Trigger warning: This article is about institutionalised homophobia and conversion measures.
A December afternoon in Ludwigshafen. Klaus. S. is looking for sex. He walks into a well-known bar on Ludwigplatz. The smell of urine fills his nose as he enters the small room. He notices a man. Looks nice, he thinks to himself. The two men decide to swap the cold place for the slightly more comfortable toilets in a nearby department stores'. "That was our mistake," says Klaus today. "We must have been watched as we entered, because a short time later the police were standing outside the cubicle and took us out". It was 1964 and Paragraph 175, which criminalised homosexuality, was still in force. "We were taken to the police station in the "Green Minna". And as I wasn't yet 21 (the age of majority at the time), I was taken home to have my address checked," says the Ludwigshafen native, who was born in 1947.
First taken to the police station and then home...
Klaus could not hope for understanding here, quite the opposite. His father was still steeped in the ideas of the National Socialists and his mother was a very religious woman. He was worried about his neighbours, his siblings and the gossip in the community. "They told me not to talk about it with anyone". The hope that the charges would be dropped because of his age was not realised. Fornication with men is the charge. The trial began in spring 1965. "I was still lucky," reports Klaus. "A young youth counsellor did a lot for me. I'll never forget that". His punishment: psychological treatment for re-education. Today it would be called a conversion programme. If he had been sentenced to prison, his apprenticeship as a technical draughtsman would have been jeopardised. "As it was, it went off quite lightly," says Klaus.
His sentence: 2 years, 1 visit a week to a psychologist
"From then on, I had to see a psychologist once a week for two years". He has blocked out the conversations. He only remembers drawing a tree and the famous blob pictures. Called the Rorschach test in professional circles. "But I only saw dicks," laughs Klaus, "and I told the psychologist that. He wasn't happy about it".
Klaus suppresses his feelings and his desire. The psychologist is vindicated and dismisses Klaus as cured.
Klaus suppresses his feelings and his desire. He is afraid of being caught again. This time, he knows that a conviction would mean prison. He joins a youth group and meets a girl. "I really liked her. But I was glad that she didn't make any sexual advances". He wants to marry her, despite everything. Before he takes her to his psychologist, he confesses everything to her. "She reacted very understandingly". The psychologist is vindicated, rambles on about a phase that all boys go through and dismisses Klaus as cured. Before the wedding, his mother destroys all the documents that could be his undoing at some point.
Fragile happiness
Klaus lives with his wife in Ludwigshafen and a daughter is born. But their happiness is fragile. The longing for sex with men remains. He leads a double life, like so many others at the time. His love for a man he meets gives him strength. This is followed by a separation from his wife. This is followed by a messy divorce and a ten-year battle to be allowed to see his daughter. Klaus meets his current husband and lives with him. "We lived inconspicuously, but not in hiding".
| Who was criminalised by Paragraphs 175 and 151? |
| §Section 175 came into force in 1872, one year after the founding of the German Empire, and criminalised "unnatural fornication between persons of the male sex". In 1935, the Nazis tightened the paragraph. All acts with "voluptuous intent" were now considered a criminal offence. Mere touching could already be prosecuted. After the war, §175 remained unchanged in the Federal Republic in the Nazi version for more than two decades. In 1969, it was then defused for the first time and a second time in 1973. Now men over the age of 18 could be punished if they had sex with boys under the age of 18, while the age of consent for girls was 14 (although the court could refrain from punishing the man for girls aged between 14 and 16 if he was under 21). The reason for this unequal treatment was the homophobic so-called "seduction theory", i.e. the idea that young people could be "seduced" into homosexuality. In 1950, the GDR returned to the original version of §175 (before National Socialism), although from the end of the 1950s onwards hardly anyone was sentenced under this paragraph. In 1968, the GDR then introduced its own penal code. Section 151 was introduced in it. This criminalised sexual acts by all people under the age of 18 with young people of the same sex. This meant that lesbian and bisexual women were also criminalised. Section 151 was cancelled without replacement in 1988. After a brief phase of legalisation, male homosexuality was criminalised again in East Germany after reunification, as §175 was only abolished in 1994 (also due to pressure from the East). In the legal sense of the time, the two paragraphs criminalised same-sex sexual acts. From today's perspective, however, it can be assumed that not only gay and bisexual cis men (or in the GDR also cis women) were criminalised. In fact, all people who were assigned to the male sex at birth and had sex with people who were also assigned to the male sex were criminalised in the Federal Republic of Germany. Paragraph 175 therefore also criminalised trans* women, for example, who had sex with people who were assigned to the male sex. In the GDR, Section 151 criminalised all people who had sex with other people if both were assigned the same sex at birth. This also affected trans* men, for example. It is important to know: The right to compensation applies regardless of your current and former gender or sexual identity. |
An exhibition changes everything
In June 1994, §175 was deleted from the penal code. He was probably aware of this, but the news had no significance for him. Through an exhibition about gay life in Ludwigshafen in the local city museum, he got in touch with the Magnus Hirschfeld Federal Foundation in Berlin. There he was encouraged to submit an application to the Federal Office of Justice in Bonn. "I was able to submit the application quite informally," he recalls. But now his mother's diligence took its revenge. His application was rejected by the responsible public prosecutor's office. The reason: there were no documents to confirm his conviction. A second application also fails.
Klaus is about to give up when he hears BISS e. V. experiences. Here he will Competent advice and support. BISS also talks to the responsible public prosecutor's office. This is because every conviction must be accompanied by transcripts, which must be made available to those affected on request. They supposedly no longer exist after 40 years. An affidavit is required from him. In the end, he had all the relevant documents together. "I was very sceptical as to whether it would work," he recalls, "but I didn't want to give up.
"Recognising the German state was more important to me"
His application is finally granted. He was awarded 3,000 euros for the arrest and conviction, and later another 1,500 for coercive therapy. "Of course I was happy about the money," says Klaus. "But what was more important to me was that the German state recognised that I had been wronged here. He and his husband used the money to go on holiday to Sylt for a week. "Really fancy, with all the comforts". "And we also bought ourselves a new service, as we don't have all the cups in the cupboard yet," he laughs. Klaus was able to put the experience behind him. Even though it was sometimes difficult, he has no regrets about fighting for his rights.
He has no regrets about fighting for his rights.
What Klaus S. wants for the future.
He now lives in Mannheim and has become an activist. He is involved in the City of Mannheim's round table on sexual and gender diversity and runs a group for gay senior citizens. He has no great wishes for the future. He would like to see as many men as possible apply for compensation, "And I would like people to accept everyone for who they are, no matter who they love".
| Do you know a person who was also convicted under §175 (FRG) or §151 (GDR)? Then encourage them to apply for compensation. You can find all the information in this IWWIT blog post, at the Federal Office of Justiceand under https://schwuleundalter.de/entschaedigung-und-rehabilitierung/ |
| You can find everything about gay life in old age at https://www.iwwit.de/schwules-leben/alter. |
| Addendum: After this article was finalised, it became known that the The current government is planning to maintain claims for compensation possibly beyond 22 July after all. Nevertheless, it may be advisable to submit an application quickly. You can also get expert advice here at BISS e. V.. |
