial reasons alone.

The German Civil Service Act (DBG) provided for a celibacy clause in Section 63 DBG . This was mitigated by § 3 No. 10 Federal Personnel Act (BPG) with effect from June 16, 1950, so that now a civil servant who married could no longer be dismissed as “always”, but could be dismissed when her economic Care appeared to be permanently assured according to the level of family income. In addition, the federal version of the DV on § 63 DBG tied the dismissal of married civil servants to stricter conditions and stipulated that they must be re-employed in the public service if they subsequently lost their permanent economic support.

The staff reduction ordinance was valid until 1951 (except in the GDR ). Only then were teachers able to start a family and continue to work: The dismissal due to “double earnings” was abolished at this point; the civil celibacy no longer applied from this point in time.

In the service law of the state of Baden-Württemberg, the regulation still existed until 1956 that a teacher had to quit her position in the event of marriage. That is why there were many unmarried teachers, especially in primary schools.

In a judgment of May 10, 1957, the Federal Labor Court declared that a celibacy clause in employment contracts was generally unconstitutional and therefore void.

Austria

In Austria-Hungary , from 1867 onwards, a distinction had to be made between the kingdoms and countries (Austria) united in the Imperial Council and the countries of the Hungarian crown (Hungary). As a result of the liberal school reform of 1868/69, legal marriage restrictions for teachers were introduced in most of the Austrian states. Teachers either required the consent of the school authorities ( marriage consensus ) or they were completely forbidden from getting married. Some of their male colleagues were sub-teachers who were subject to a marriage consensus. Only in Dalmatia was there continuous marriage freedom for female teachers until the end of the monarchy.

Legal restrictions on marriage for teachers at public elementary schools in Austria from 1870 to 1911 (excluding the imperial city of Trieste)
Freedom of marriage
Lower Austria 1870–1905, Vienna 1911–1918
Silesia 1870–1901 (teachers only)
Dalmatia 1872-1918
Styria 1874-1899
Marriage consensus
Bucovina 1870-1918
Carniola 1870-1918
Moravia 1870-1904
Silesia 1870–1901 (sub-teachers)
Galicia 1873-1918
Upper Austria 1870-1901
Istria 1874–1908 (sub-teachers)
Styria 1874–1918 (marriages with teachers)
Ban on marriage
Bohemia 1870-1918
Gorizia and Gradisca 1870-1918
Carinthia 1870-1918
Salzburg 1870-1918
Vorarlberg 1870-1918
Upper Austria 1870-1873, 1901-1918
Styria 1870–1874, 1899–1918 (except for teachers)
Istria 1870-1874, 1908-1918
Tyrol 1892-1918
Silesia 1901-1918
Moravia 1905-1918
Lower Austria 1905–1918, Vienna 1905–1911

In the Kingdom of Hungary there was no legal marriage prohibition for teachers in the state education sector, apart from Croatia. At 25 percent, the proportion of women teaching staff in Hungary around 1900 was still just below the Austrian average. In the Kingdom of Croatia , which had a special position within the Hungarian state, a statutory celibacy of female teachers was in effect from 1888, which was lifted in 1914 for permanent teachers and softened to a marriage consensus for provisional teachers.

In the Republic of Austria , the federal states of Vorarlberg and Tyrol initially retained female teacher celibacy. Other federal states lifted it in 1919 or reduced it to a marriage consensus. As a result of the financial crisis in 1922/23 and the global economic crisis in 1930 led her back marriage restrictions one to marriage prohibitions. At that time, Lower Austria and Vienna were the only countries in which female teachers continued to enjoy freedom of marriage. However, until 1928 , the “red Vienna” took on almost no new teachers. The "black Lower Austria" generously employed such and in times of crisis persuaded hundreds of married teachers for social reasons to "voluntarily" do without.

After 1945 the provincial governments of Salzburg , Tyrol and Vorarlberg advocated maintaining the legal celibacy of teachers. For clarification, the National Council explicitly referred to Section 12 (1) of the Federal Act of July 13, 1949 on Service Income and the Rest and Pension Benefits of Teachers under the Service Authority of the Länder (State Teachers' Salary Transfer Act), Federal Law Gazette No. 188/1949 a line:

"With the start of this federal law, the conflicting, previously applicable service regulations, in particular those relating to the different treatment of male and female teachers, cease to apply to the group of people to whom it applies."

- Section 12 (1) of the State Teacher's Salary Transfer Act

Switzerland

In Switzerland, too, a law on female teacher celibacy was passed in 1912 in the canton of Zurich: “Primary and secondary school teachers who get married must resign from their office before the marriage is concluded.” The law did not expire until 1962.

See also

literature

  • Andrea Abele-Brehm: 100 Years of Academic Women's Education in Bavaria and Erlangen - Review and Perspectives . Erlangen University Speeches, Volume 3, No. 64. Erlangen 2004.
  • Ingrid Biermann: The sensitive half. Femininity concepts of the 19th and early 20th centuries in family guides and writings of the women's movement . Kleine, Bielefeld 2002, ISBN 3-89370-360-8 .
  • Rainer Bölling: Social history of the German teachers. An overview from 1800 to the present . Vandenhoeck & Ruprecht, Göttingen 1983, ISBN 3-525-33489-3 .
  • Christine Eichel: Germany, your teachers: Why the future of our children is decided in the classroom . Blessing, Munich 2014, ISBN 978-3-641-12370-3
  • Gottfried Hodel: From teacher celibacy to the fight against double earning . In: Journal for Pedagogical Historiography , 9, 2003, Issue 1, pp. 21–30.
  • Claudia Huerkamp : The teacher . In: Ute Frevert (Ed.): The man of the 19th century . Campus, Frankfurt am Main 1999, ISBN 3-593-36024-1 , pp. 176-200.
  • Gudrun Kling: The legal construction of the female civil servant. Women in public service in the Grand Duchy of Baden in the 19th and early 20th centuries . In: Ute Gerhard (ed.): Women in the history of law. From the early modern times to the present , Beck, Munich 1997, ISBN 3-406-42866-5 , pp. 600–616.
  • Ulrich Nachbaur : Teacher celibacy: On the history of compulsory school teachers in Vorarlberg in comparison with other countries (=  publications by the Institute for Social Science Regional Research . Volume 8 ). Roderer Verlag , Regensburg 2011, ISBN 978-3-89783-723-2 ( full text as PDF on the website of the Vorarlberger Landesarchiv ).

Individual evidence

  1. ↑ Baden law and regulation gazettes - digitized: §. 134. The female civil servant , Karlsruhe, July 1888, p. 441.
  2. ↑ Christine Eichel: Germany, your teachers
  3. ^ Claudia Huerkamp: Bildungsbürgerinnen: Women in Studies and Academic Professions, 1900-1945 , Göttingen 1994, p. 215.
  4. ↑ “The celibacy clause stipulated that the civil servant had to leave the service when she married, and consequently only single or childless widowed women were employed at all. In the event of marriage, the entitlement to the pension expired completely. ”Quoted from: E. Kohler-Gehrig: The history of women in law (PDF; 241 kB), University of Public Administration and Finance Ludwigsburg, August 2007, p. 23.
  5. ↑ See the reasons for the judgment in the judgment of November 27, 1963, Az .: BVerwG VI C 125.61 , Federal Administrative Court.
  6. ↑ Bärbel Maul: Female academics in the post-war period: a comparison between the Federal Republic of Germany and the GDR , Campus Verlag (2002), ISBN 978-3-593-37131-3 , [url = https://books.google.com/books ? id = lRA8WG9HHhcC & pg = PA34 p. 34].
  7. ^ Judgment of the First Senate of the Federal Labor Court v. May 10, 1957, 1_AZR 249/563
  8. ↑ Ulrich Nachbaur : Teacher Celibacy: On the history of compulsory school teachers in Vorarlberg in comparison with other countries (=  publications of the Institute for Social Science Regional Research . Volume 8 ). Roderer Verlag , Regensburg 2011, ISBN 978-3-89783-723-2 , pp. 32–103 ( full text as PDF on the Vorarlberger Landesarchiv website ).
  9. ↑ Ulrich Nachbaur : Teacher Celibacy: On the history of compulsory school teachers in Vorarlberg in comparison with other countries (=  publications of the Institute for Social Science Regional Research . Volume 8 ). Roderer Verlag , Regensburg 2011, ISBN 978-3-89783-723-2 , pp. 86 ( full text as PDF on the Vorarlberger Landesarchiv website ).
  10. ↑ Ulrich Nachbaur : Teacher Celibacy: On the history of compulsory school teachers in Vorarlberg in comparison with other countries (=  publications of the Institute for Social Science Regional Research . Volume 8 ). Roderer Verlag , Regensburg 2011, ISBN 978-3-89783-723-2 , pp. 89–90 ( full text as PDF on the Vorarlberger Landesarchiv website ).
  11. ↑ Ulrich Nachbaur : Teacher Celibacy: On the history of compulsory school teachers in Vorarlberg in comparison with other countries (=  publications of the Institute for Social Science Regional Research . Volume 8 ). Roderer Verlag , Regensburg 2011, ISBN 978-3-89783-723-2 , pp. 104–144 ( full text as PDF on the Vorarlberger Landesarchiv website ).
  12. ↑ Ulrich Nachbaur : Teacher Celibacy: On the history of compulsory school teachers in Vorarlberg in comparison with other countries (=  publications of the Institute for Social Science Regional Research . Volume 8 ). Roderer Verlag , Regensburg 2011, ISBN 978-3-89783-723-2 , pp. 152–162 ( full text as PDF on the Vorarlberger Landesarchiv website ).
  13. ↑ Brief Zurich Constitutional History 1218-2000 HG. from the State Archives of the Canton of Zurich (page 98, PDF; 3.2 MB).