Historical Background
Paragraph 175 was a provision of the German Penal Code (Strafgesetzbuch) that criminalized male homosexuality. It was introduced in 1871 as part of the legal code of the newly unified German Empire and remained in effect, with varying degrees of enforcement and interpretation, until it was formally abolished in 1994. From the progressive movements of the Weimar Republic (1919-1933) to the brutal persecutions under the Nazi regime (1933-1945), the experiences of homosexuals reflect a complex interplay of liberation and repression. The law became infamous for its role in the persecution of homosexual men during the Nazi era.
In the mid-to late-nineteenth century, the first small homosexual communities grew in Germany. This was also the time when the nature of human sexuality became an area of scientific investigation and debate in Europe and the United States. Germany was at the forefront of this development, among others because of debates if homosexuality should be banned or not on a legal basis. Central to the movement advocating for sexual reform and the rights of homosexual individuals was the Institut für Sexualwissenschaft (Institute for Sexual Science) in 1919 established by Dr. Magnus Hirschfeld in Berlin, a homosexual Jewish physician and sexologist. The institute served as a pioneering center for the study of human sexuality, offering educational resources and support for sexual minorities, including transsexuals.
Many Germans welcomed the less restrictive social, political, and cultural climate in the Weimar Republic where homosexual subcultures flourished, especially in Berlin. The city boasted numerous homosexual bars, clubs, cabarets, and social spaces, including the famous Eldorado nightclub. These venues catered to a diverse homosexual clientele, including lesbians, trans, working-class men, intellectuals, and artists. The period saw an
increase in publications and literature addressing homosexuality, such as Die Freundschaft (Friendship) and Der Eigene (translated variously, but in this context implying “his own man”), the latter being the world’s first homosexual magazine, edited by Adolf Brand. These publications educated readers about sexuality and published poems and short stories. They actively tried to build a sense of community among homosexual men, and included personal ads and information about homosexual meeting places.
Some groups advocated more actively and openly for decriminalizing sexual relations between men. Among them were the Wissenschaftlich-humanitäres Komitee or "WhK” (Scientific Humanitarian Committee) and the Bund für Menschenrecht, "BfM" (League for Human Rights)” established in the 1920s. These groups cooperated with other reform-minded groups and advocated for new legal approaches towards prostitution, birth control, and abortion. Efforts to repeal this law (Paragraph 175) were met with resistance, reflecting the persistent societal stigmatization of homosexuality. Despite the relatively liberal atmosphere in cities like Berlin, smaller towns and rural areas often upheld conservative values, leading to discrimination and arrests.
The Rise of the Nazi Regime and Intensified Persecution
Initially, Hitler and other Nazi leaders rarely spoke publicly about homosexuality. In fact, it was not part of the 1920 Nazi Party platform, which focused on such issues as the creation of a Greater German state, the Jews, and the economy. During parliamentary debates in the Reichstag, Nazis claimed that sexual relations between men were a destructive vice that would lead to the ruin of the German people. They asserted these relations should be even more severely punished than current German law allowed. This changed when Hitler assumed power.
The ascent of the Nazi Party in January 1933 marked a catastrophic turn for homosexuals in Germany. The Nazis viewed homosexuality as incompatible with their ideology, associating it with degeneracy and a threat to the Aryan race's purity. Persecution measures against homosexuals began and within a few weeks, the police closed the well-known clubs and bars where homosexual men, lesbian women and trans people met, including the Eldorado in Berlin and the Dornröschen in Cologne and homosexual and lesbian magazines and other queer publications were banned. Nevertheless, some established homosexual and lesbian bars were able to remain open in cities like Berlin and Hamburg until the mid 1930s and underground meeting places remained open even later. These, however, came under increasing police surveillance and made it far more difficult, especially for homosexual men to connect with each other.
In 1935, the Nazi regime amended Paragraph 175 to broaden the scope of punishable offenses, criminalizing even non-physical expressions of homosexuality, such as mutual glances with "lustful intention." The Gestapo increased surveillance, and actively identified and arrested suspected homosexual men, dismantling social networks and meeting places like bars and clubs. This amendment led to a dramatic increase in convictions; between 1933 and 1945, approximately 100,000 men were arrested under anti-homosexual laws, with around 50,000 officially sentenced.
The Nazis targeted institutions that symbolized the progressive Weimar era's sexual fre
edoms. On May 6, 1933, the Institut für Sexualwissenschaft was ransacked by Nazi-affiliated students and members of the Sturmabteilung (SA) not only because of its importance for the homosexual emancipation movement, but also because of Hirschfeld's liberal sexual politics and the fact that he was Jewish. They destroyed invaluable archives, books, and research materials on sexuality and gender. These confiscated materials were then publicly burned in Berlin's Opernplatz, symbolizing the regime's broader assault on intellectualism and sexual diversity.
The catalyst for the intensification of repression against homosexual men was the murder of SA (Sturmabteilung, commonly called Stormtroopers) chief of staff Ernst Röhm in July 1934. The murder was publicly justified with allegations of SA putsch plans and accusations of “moral depravity” within the ranks since numerous SA leaders were homosexual, above all Röhm himself.