Historical Overview
Paragraph 175 was adopted in 1871, shortly after Germany was unified. Beginning in the 1890s, sexual reformers fought against the "disgraceful paragraph," and soon won the support of August Bebel, head of the Social Democratic Party (SPD). But a petition in the Reichstag to abolish Paragraph 175 foundered in 1898. In 1907, a Reichstag Committee decided to broaden the paragraph to make lesbian sexual acts punishable as well, but that legislation languished for ten years and was finally dropped in 1917. In 1929, another Reichstag Committee decided to repeal Paragraph 175 with the votes of the Social Democrats, the Communist Party (KPD) and the German Democratic Party (DDP); however, the rise of the Nazi Party prevented the implementation of the repeal. Although modified at various times, the paragraph remained part of German law until 1994.
In 1935, the Nazis broadened the law so that the courts could pursue any "lewd act" whatsoever, even one involving no physical contact, such as masturbating next to each other. Convictions multiplied by a factor of ten to about 8,000 per year. Furthermore, the Gestapo could transport suspected offenders to concentration camps without any legal justification at all (even if they had been acquitted or already served their sentence in jail). Thus, between 5,000 and 15,000 homosexual men were forced into concentration camps, where they were identified by the pink triangle. The majority of them died there.
While the Nazi persecution of homosexuals is reasonably well-known today, far less attention had been given to the continuation of this persecution in post-war Germany. In 1945, after the concentration camps were liberated, some homosexual prisoners were recalled to custody to serve out their sentence under Paragraph 175. In 1950, East Germany abolished Nazi amendments to Paragraph 175, whereas West Germany kept them and even had them confirmed by its Constitutional Court. About 100,000 men were implicated in legal proceedings from 1945 to 1969, and about 50,000 were convicted. Some individuals accused under Paragraph 175 committed suicide. In 1969, the government eased Paragraph 175 by providing for an age of consent of 21. The age of consent was lowered to 18 in 1973, and finally the paragraph was repealed and the age of consent lowered to 14, the same that is in force for heterosexual acts, in 1994. East Germany had already reformed its more lenient version of the paragraph in 1968, and repealed it in 1988.
Read more about this topic: Paragraph 175
Famous quotes containing the word historical:
“Some of us still get all weepy when we think about the Gaia Hypothesis, the idea that earth is a big furry goddess-creature who resembles everybody’s mom in that she knows what’s best for us. But if you look at the historical record—Krakatoa, Mt. Vesuvius, Hurricane Charley, poison ivy, and so forth down the ages—you have to ask yourself: Whose side is she on, anyway?”
—Barbara Ehrenreich (b. 1941)