Germany's criminalization of gay sex ended 30 years ago

Patrick Dörr was only 10 years old when a truly historic moment took place: in 1994, the German government decided to repeal Paragraph 175, which criminalized sex between men. Looking back on the event, Dörr, who sits on the national board of the Lesbian and Gay Association in Germany, said it came much too late. But he recalled how very different social politics were in Germany three decades ago.

"In 1994, such things still weren't discussed in Germany. It wasn't a topic we discussed at school — I didn't know anyone else who was gay. Role models in the media were scarce. All of that has truly changed, which is a good thing," he told DW.

West Germany maintained Nazi legislation

The so-called "gay paragraph" was written in the 19th century. When the German Empire was founded in 1871, the law was introduced to punish "unnatural fornication" between men — with up to six months in prison.

The Nazis further intensified the persecution: just a kiss or a lustful look could land a gay man in prison. Cases of "serious indecency" could be punished with up to 10 years' imprisonment. During the Nazi era, around 100,000 homosexuals were abducted, tortured and murdered.

Following World War II, the Federal Republic of Germany, or West Germany, preserved the Nazi version of the law, mostly unchanged. The German Democratic Republic, communist East Germany, reverted to the earlier clause. In West Germany, around 100,000 gay men were zealously charged, aided by the Nazis' so-called "pink lists." Half of those charged were convicted, and given excessive prison sentences.

During the German reunification process in 1989-1990, East Germany stipulated that West Germany's version of the law — especially Paragraph 175, but also its clause on abortion — should not be maintained in the constitution. Many experts believe reunification actually sped up the process of abolishing Paragraph 175.

LGBTQ+ rights progress, but few compensated

The lives of gay people in Germany were made difficult by law for 123 long years. But since then, said Dörr, gay rights have progressed.

"First, in 2001, the Civil Partnership Act was introduced under the red-green coalition government. Then in 2017, marriage-for-all was introduced under then Chancellor Angela Merkel. In 2018, the civil registry started recognizing a third gender. And just recently, the Self-Determination Act was passed, which allows transgender and intersex people to determine themselves," he said.

Despite all the progress, Paragraph 175 has stained German history. At least there is now the opportunity for those affected by it, whether they were sentenced or acquitted, to apply for compensation through 2027. In addition, anyone who can prove they suffered professional, economic or health disadvantages because of the law can also apply. A spokesperson for the Justice Ministry told DW that 353 applications had been received by May 1 of this year, and 262 had been approved.

"There should have been more," said Georg Härpfer, the former chairman of the national interest group for gay senior citizens in Germany. "We expected 5,000 people to apply. But most who were convicted in the mid-1950s to mid-1960s have already died. Some told us they didn't want to deal with it any longer, that they have made peace with it. Others told us that the maximum compensation of €6,000 ($6,407), is far too little."

Härpfer has probably done more than anyone else to support the victims of Paragraph 175. For many years, he traveled throughout Germany to inform the victims of the law about their rights. He even set up a free hotline, and placed ads in two magazines that are available in bakeries and pharmacies in Germany, in order to reach people by all possible means.

"A compensation application was even submitted by a 99-year-old, but it was turned down. We have to keep in mind that these people were not only criminalized with a two-year prison sentence, they were also socially ostracized because of that criminal record. If they were working in public service, they were fired — or couldn't get hired."

Hostility toward LGBTQ+ people on the rise

So what are the lives of queer people in Germany like today, 30 years after the abolition of Paragraph 175? An international survey published in early June by Ipsos, a market and opinion research institute, showed that a clear majority of Germans — almost 75% — oppose discrimination against queer people, and support equal rights. But an increasing number of young men, in particular, hold anti-LGBTQ+ views.

"We can see that the continual improvement in social acceptance over the past few decades seems to have stopped. What is truly worrying now is that Generation Z seems to be divided," said Dörr. "Approval ratings for queer lifestyles are still rising among women. But among young men, they are actually falling again. And of course, that is worrying."

This negative trend is reflected in the growing number of crimes against sexual orientation being recorded by German police. Some 1,500 were reported in 2023, and such attacks have been intensifying over the past decade.

Dörr said that in addition to rising hostility on the streets, attacks are increasing at gay-specific events, like Christopher Street Day, Berlin's annual gay pride event. He said Article 3 of the German constitution, the law on equal treatment for all people, urgently needs to be updated.

"Gay or queer people are not explicitly mentioned. So amending Article 3 of the German Constitution is a priority. And it must be made clear that no one may experience discrimination — regardless of sexual orientation, or gender identity."

This article was originally written in German.

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