Paragraph 175

Paragraph 175
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Number	175
Enacted	May 15, 1871
Amended	June 28, 1935, March 10, 1994
Repealed	June 11, 1994 (East Germany: July 1, 1968)

Paragraph 175 was a provision of the German Criminal Code that criminalized sexual relations between men. Enacted in 1871 following the unification of Germany under the German Empire, it was based on earlier Prussian laws. The statute was infrequently enforced during the Weimar Republic despite the vibrant gay subculture in cities like Berlin. Its most severe application occurred under the Nazi Party, leading to the brutal persecution of tens of thousands of men. After World War II, the law remained in force in both West Germany and East Germany for decades, with final repeal not occurring until 1994, long after similar laws were abolished in other Western nations.

Historical context and origins

The legal roots of the statute can be traced to earlier sodomy laws, such as those in the Prussian Penal Code of 1851. Upon the formation of the German Empire in 1871, the law was incorporated into the new national Reich Criminal Code. The late 19th and early 20th centuries saw growing advocacy for its repeal, notably from pioneers like Magnus Hirschfeld, who founded the Scientific-Humanitarian Committee. Despite opposition from figures like Kaiser Wilhelm II and conservative elements in the Reichstag, a vibrant homosexual rights movement flourished, particularly in the cultural milieu of the Weimar Republic. However, the rise of the Nazi Party and the ascent of Adolf Hitler in 1933 marked a catastrophic turning point for LGBT Germans.

Text and legal provisions

The original text criminalized "unnatural fornication" between men, a vague term that was typically interpreted to mean mutual masturbation and anal intercourse. This ambiguity allowed for broad judicial interpretation. A pivotal change came with the 1935 amendment under the Nazi regime, often referred to as the "hardened" version. This revision, drafted by officials like Roland Freisler, expanded the definition to include any act construed as sexually indecent, significantly lowering the burden of proof. The new text facilitated mass convictions, with punishments ranging from imprisonment to castration. The law specifically targeted male homosexuality, leaving lesbian relationships largely unaddressed, a disparity noted by later historians.

Enforcement and persecution

Enforcement varied dramatically across different political eras. During the Weimar Republic, police in cities like Berlin and Hamburg maintained registries of homosexuals, but prosecutions were relatively rare. This changed utterly after the Nazi seizure of power. The Gestapo and the SS, under leaders like Heinrich Himmler, aggressively pursued homosexual men, who were seen as a threat to Nazi racial ideology. Tens of thousands were arrested, with many sent to concentration camps such as Sachsenhausen, Buchenwald, and Dachau, where they were forced to wear a pink triangle. Notable victims included the librettist Friedrich Zippel and the director of the Reichsbank, Karl Mauss. Persecution continued even during the final days of the Battle of Berlin.

Post-war legacy and repeal

In the aftermath of World War II, the Allied Control Council did not abolish the statute. Astonishingly, both West Germany and East Germany retained the Nazi-era 1935 version, with courts arguing the law itself was not a Nazi-specific invention. In the Federal Republic of Germany, enforcement continued, leading to over 50,000 convictions between 1945 and 1969, devastating countless lives. Partial reform began in 1969 under Chancellor Willy Brandt, but full legal equality remained elusive. The law was finally repealed entirely in unified Germany in 1994, following a long campaign by activists and a pivotal ruling by the Federal Constitutional Court. This came years after the German Democratic Republic had abolished its version in 1968.

Memorialization and recognition

Recognition of the victims' suffering was slow. For decades, they were excluded from official compensation under the Federal Compensation Law (BEG). The first major memorial, the Memorial to Homosexuals Persecuted Under Nazism in Berlin's Tiergarten, was inaugurated in 2008 after years of advocacy. Other memorials have been established at the former sites of the Mauthausen concentration camp and in Cologne. In 2017, the Bundestag passed a landmark resolution to annul the unjust convictions of approximately 50,000 men post-1945 and provide symbolic compensation. This act of historical justice was championed by politicians like Volker Beck and is part of a broader reconciliation process in modern Germany.

Category:German criminal law Category:LGBT history in Germany Category:Nazi persecution of homosexuals