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Germany Says It Will Rescind Convictions for Homosexuality Germany Says It Will Rescind Convictions for Homosexuality
(about 11 hours later)
From 1949 to 1969, under a law inherited from the Nazi regime, about 50,000 men in West Germany were convicted of homosexuality. Many served time in prison.From 1949 to 1969, under a law inherited from the Nazi regime, about 50,000 men in West Germany were convicted of homosexuality. Many served time in prison.
Although the law — known as Paragraph 175 for the section it was part of in the country’s Criminal Code — was eased in 1969, it stayed on the books. As a result, another 3,500 men were convicted before the law was finally rescinded in 1994, four years after the reunification of Germany. Even then, the convictions stayed on the men’s criminal records. Although the law — known as Paragraph 175 for the section it was part of in the country’s Criminal Code — was eased in 1969, it stayed on the books. As a result, another 3,500 men were convicted before the law was finally rescinded in 1994, four years after the reunification of Germany. Even then, the convictions stayed on the men’s criminal records. (Communist East Germany decriminalized homosexuality in 1968.)
The German government on Wednesday announced that it would finally correct what it called a longstanding injustice.The German government on Wednesday announced that it would finally correct what it called a longstanding injustice.
The justice minister, Heiko Maas, said the government would put forward legislation that would overturn the convictions and allow for financial compensation to the men who suffered under the legislation. Mr. Maas said the decision was reached after a study by the federal government’s anti-discrimination agency concluded there was no reason the men should not be legally rehabilitated.The justice minister, Heiko Maas, said the government would put forward legislation that would overturn the convictions and allow for financial compensation to the men who suffered under the legislation. Mr. Maas said the decision was reached after a study by the federal government’s anti-discrimination agency concluded there was no reason the men should not be legally rehabilitated.
Mr. Maas’s announcement amounted to an apology for the law, which scholars and civil rights activists have long considered a mar on the country’s fraught history.Mr. Maas’s announcement amounted to an apology for the law, which scholars and civil rights activists have long considered a mar on the country’s fraught history.
Although the ban on homosexuality dated to 1871, it was significantly strengthened in 1935 when the Nazis issued an order making all male homosexuality a crime.Although the ban on homosexuality dated to 1871, it was significantly strengthened in 1935 when the Nazis issued an order making all male homosexuality a crime.
During the Nazi regime, from 1933 to 1945, 100,000 men were arrested and charged with homosexuality, according to the United States Holocaust Memorial Museum. Some were sentenced to castration. Fifty-thousand men were sentenced to serve in regular prisons, while 5,000 to 15,000 were interned in concentration camps, where they wore uniforms marked with pink triangles. Many died from hunger, disease, abuse or targeted killings, but the precise number of deaths is not known. (Female homosexuality was not prosecuted, except in Austria, which had been annexed by Germany, though lesbians were also subjected to repression.)During the Nazi regime, from 1933 to 1945, 100,000 men were arrested and charged with homosexuality, according to the United States Holocaust Memorial Museum. Some were sentenced to castration. Fifty-thousand men were sentenced to serve in regular prisons, while 5,000 to 15,000 were interned in concentration camps, where they wore uniforms marked with pink triangles. Many died from hunger, disease, abuse or targeted killings, but the precise number of deaths is not known. (Female homosexuality was not prosecuted, except in Austria, which had been annexed by Germany, though lesbians were also subjected to repression.)
Germany has allowed civil partnerships since 2001, and gay couples have the same tax status and adoption rights as married couples. In 2003, the government decided to erect a memorial to homosexuals persecuted by the Nazis. The memorial was publicly unveiled in 2008 in Berlin’s Tiergarten, across from the Memorial to the Murdered Jews of Europe.Germany has allowed civil partnerships since 2001, and gay couples have the same tax status and adoption rights as married couples. In 2003, the government decided to erect a memorial to homosexuals persecuted by the Nazis. The memorial was publicly unveiled in 2008 in Berlin’s Tiergarten, across from the Memorial to the Murdered Jews of Europe.
Mr. Maas said the cancellations of the convictions were long overdue, acknowledging that “the state has burdened itself with guilt,” and that Paragraph 175 "made life difficult for so many people.” He said the law "was unconstitutional from the start,” and that the old verdicts were an injustice that "hurt each sentenced person deeply in his human dignity.”Mr. Maas said the cancellations of the convictions were long overdue, acknowledging that “the state has burdened itself with guilt,” and that Paragraph 175 "made life difficult for so many people.” He said the law "was unconstitutional from the start,” and that the old verdicts were an injustice that "hurt each sentenced person deeply in his human dignity.”
In a statement, Mr. Maas also said: “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 a statement, Mr. Maas also said: “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.”
The Lesbian and Gay Federation in Germany, a leading civil rights organization, applauded the announcement, saying that it showed the government “not only can, but must, clear the names of the men who were convicted under Paragraph 175.”The Lesbian and Gay Federation in Germany, a leading civil rights organization, applauded the announcement, saying that it showed the government “not only can, but must, clear the names of the men who were convicted under Paragraph 175.”
The federation said the report commissioned by the anti-discrimination agency, which examined the issues surrounding the annulment of decades-old convictions, “makes clear that the government can no longer hide behind spurious arguments that annulling the convictions would not be legally possible.”The federation said the report commissioned by the anti-discrimination agency, which examined the issues surrounding the annulment of decades-old convictions, “makes clear that the government can no longer hide behind spurious arguments that annulling the convictions would not be legally possible.”
Mr. Maas said that the study would be taken into account in drawing up legislation, which requires approval by Parliament. He urged the country’s political parties to push through the legislation, once it was introduced, without delay. How many men will be eligible for compensation, and details of the compensation process, are unclear.Mr. Maas said that the study would be taken into account in drawing up legislation, which requires approval by Parliament. He urged the country’s political parties to push through the legislation, once it was introduced, without delay. How many men will be eligible for compensation, and details of the compensation process, are unclear.
Axel Hochrein, a spokesman for the Lesbian and Gay Federation in Germany, noted that “time is short” for the men persecuted under the law, and urged the government to expedite the legislation so that they could “restore their dignity.”Axel Hochrein, a spokesman for the Lesbian and Gay Federation in Germany, noted that “time is short” for the men persecuted under the law, and urged the government to expedite the legislation so that they could “restore their dignity.”