Date: Sat, 19 Mar 1994 16:51:24 +0100 (MET) From: Bj|rn Skolander Subject: The History of Section 175 of the German Criminal Code _________________________________________________________________ Die Geschichte des Paragraphen 175 - The history of section 175 _________________________________________________________________ Last Thursday, March 10th, was a historic day for Germany's gay movement. The German parliament (Bundestag) abolished the socalled "homosexual section" (section 175) of the German criminal code. Now gays mustn't be punished because of their sexual orientation. Age of consent for all Germans was set to 16 years. A look at the history of section 175 shows the importance of last week's decision - the facts are mainly taken from [GROS}: 1871 Section 175 first appears in the German criminal code; it has its origin in the Prussian criminal code. The section says at this time: Unnatural sexual acts between two male persons or a man and an animal are to punish with prison. From the beginning there was a lot of discussion about the law. The courts normally only punished anal intercourse - not a kiss etc. 1879 Dr. Magnus Hirschfeld and his "scientific humanitarian commitee" begin their fight against section 175. 1918 The German Republic was founded. Section 175 stays in the criminal code. Mainly responsible for that decision is the catholic party "Zentrum" (Centre). In the following years the "scientific humanitarian commitee" tries several times to abolish the section. Oct 16 Representants of the parties KPD (communistic party) and 1929 SPD (socialdemocratic party) suggest to the government to abolish section 175. It seems like a near victory for the gay movement, but ... Hitler and the nazis appear and the situation gets worse: All homosexual organisations are prohibited. 1935 The prosecution of homosexuals is intensified. Even a kiss can lead to a charge and several years in prison 1933-45 "In the time of the nazis about 50.000 men have been sentenced under section 175, about 10.000 of them came into concentration camps", writes Lutz von Dijk in his book about homosexuals in nazi-Germany [DIJK]. A lot of gays were castrated. 1945-69 "The NS-section in its intensified form was valid until 1969; a sentence during the nazi-time was even considered as a previous conviction in the years after 1945", writes Lutz van Dijk. The sitution for gays is harder in these years than before 1935. "Homosexuals in Germany had no chance to get compensation until 1987" [DIJK] Wolfgang Popp, a professor at the university in siegen, born in 1935, writes in [DIJK]: "With difficulties and an enormous democratic effort of the homosexuals in 1969 the fascistic section 175 at least was made less strict, so that we, grown up men, could finally live together without being criminals." 1973 The last version of section 175: Sexual acts between a man over 18 and a man under 18 years are prohibited. 1990 The Unification of the 2 German countries: First announcement that section 175 will be abolished. The "unification contract" says, there will be a common law for both territories within 3 years. The GDR has already abolished its "gay section" in 1987. 1994 With a delay of nearly one year section 175 disappears out of the German criminal code (Grundgesetz). Some further remarks: The gay movement wanted, that section 175 is abolished without further changes in the criminal code. That's not the case. The parliament changed section 182 (protection of the youth). It punishes sex for money with children and child abuse. The age of consent for heterosexual (before 14) and homosexuals (before 18) is now 16. The word "homosexuality" doesn't appear in section 182. But GLB- representants fear that sect. 182 will be applied mostly to homosexuals. The situation for lesbians worsened a lot: Until now sex between women and girls wasn't punished at all. Now punishment is possible - though not very probable. Jochen Erlangen, Germany __________________________ literature: [GROS} Thomas Grossmann: Schwul - na und?, rororo, Hamburg 1991 [DIJK} Lutz van Dijk: Ein erfuelltes Leben - trotzdem; Erinnerungen Homosexueller 1933-1945, rororo, Hamburg 1992