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LGBTQ rights in Germany

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Through Bisexuality, Transgender and Germany

Same-sex marriage has been legal since 1 October 2017, after the Bundestag passed legislation giving same-sex couples full marital and adoption rights on 30 June 2017. Prior to that, registered partnerships were available to same-sex couples, having been legalised in 2001. These partnerships provided most though not all of the same rights as marriages, and they ceased to be available after the introduction of same-sex marriage. Same-sex stepchild adoption first became legal in 2005 and was expanded in 2013 to allow someone in a same-sex relationship to adopt a child already adopted by their partner.

Discrimination protections on the basis of sexual orientation and gender identity vary across Germany, but discrimination in employment and the provision of goods and services is banned nationwide. Transgender people have been allowed to change their legal gender since 1980. Effective from 1 November 2024 individuals over 18 can change gender by self-determination. The law initially required them to undergo surgical alteration of their genitals in order to have key identity documents changed. This has since been declared unconstitutional. In May 2020, Germany became the fifth nation in the world to enact a nationwide ban on conversion therapy for minors.

Despite the biggest party being socially conservative on the issues of LGBTQ rights (CDU/CSU), Germany has frequently been seen as one of the most gay-friendly countries in the world. Recent polls have indicated that a large majority of Germans support same-sex marriage. Another poll, conducted by the Pew Research Center, in 2013 indicated that 87% of Germans believed that homosexuality should be accepted by society, which was the second highest score in the 39 countries polled, following Spain (88%). Berlin has been referred to by publications as one of the most gay-friendly cities in the world. Former Mayor of Berlin Klaus Wowereit is one of the most famous openly gay men in Germany, next to the former Mayor of Hamburg, Ole von Beust, the former Federal Minister of Health, Jens Spahn, the deceased former Minister for Foreign Affairs and Vice-Chancellor, Guido Westerwelle, the former Federal Ministry of the Environment, Barbara Hendricks, comedians Hape Kerkeling, and Hella von Sinnen, or political journalist Anne Will. Founded in 1981, the Akademie Waldschlösschen, an adult education conference center near Göttingen, has developed into a national networking hub for LGBTI teachers, lawyers, clergy, gay fathers and gay and lesbian student groups at German universities. Other famous gay rights activists include Rosa von Praunheim, whose film It Is Not the Homosexual Who Is Perverse, But the Society in Which He Lives (1971) triggered the modern gay liberation movement in Germany.

History of laws regarding same-sex sexual activity

Homosexuality was punishable by death in the Holy Roman Empire from 1532 until its dissolution in 1806 and from 1620 to 1794 in Prussia. The influence of the Napoleonic Code in the early 1800s sparked decriminalisations in much of Germany outside of Prussia. However, in 1871, the year the federal German Empire was formed, Paragraph 175 of the new Penal Code recriminalised homosexual acts. The first homosexual movement unsuccessfully campaigned for the repeal of the law both under the German Empire and in the Weimar Republic.

Under Nazism the persecution of homosexuals in Nazi Germany resulted in convictions multiplying by a factor of ten to about 8,000 per year. Penalties were severe, and 5,000–15,000 suspected offenders were interned in concentration camps, where most of them died. The Nazi persecution is considered the most severe persecution of homosexual men in history.

The Nazi additions were repealed in East Germany in 1950, but homosexual relations between men remained a crime until 1968. West Germany kept the more repressive version of the law, legalising male homosexual activity one year after East Germany, in 1969. The age of consent was equalized in East Germany at 14 years in 1989, and in unified Germany in 1994. It is now 14 years (16/18 in some circumstances) for female-female, male-male and female-male sexual activity.

East Germany (1949–1990)

East Germany inherited Paragraph 175. Communist gay activist Rudolf Klimmer, modelling himself on Magnus Hirschfeld and his Scientific-Humanitarian Committee, campaigned in 1954 to have the law repealed, but was unsuccessful. However, his work prevented any further convictions for homosexuality after 1957.

In the five years following the Uprising of 1953 in East Germany, the GDR Government instituted a program of "moral reform" to build a solid foundation for the new socialist republic in which masculinity and the traditional family were championed, while homosexuality, seen to contravene "healthy mores of the working people", continued to be prosecuted under Paragraph 175. Same sex activity was "alternatively viewed as a remnant of bourgeois decadence, a sign of moral weakness, and a threat to the social and political health of the nation".

In East Germany, Paragraph 175 ceased to be enforced from 1957 but remained on the books until 1968. Officially, homosexuality was decriminalized in East Germany in 1968.

According to historian Heidi Minning, attempts by lesbian and gay activists to establish a visible community were "thwarted at every turn by the GDR Government and the SED party". Minning writes: Police force was used on numerous occasions to break up or prevent public gay and lesbian events. Centralized censorship prevented the presentation of homosexuality in print and electronic media, as well as the import of such materials.

The Protestant Church provided more support than the state, allowing meeting spaces and printing facilities. Eduard Stapel was an important figure in the creation of meetings in Protestant Church spaces, in his case in Leipzig. In a 1994 interview, conducted and published by researcher Kurt Strake, Stapel emphasized the importance of these meetings as one of the first gathering spaces for the gay community in East Germany. Stapel mentioned attempts to create a community before the 1980s, but still considered the meetings in the church starting in 1982 as the most important.

On 11 August 1987, the East German Supreme Court affirmed that "homosexuality, just like heterosexuality, represents a variant of sexual behavior. Homosexual people do therefore not stand outside socialist society, and the civil rights are warranted to them exactly as to all other citizens".

In 1988, the German Hygiene Museum in Dresden commissioned the state-owned film studio, DEFA, to make the documentary film Die andere Liebe ("The Other Love"). It was the first DEFA film about homosexuality, and its aim was to convey official state acceptance. In 1989, the German Hygiene Museum also commissioned DEFA to make the GDR's only HIV/AIDS prevention documentary, Liebe ohne Angst ("Love Without Fear"). This did not focus on homosexuality directly but pointed out that AIDS was not a "gay disease."

In 1989, DEFA also produced the film Coming Out, directed by Heiner Carow, telling the story of an East German man coming to accept his homosexuality. Much of the film was shot in East Berlin gay bars. It was the only East German feature film about same-sex desire ever produced. It won a number of awards, including a Silver Bear and Teddy Award at the 40th Berlin International Film Festival, and awards at the National Feature Film Festival of the GDR.

Jürgen Lemke is considered one of the most prominent East German gay rights activists and has published a book on the subject (Gay Voices from East Germany, English edition published in 1991). Lemke claimed that the gay community was far more united in the GDR than it was in the West.

West Germany (1949–1990)

West Germany inherited Paragraph 175, which remained on the books until 1969. However, as opposed to East Germany, the churches' influence in West Germany was very strong. Fundamentalist Protestants and the Roman Catholic Church were staunchly opposed to LGBT rights legislation.

The Frankfurt Homosexual Trials of 1950/51 constituted a significant chapter in the persecution of homosexual men within the Federal Republic of Germany, representing a continuity from the Nazi era while also occurring under the new administration of the Adenauer era. Primarily instigated by the Frankfurt public prosecutor's office, these trials were propelled forward with the aid of sex worker Otto Blankenstein, who served as a pivotal witness.

Amidst prevailing socially conservative sentiments, the German Christian Democratic Union, wielding considerable political influence in post-war West Germany, generally disregarded or actively opposed gay rights issues. Conversely, their frequent coalition partners, the Free Democratic Party, often espoused stronger advocacy for civil liberties. However, as a smaller political entity, the Free Democratic Party was often reticent to antagonize the more socially conservative factions within the larger Christian Democratic Union.

During the Cold War era, support for gay rights in Germany was generally restricted to the Free Democratic Party, the Social Democratic Party and, later in the 1980s, the Greens. At the national level, advancements in gay rights did not begin to happen until the end of the Cold War and the electoral success of the Social Democratic Party. For example, in 1990, the law was changed so that homosexuality and bisexuality were no longer grounds for being discriminated against in the military.

The first kiss between two men on German television was shown in Rosa von Praunheim's film It Is Not the Homosexual Who Is Perverse, But the Society in Which He Lives (1971). This film marks the beginning of the German modern gay liberation movement. In 1986, the popular soap opera Lindenstraße showed the first gay kiss in a German TV series. From then on, many other television shows followed this example. The creation of private TV stations in 1984 resulted in a stronger LGBT presence in the media by the end of the decade. The station RTL in particular was very gay-friendly and some TV stars had come out by then.

Annulment of convictions

In 2002, the German Government decided to overturn any convictions for homosexuality made during the Nazi period.

In May 2016, Justice Minister Heiko Maas announced that gay and bisexual men who were convicted of same-sex sexual activity after World War II would have their convictions overturned. Maas said the following in a statement:

We will never be able to eliminate completely these outrages by the state, but we want to rehabilitate the victims. The homosexual men who were convicted should no longer have to live with the taint of conviction.

In October 2016, the German Government announced the introduction of a draft law to pardon around 50,000 men for the prosecutions they endured due to their sexual orientation. On 22 March 2017, the Germany Cabinet officially approved the bill. The bill, which also includes compensation of €3,000 for each conviction, plus €1,500 for every year of jail time, then had to obtain parliamentary approval. On 22 June 2017, the Bundestag (German Parliament) unanimously passed the bill to implement the scheme to rehabilitate gay and bisexual men. The bill then went back to the Bundesrat for final approval, and was signed into law by German President Frank-Walter Steinmeier on 17 July 2017.

Compensation scheme

In September 2021, Germany implemented a compensation scheme for hundreds and possibly thousands of LGBT victims of the law criminalizing homosexual acts, which continued to apply in West Germany in its Nazi era version until 1969.

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