The Dictionary of Homophobia (67 page)

1871–1933: Homosexuality & Politics Under the Wilhelm Germany and the Weimar Republic
According to Section 175 of the Criminal Code of the German Empire (1871), “sexual acts against nature (
widernatürliche Unzucht
) that are perpetrated, whether between persons of male gender or between men and animals, are punishable by imprisonment. There may also be a pronouncement of loss of civic rights.” Even though the formulation of the paragraph remained vague,
jurisprudence
chose to restrict its interpretation to apply only to “acts resembling coitus” (
beischlafähnliche Handlungen
). Consequently, the police discovered relatively few homosexuals, and if they were, it was either because they were exposed, or because their habits (for example, cruising the urinals) exposed them. The working class was thus overrepresented among those charged. However, it is important not to underestimate the reach of the law: between 1902 and 1918, the average number of arrests per year was 380, and 704 between 1919 and 1934. Punishment, which varied notably with regard to the “gravity” of the act perpetrated and the age of the protagonists, was, in the majority of cases, less than three months of
imprisonment
, but the intensity of the repression was not the same depending on the region. The capital of Berlin, in particular, enjoyed a reputation for
tolerance
, as police repression was rarely practiced in areas where homosexuals congregated, which allowed for the blossoming of a real homosexual subculture. It appears, nonetheless, that the
police
maintained lists of homosexuals (
Rosa Listen
), which were then used by the Nazis to follow through with their destructive projects. On the other hand, the threat of the law always placed homosexuals at the mercy of blackmailers, and sometimes led them to commit
suicide
. As for Section 175, despite militant action by several homosexual groups such as Magnus
Hirschfeld
’s Wissenschaftlich-humanitäres Komitee (Humanitarian Scientific Committee), and the tabling of several bills at the Reichstag seeking to revise it, it was never abolished. A 1929 bill which did provide for Section 175’s abolishment, and which was supported by leftist parties such as the Sozialdemokratische Partei Deutschlands (SPD; Social Democratic Party of Germany) and the Kommunistische Partei Deutschlands (KPD; Communist Party of Germany), was finally abandoned following a change in the majority.

Meanwhile, homophobic public opinion was constantly fed by various
scandals
and media campaigns. In 1902, industry magnate Alfred Krupp was challenged by the socialist newspaper
Vorwärts
, which accused him of entertaining young men in his villa on the island of Capri, pushing him to suicide. It was, however, the
Eulenburg affair
(1907–09), concerning accusations of homosexual conduct among members of Kaiser Wilhelm II’s cabinet and entourage that resulted in court-martials and trials, that made a lasting mark on the public imagination. First uncovered by journalist Maximilian Harden, and following a series of military scandals, it brought to issue associates of Wilhelm II; Prince Philipp of Eulenburg, one of his councilors and friends; and Count Kuno von Moltke, the military commander of Berlin. The political implications were not absent, for Eulenburg, who favored a reconciliation with France, had, during the Moroccan Crisis (between Germany and France over the colony of Morocco), drawn upon himself the resentment of the military. The trials that followed, which were highly sensational, were widely covered by the press and contributed to encouraging homophobic and anti-Semitic prejudices among the public (Magnus Hirschfeld, who was called to witness, was Jewish). The accusation of
treason
against homosexuals, often leveled in the past, became popular again, and elsewhere on the continent, homosexuality was often described as the “German
vice
.” Concern was such that a 1909 bill sought not only to make Section 175 stronger, but also have it apply to lesbians (it was not approved). However, lesbians, if they remained discreet, did not worry, even if the image of the single and independent woman was often denounced as a danger to the
family
and to public morals. In the 1920s, feminists were often designated as lesbians. In fact, after World War I, the greater visibility of homosexuals led people to believe in a “
contagion
” of sorts. Certain religious groups (such as the committee of the German Evangelical Church, led by Reinhard Mumm) as well as some political parties (such as the Deutschnationale Volkspartei [German National People’s Party], which grouped conservative and extreme right-wing forces) led an active campaign “against trash and smut” (
gegen Schund und Schmutz
) in order to protect the young from “modern” dangers, such as homosexuality. A certain number of gay and lesbian publications paid the price. Richard Oswald and Hirschfeld’s film,
Anders als die Andern
(1919) (Different from the others), fell under the hammer of
censorship
after riots broke out in cities, including Munich, following screenings.

At the end of the 1920s, homophobic arguments in Germany were increasingly used for political ends. The SPD and the KPD, which had until then supported the gay cause, did not hesitate, in the context of the fight against fascism, to use the accusation of homosexuality as a way to discredit Nazi leaders, planting suspicion in the public’s mind. Ernst Röhm, leader of the SA (Sturmabteilung, the stormtrooper assault section) and a notorious homosexual, was thus the target of a virulent media campaign organized by the
Münchner Post
(Munich post) or
Die Rote Fahne
(The red flag). In 1934, alongside the criminalization of homosexuality, its consideration as a “fascist perversion” became the new line of the Communist Party. German emigrants contributed largely to the spreading of rumors of widespread homosexuality within the Nazi Party, even though the Nazis’ persecution against homosexuals was already in progress.

1933–45: The Persecution of Homosexuals Under Nazism
The pinnacle of homophobia in Germany was achieved under the Nazi regime. Even before its ascension to power, the Nationalsozialistische Deutsche Arbeiterpartei (National Socialist German Workers Party), the party of National Socialism, or Nazism, was known for its homophobic positions. During meetings in Munich, Hirschfeld was the target of extremely violent physical attacks. There was a certain ambiguity regarding the motive to the attacks, however, and gay movements were not wholly convinced of the Party’s hostility toward them. This was due not only to Röhm’s well-known homosexuality and his membership in the Bund für Menschenrecht (Union for Human Rights), but also to Hans Bluher’s theories of
Männerbund
(which elevated the idea of the homosexual warrior) held by a minority of the Nazi party. Bluher, an associate of certain circles within the SA, and also a member of a homosexual group, Gemeinschaft der Eigenen (Community of the Self-Owners) had studied the organization of German youth groups such as Wandervogel (“migratory bird”) and had deduced the value of homoerotic relations, sublimated by a devotion to the leader. If homosexuals were still questioning how the Nazis viewed them, however, a number of events would dissipate all doubts. The infamous Night of the Long Knives (June 1934) led to Röhm’s elimination, as well as that of the SA. From then on, the Party’s official position—as expressed notably by SS leader Heinrich
Himmler
supreme commander of the police, during his speech of February 18, 1937 before the generals of the SS—was one of repression and hate. Homosexuals, “
criminals
against the race,” were an affront to the “vital” interest of the German people and needed to be “healed” or eliminated. Earlier, during the Nazis’ first weeks in power in February and March of 1933, measures were taken to put an end to “any and all” homosexual demonstrations: gay and lesbian movements were outlawed, publications suppressed, and meeting areas were raided. On May 6, 1933, Magnus Hirschfeld’s Institut für Sexualwissenschaft (Institute for Sexual Knowledge), without a doubt the most symbolic place for European homosexuals between the wars, was pillaged and destroyed, while thousands of rare books and documents were fed to the flames. For German gays and lesbians, withdrawing oneself was a necessity: some emigrated, others married. All had to live in secret and in fear from then on.

The persecution of homosexuals took on different forms depending on the categories concerned. On February 10, 1934, a decree from the Ministry of the Interior ordered the regular surveillance of “corruptors of the youth” and gay prostitutes. A special office charged with homosexual affairs was created within the Gestapo. These measures were bolstered in September 1935 by the strengthening of Section 175, whose broadened interpretation included making simple homosexual desire a crime, and by the introduction of Section 175a, dealing with prostitution, the use of force, and the abuse of power or authority. Despite efforts to criminalize lesbianism, notably by the Nazi lawyer Rudolf Klare, it remained outside of the law. However, this does not mean that homosexual women were tolerated, but rather reveals proof of the contempt in which women were held: female sexuality was deemed to be easily controllable, by
violence
if necessary. This exemption for lesbians led to certain confusion; in annexed Austria, for example, lesbianism was punishable by five years’ imprisonment. As well, lesbians were not free from being exposed, and a certain number were sent to concentration camps under various names such as “politicals” or “asocials.” Meanwhile, the strengthening of Section 175 was accompanied by the creation of a new special bureau, the Reich Central Office, to combat homosexuality and abortion, and to register, file, and classify all homosexuals who were reported. In all, nearly 100,000 homosexuals were listed, under the direction of the SS Obersturmführer, Josef Meisinger, and over 50,000 were imprisoned. The fight against homosexuality was waged with a particular virulence within the Party itself, notably among the Hitler Youth and the SS. For a long time, the Wehrmacht maintained its own surveillance and repression procedures. Specific anti-homosexual campaigns were also led against opponents to the regime, as well as against certain individuals judged as being too burdensome. In 1937, Catholic religious orders were thus the target of a homophobic campaign, but the accusations, obviously forged, were not taken seriously by public opinion. Another campaign was launched in 1937, this time against those generals hostile to the annexation of Czechoslovakia; General Werner von Fritsch of the Wehrmacht was the victim of a set-up organized by Himmler, Reinhard Heydrich, and Hermann Goering, although he was acquitted of any crime.

However, there was never any question for the Reich concerning the extermination of all homosexuals. Himmler himself encouraged “medical” experiments designed to “cure” homosexuals, such as hormonal
treatments
and castration, with the idea of reintegrating them into the community, notably the
army
. But concentration camps were also presented as a vehicle for “reeducation”: in Auschwitz and Sachsenhausen, homosexuals were required to report to the brothel. It is difficult to ascertain the exact number of homosexuals sent to the camps: habitual offenders, prostitutes, and pedophiles were the first victims. Many were never judged, while others saw their sentences arbitrarily prolonged. In any event, the “pink triangles” were forced to live in inhuman detention conditions. Near the lowest rung of the ladder (just above Jews), and often assigned the hardest labor, they were frequently separated from the other prisoners, many of whom were themselves homophobic. In all, the number of homosexuals who died in the camps is estimated to be between 5,000 and 15,000. If the use of terror by the police, the dehumanization of victims, and sentences disproportionate to the acts were particular to the repression of homosexuality under the Third Reich, the fact that Section 175 remained in place after the end of World War II was proof that the roots of German homophobia went beyond the racist and warlike ideology of Nazism.

From 1945 Onward: From Institutional Homophobia to Heterosexism
After the war, the former “pink triangles,” often regarded with contempt, hesitated to testify against their captors and preferred to remain discreet as to the reasons behind their
deportation
or imprisonment. In fact, in what had become West Germany, Sections 175 and 175a were preserved and integrated into the new German Criminal Code, and gays were neither recognized nor compensated as victims of Nazism. It wasn’t until June 25, 1969 that homosexual acts between consenting adults over the age of twenty-one were decriminalized, and not until June 7, 1973 that the Bundestag reduced that age of consent to eighteen years of age. Nonetheless,
discrimination
still existed, since the age of sexual consent for heterosexual relations was lower, at fourteen years of age. The Catholic and Protestant churches were among the groups who were most hostile to any reform of Section 175; in the 1950s, they actively campaigned for the banning of all homosexual publications in Germany. And the persecution of homosexuals continued under Section 175: between 1950 and 1965, nearly 45,000 gays were imprisoned, compared to 10,000 under the Weimar Republic. Among the most famous trials, notable are those that took place in Frankfurt in 1950 and 1951; following the arrest of several male prostitutes, one came forward with a detailed notebook of his clients. As a result, police proceeded with massive raids in the city, leading to the arrest of over 100 people. However, Judge Kurt Romini, who presided over the trials, had made himself known as a prosecutor under the Nazi regime, where he was instrumental in convicting some 400 homosexuals in Frankfurt. After five men had committed suicide, the press soon put into question the methods used by the police, as well as the credibility of the main witness, who was ultimately sentenced to two and a half years’ imprisonment; in addition, Judge Romini was transferred.

In what had become East Germany (“the GDR,” German Democratic Republic), the situation was even more confused due to the opposing points of view between Soviet and East German leaders. While in the USSR, homosexuality continued to be severely repressed, Otto Grotewohl, East German prime minister from 1949 to 1964, had supported the abolition of Section 175 under the Weimar Republic. In 1948, a “compromise” was reached: Section 175 was preserved, but returned to its less severe definition dating from before 1935. Thus, the maximum penalty for convictions under Section 175 was reduced to five years’ imprisonment from ten. Bills that proposed further reform of Section 175 were, after that, systematically rejected by the USSR. The use of homosexuality to political ends found new applications: the Minister of Justice, Max Fechner, who had participated in an uprising on June 17, 1953, was condemned to eight years’ imprisonment as an “enemy of the state,” under the pretense of having engaged in homosexual relations with his chauffeur. In 1968, following the reform of Section 175, thereafter called Section 151, homosexual relations between men aged eighteen years or more were decriminalized. (The age of consent was lowered to sixteen in 1988.) Such legislative progress, however, cannot hide the fact that life for gays and lesbians in East Germany remained difficult: a gay and lesbian subculture was practically non-existent, and many men and women chose to enter into marriages of “convenience” rather than continue to live in fear. Gay and lesbian newspapers remained banned until 1988. In 1982, however, the first gay groups in East Germany began to emerge, some under the aegis of the Protestant Church. It is in this that there was a considerable difference between East and West Germany, where homophile groups had formed as early as the 1950s, and where, starting in the 1970s, gay and lesbian liberation movements, based on those in the United States, were founded. In East Germany, the last years of the Communist regime saw a progressive blooming of the gay scene, but the groups were closely watched by the Stasi (East Germany’s secret police), which launched operations with names such as “Bruder” (brother) and “Aftershave” in order to infiltrate them. After reunification, Section 175 was finally, definitively abolished on June 11, 1994.