For most of the twentieth century, marriage law in Switzerland has been organized along the lines of making the husband an authority figure in the home. Marriage was not perceived as an equal partnership but as a hierarchical system influenced by the conventions of earlier civil codes that were established in the nineteenth century.
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As explained in the historical account of matrimonial reform provided by the Swiss Parliament , this was a system whereby the husband was the decisive authority in family affairs, whereas the wife had her legal autonomy restricted in many areas of civil life. This system was increasingly perceived to be irrelevant to the realities of Swiss life and times.
Living together in marriage did not have an equal legal status
The effects of such a system were very concrete and influenced the choices made in the household in ways that seem quite strange today.
In this system, the married woman did not have complete legal independence in many spheres of life. The husband being the head of the household implied that he would often be the face of the family in a legal sense when it came to finances and administration.
In the documents published by the Swiss Parliament in connection with the reform process, we see how such an arrangement affected the freedom of women’s decision-making in marriage, specifically concerning working and economic questions, Swiss Parliament: Matrimonial Law Reform History.
It should be noted what it really meant. This did not mean that in every family, everything was done according to the letter of the law daily. The problem is that, in itself, the law established the dominant status of one of the spouses in an increasingly contradictory situation, as women entered into the world of work.
A country whose transformation outpaces legislative changes
At the turn of the twentieth century, Switzerland had become a place where changes took place gradually. Women became more engaged in work activity, and the problem of equality was becoming topical in society.
The necessity of reforming marriage laws appeared in the late 1970s when the government introduced the idea of marriage based on partnership. The concept was quite simple in theory and complicated in practice. This implied equal status of spouses instead of the hierarchical order of family members. This view was expressed by politicians in parliamentary debates. They maintained that marriage should be based on the reality of contemporary society and not on the archaic division of labor.
The referendum that pitted men against women
While the reform went through, there was no silence from conservative groups, who initiated a referendum, which meant putting the reform on a national ballot in 1985. In other words, something unexpected happened in the political history of Switzerland.
The political debate associated with the referendum took a politically controversial turn with the emergence of a conservative party politician named Christoph Blocher as one of the key proponents against the reform measure. As reported by the Swiss Parliament's official records on the referendum, it was found that there were two distinct views among the citizens on the issue.
Around 52 percent of male voters opposed the bill, while almost 61 percent of the female voters supported the reform. It is the first time in the history of Swiss federal voting that the gender lines were clear among the voters, and it eventually contributed to passing the reform measure, which had been rejected by the majority of men.
First of all, there was evidence of division between men and women. In particular, as shown by the official documentation of the Swiss Parliament, male voters opposed the reform, while female voters were strong enough in their support of it for the reform to be approved in the end. To put it simply, while most men voted against it, most women were in favor of it, and it made the reform succeed with approximately 54.7 percent of people voting in favor of it.
Reasons for emotional debates
There were also some fears that amendments to the law may affect the existing traditional family structure and legal proceedings among members of a family unit, as one of the opponents of the reform pointed out. They claimed that transferring the decision-making power to the members of a family outside the head of the household may cause confusion during a family dispute.
On the other hand, the reform supporters perceived this change quite differently. It was not only about the legal amendments; it was more about the acknowledgment that women wanted. In particular, it meant recognizing them as equal participants in marriage rather than people acting on behalf of another person legally.
The reform was closely linked to Switzerland’s 1981 constitutional amendments, according to the Swiss Parliament’s history of matrimonial law reform.
Reform changes to the law
The 1985 referendum involved more than just minor adjustments to clauses within legal language. It involved a major change in the definition of marriage under Swiss law. Under the new system, the concept of marital authority gave way to partnership, with both partners being recognized as equals in their decision-making roles within marriage.
Another less publicised but significant change involved the way that domestic labor was viewed legally. Domestic labor became more widely recognized as a contribution to the family unit rather than as hidden labor devoid of value.
There was no attempt to remove any distinctions between families or lifestyles. There was only an elimination of the assumption that one partner had authority over the other.
A reform that took a long time to come
Despite the fact that the referendum took place back in 1985, it was only in 1988 that the new family law was implemented. This is indicative of the delays that can be expected from any legislative process, regardless of political decisions.
However, by then, Switzerland had already adopted equality of the sexes in the constitution back in 1981. And this family law reform followed from the latter decision.
Why it still matters
In retrospect, the referendum in Switzerland is noted for the surprising fact that men and women voted differently, which had an impact on the result of the nation's law. It was significant for something else as well. It marked a point where private lives diverged from public law, and when the force of ongoing social development finally brought law to follow behind.
This vote of 1985 was not merely a case of redefining marriage in terms of official documents. It was part of a broader process of renegotiating authority, equality, and partnership in one of the most private places there could be, the home.
Now it is a symbol of the fact that legal changes come only after changes in real life.
