LGBT rights in Germany
LGBT rights in Adoption | Full adoption rights since 2017 |
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Lesbian, gay, bisexual, and transgender (LGBT) rights in Germany rank
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. 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.[7] In May 2020, Germany became the fifth nation in the world to enact a nationwide ban on conversion therapy for minors.[8]
Despite the biggest opposition party—that headed the government from
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
The Nazi additions were repealed in East Germany in 1950, but homosexual relations between men remained a crime until 1968.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,[23] 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modelling himself on Magnus Hirschfeld and his Scientific-Humanitarian Committee, campaigned in 1954 to have the law repealed, but was unsuccessful. His work prevented any further convictions for homosexuality after 1957.[24]
In the five years following the
In East Germany, Paragraph 175 ceased to be enforced from 1957 but remained on the books until 1968. Officially, homosexuality was decriminalised in East Germany in 1968.[24][26]
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 wrote: Police force was used on numerous occasions to break up or prevent public gay and lesbian events. Centralised censorship prevented the presentation of homosexuality in print and electronic media, as well as the import of such materials.[27]
The Protestant Church provided more support than the state, allowing meeting spaces and printing facilities.[28]
Towards the end of the 1980s, just before the fall of the Berlin Wall, the East German Government opened a state-owned gay disco in Berlin.[29] 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".[25]
In 1988, the
In 1989, DEFA produced the film
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.[36]
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.[37]
The
As a result of these strong socially conservative influences, the German
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.[37]
The first kiss between two men on German television was shown in Rosa von Praunheim's film
Annulment of convictions
In 2002, the German Government decided to overturn any convictions for homosexuality made during the Nazi period.[39]
In May 2016,
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.
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.[45][46][47]
Recognition of same-sex relationships
Even though a majority of the political parties in the Bundestag supported legalising
The first same-sex weddings in Germany were celebrated on 1 October 2017.[54] Berlin couple Karl Kreile and Bodo Mende, a couple for 38 years,[55] were the first same-sex couple to exchange their vows under the new law and did so at the town hall of Schöneberg, Berlin.[55]
In 2020, the Christian Democratic Union published a political video supporting same-sex marriage and families.[56] In 2023, the Christian Social Union in Bavaria adopted a party platform supporting same-sex marriage.[57][58] As of 2023, the Alternative for Germany remains the largest party opposed to same-sex marriage whilst being led by Alice Weidel, who herself identifies as lesbian.
Some religious groups and organisations formally bless same-sex marriages within Germany - for example all 20 lutheran, reformed and united churches in
Adoption and parenting
In 2004, the registered partnership law (originally passed in 2001) was amended, effective on 1 January 2005, to give registered same-sex couples limited adoption rights (stepchild adoption only) and reform previously cumbersome dissolution procedures with regard to division of property and alimony. In 2013, the Supreme Constitutional Court ruled that if one partner in a same-sex relationship has adopted a child, the other partner has the right to become the adoptive mother or father of that child as well; this is known as "successive adoption".[63] The same-sex marriage law, passed in June 2017, gave same-sex couples full adoption rights.[52][53] On 10 October 2017, a court in Berlin's Kreuzberg district approved the first application for joint adoption of a child by a same-sex couple.[64]
There is no legal right to
In May 2019, Federal Minister of Family Affairs, Senior Citizens, Women and Youth Franziska Giffey recommended that teachers use forms that are gender-neutral, which no longer use "mother and father" but instead "parent 1 and parent 2".[70][71]
Military and police services
LGBT people are permitted to serve openly in the German Armed Forces.
The Bundeswehr maintained a "glass ceiling" policy that effectively banned homosexuals from becoming officers until 2000. First Lieutenant Winfried Stecher, an army officer demoted for his homosexuality, had filed a lawsuit against former Defense Minister Rudolf Scharping. Scharping vowed to fight the claim in court, claiming that homosexuality "raises serious doubts about suitability and excludes employment in all functions pertaining to leadership". However, before the case went to trial, the Defense Ministry reversed the policy. While the German Government declined to issue an official explanation for the reversal, it was widely believed that Scharping was overruled by former Chancellor Gerhard Schröder and former Vice-Chancellor Joschka Fischer. Nowadays, according to general military orders given in the year 2000, tolerance towards all sexual orientations is considered to be part of the duty of military personnel. Sexual relationships and acts amongst soldiers outside service times, regardless of the sexual orientation, are defined to be "irrelevant", regardless of the rank and function of the soldier(s) involved, while harassment or the abuse of functions is considered a transgression, as well as the performance of sexual acts in active service.[72] Transgender persons may also serve openly in the German Armed Forces.[73]
In September 2020, the German Government issued a formal apology for past anti-gay discrimination in the military.[74][75][76] In November 2020, the German Cabinet approved legislation providing compensation to LGBT servicepeople for past discrimination and harassment. In March, 2021, the bill has been discussed in the Lower Chamber of Parliament (Bundestag), where it was supported by a majority - with some minor amendments suggested.[77] On May 20, 2021, the bill got a supporting vote in the Bundestag.[78][79][80]
In March 2021, it was reported that both transgender and intersex individuals can now serve openly within both the military and police in Germany.[81]
Discrimination protections
In the fields of employment, goods and services, education and health services, discrimination on the basis of
Some state constitutions have anti-discrimination laws that include sexual orientation and gender identity, including the constitutions of Berlin (since 1995), Brandenburg (since 1992), Bremen (since 2001), Saarland (since 2011) and Thuringia (since 1993), and Saxony-Anhalt in the public sector since 1997.[84][85][86] Article 10(2) of the Berlin Constitution reads as follows:[87]
No one may be prejudiced or favoured because of sex, birth, race, language, national or social origin, faith, religious or political opinions or sexual orientation.
Hate speech on the basis of sexual orientation and gender identity is banned in Germany.[88] German law prohibits incitement to hatred based on membership to a certain social or ethnic group. According to the Ministry of the Interior, 245 cases of homophobic and transphobic attacks occurred in the first half of 2019, compared to 351 recorded in all of 2018.[89]
Basic Law amendment
In 1994, although a majority in the Joint Constitutional Commission of the Bundestag and Bundesrat voted in favor of the inclusion of a prohibition on discrimination based on sexual identity in the Basic Law (Grundgesetz), the required two-thirds majority was not achieved.
In June 2018, the states of
In May 2019, Alliance 90/The Greens, the Free Democratic Party and The Left proposed a joint legislative initiative to amend Article 3 of the Basic Law to ban discrimination on grounds of "sexual identity" (sexuelle Identität).[92] In November 2019, the Christian Democratic Union expressed support for the initiative.[93]
Transgender and intersex rights
Since 1980, the Gesetz über die Änderung der Vornamen und die Feststellung der Geschlechtszugehörigkeit in besonderen Fällen has stated that transgender persons may change their legal sex following
In May 2019, the Ministry of Justice and the Ministry of the Interior presented a draft bill to reform the law. It was criticized by LGBT groups for failing to adopt a self-determination model and still requiring transgender people to go to court before a legal gender change. In addition, it would introduce the concept of "spousal veto", and requires a three-year waiting period before the applicant can reapply to change gender after a spousal veto or a negative court decision.[96]
The German Society for Transidentity and Intersexuality estimates the number of transgender and intersex people in Germany at between 210,000 and 500,000 people.[97]
Since 2013, German law has allowed children born with atypical sexual anatomy to have their gender left blank instead of being categorised as male (männlich) or female (weiblich). The Swiss activist group Zwischengeschlecht criticised this law, arguing that "if a child's anatomy does not, in the view of physicians, conform to the category of male or the category of female, there is no option but to withhold the male or female labels given to all other children".[98] The German Ethics Council and the Swiss National Advisory Commission also criticised the law, saying that "instead of individuals deciding for themselves at maturity, decisions concerning sex assignment are made in infancy by physicians and parents".[99]
In November 2017, the Federal Constitutional Court (Bundesverfassungsgericht) ruled that civil status law must allow a third gender option,[100] meaning that intersex people would have another option besides being listed as female or male or having a blank gender entry.[101] A government proposal on the matter was presented in August 2018.[102] Intersex individuals would be able to register themselves as "divers" on official documents.[103] The resulting third gender law was approved by the Bundestag in December 2018,[104] and took effect on 1 January 2019.[105] The "divers" option is available for such documents as birth certificates, passports and driver's licenses; however, intersex people are required to receive a doctor's statement or medical certification confirming their intersex status, which was criticized by LGBT groups. Additionally, parents are able to use the "divers" category for newborns with unclear sex traits. In April 2019, the Ministry of the Interior clarified that the "divers" option is applicable to intersex people only, not transgender people.[106]
In August 2023, the Cabinet approved the Selbstbestimmungsgesetz (self-determination law) which the German government had proposed the previous year. Any adult—whether transgender, intersex or nonbinary—would have to give three months' notice that they are changing their first name and gender.[107][108]
In April 2024, the bill passed the Parliament of Germany on gender self-determination by a vote of 374-251. The law is expected to go into effect on November 1.[109][110]
Conversion therapy
Conversion therapy has a negative effect on the lives of LGBT people, and can lead to low self-esteem, depression and suicide ideation. It is opposed by every medical organisation in Germany.[111]
In 2008, the German Government declared itself completely opposed to the pseudoscientific practice.[112] In 2013, Alliance 90/The Greens introduced a draft bill to the Bundestag to ban conversion therapy on minors, but it was never voted on. A petition calling on the Health Ministry to ban the practice was launched in July 2018, and had collected about 60,000 signatures by mid-August 2018.
In February 2019, openly gay
There was also an initiative of several federal states for a ban on conversion therapy. The states of
Blood donation
In Germany, as in many other countries, men who have sex with men (MSM) were previously not allowed to donate blood. In June 2016, German health ministers announced that the MSM ban would be lifted, replacing it with a one-year deferral period. The proposal to lift the ban was championed by Saarland Health Minister Monika Bachmann.[129] Since summer 2017, gay and bisexual men have been allowed to donate blood following a year of abstinence from sex.[130] Since September 2021, gay and bisexual men have been allowed to donate blood following four months of abstinence from sex.[131][132]
Bone marrow donation has been allowed since December 2014.[133]
Individual risk based assessment
In June 2021, Reuters reported that Germany plans to implement an "individual risk based assessment" (similar format to the UK, Italy and Spain) blood donations that replaces the current one-year deferral period policy since 2017. It is not clear yet on when it will go into effect.[134] From 1 April 2023, the updated "individual risk based assessment" blood donation policy went into effect throughout Germany.[135]
Openly gay and lesbian politicians
There are several prominent German politicians who are openly gay. Among them are
- former Berlin Mayor Klaus Wowereit (having outed himself with the famous words "Ich bin schwul – und das ist auch gut so!" ["I am gay – and that's a good thing!"]) and
- Johannes Kahrs,
- Michael Roth,
- Karl-Heinz Brunner,
- Lars Castellucci,
- Falko Droßmann,
- Timon Gremmels
- Kevin Kühnert
- Dorothee Martin
- Matthias Miersch and
- Helga Schuchardt (from the SPD);
- The Greens);
- CDU);[136]
- Bernd Fabritius (from the CSU); and Michael Kauch, Jens Brandenburg, Jörg van Essen, Heiner Garg, Konstantin Kuhle, Thomas Sattelberger and Guido Westerwelle, who served as federal Foreign Minister from 2009 to 2013 and Vice-Chancellor from 2009 to 2011, (from the FDP).
In addition, former
Positions of political parties
The
Commissioner for queer affairs
In January 2022, the office of Commissioner for the Acceptance of Sexual and Gender Diversity in the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth was created. Parliamentary State Secretary Sven Lehmann is the first appointee.[144]
LGBT rights movement in Germany
The first homosexual rights organization anywhere in the world was the Scientific-Humanitarian Committee, founded in 1897 in Berlin by Magnus Hirschfeld to campaign for the repeal of Paragraph 175. The first gay journal in the world Der Eigene ("The Self-Owning") began publishing in 1896. The journal continued publishing, with contributions from Benedict Friedlaender, Hanns Heinz Ewers, Erich Mühsam and more, until 1932. During the 1920s and 1930s, two major mass organisations arose, the Bund für Menschenrecht and the Deutscher Freundschaftsverband, many further special interest groups followed, dozens of LGBQ+-journals got published in huge numbers, among them the world's first lesbian journals like Die Freundin, Garçonne, and Die BIF and the first ever transgender magazine Das 3. Geschlecht. Hundreds of gay bars and clubs created a vital LGBTQ+ landscape in Berlin. With the rise to power of the Nazi Party, officials closed the bars, censored and banned gay publications and forced all organisations of the movement do dissolve themselves. During the Nazi era, gay, lesbian and trans people were persecuted by authorities and sometimes imprisoned in concentration camps.
Right after the second world war, some LGBT+-activists tried to establish a new movement, fighting the continuation of Nazi anti-gay laws. The first homosexual publication, Amicus-Briefbund, was founded in 1948, followed by other magazines in the early 1950s. Activists in Berlin, Hamburg and Frankfurt founded new organisations to follow up the powerful movement of the 1920s. Internal disputes and the repressive climate of the young Federal Republic, however, prevented a development as successful as the one of the Weimar Republic, and by the end of the 1950s the movement had already failed and reached its end. It was not until the liberalization of the social and political climate in the second half of the 1960s that homophile organizations made a modest new start, but they were soon marginalized by the rise of the modern gay and lesbian movements.
The Homosexual Action West Berlin (Homosexuelle Aktion Westberlin, HAW) was founded on 15 August 1971. The group formed as a result of
The first Christopher Street Day occurred in Berlin in 1979 with 400 masked participants. Attendance increased thereafter, with 15,000 attendees in 1990 and reaching 100,000 attendees in the late 90s. In 2005, the event attracted an estimated 400,000 people.[146] Today, Berlin Pride is among the city's largest events, attracting an estimated one million attendees in 2019.[147][148] Outside Berlin, pride parades are also held in numerous cities, including Bremen and Cologne which held their first events in 1979, and Hamburg (known as Hamburg Pride) and Munich whose first pride events were organized in 1980. Freiburg im Breisgau organized its first pride event in 1985, followed by Frankfurt in 1993, Dresden in 1994, Dortmund in 1996, Kiel in 1998 and Stuttgart in 1999. Events are also held in Bonn, Leipzig, Karlsruhe, Hanover, Nuremberg, Darmstadt, Bielefeld, Düsseldorf, Essen, Duisburg, Heidelberg, Wuppertal, Mannheim, Saarbrücken and Lübeck, among many others.[149]
Demographics
A May 2019 study revealed that 6.9% of the German population identified as LGBTI. The study also showed that 10.6% of the population of Cologne between the ages of 18 and 75 described themselves as lesbian, gay, bisexual, transgender, intersex or queer. This accounted to over 87,000 people in the city.[150] In 2019, the European Union Agency For Fundamental Rights conducted a survey of LGBT individuals which found that 18% identified as Protestant, 17% as Catholic and 55% as irreligious.[151]
Public opinion
A 2013 Pew Research Center poll indicated that 87% of Germans believed that homosexuality should be accepted by society, which was the second highest in the 39 countries polled, following Spain at 88%.
46% of 20,000 German LGBT people said they had experienced discrimination because of their sexual orientation and gender identity in the past year per the 2013 results of a survey by the EU's Fundamental Rights Agency (the EU average was 47%). Two-thirds of respondents said they concealed their sexual orientation at school and in public life and a fifth felt discriminated at work.[152]
In May 2015, PlanetRomeo, an LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how they experience the way they are treated by other people and how satisfied are they with their lives. Germany was ranked 14th with a GHI score of 68.[153]
A 2017 poll found that 83% of Germans supported same-sex marriage, 16% were against.[154] For comparison, the 2015 Eurobarometer found that 66% of Germans thought that same-sex marriage should be allowed throughout Europe, 29% were against.[155]
The 2019 Eurobarometer showed that 88% of Germans believed gay and bisexual people should enjoy the same rights as heterosexual people, and 84% supported same-sex marriage.[156]
The 2023 Eurobarometer found that 84% of Germans thought same-sex marriage should be allowed throughout Europe, and 84% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex".[157]
Summary table
Right | Status | ||||
---|---|---|---|---|---|
Same-sex sexual activity legal
|
(Legal in East Germany since 1968, legal in West Germany since 1969) | ||||
Equal age of consent (14) | (Since 1994 in unified Germany, in East Germany since 1988) | ||||
Anti-discrimination laws in employment
|
In Brandenburg since 1992 (the first Bundesland). Nationwide since 2006[84] | ||||
Anti-discrimination laws in the provision of goods and services | (Nationwide since 2006)[84] | ||||
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | [citation needed][when?] | ||||
Anti-discrimination laws covering gender identity in all areas | In Brandenburg since 1992 (the first Bundesland). Nationwide since 2006 | ||||
Discrimination based on sex characteristics prohibited | [citation needed][when?] | ||||
Hate crimes and hate speech based on sexual orientation, gender identity and sex characteristics prohibited | [citation needed][when?] | ||||
Same-sex marriage | (Since 2017)[54] | ||||
Same-sex civil unions legal/recognised
|
(Since 2001)[84] | ||||
Stepchild adoption by same-sex couples | (Since 2005) | ||||
Joint adoption by same-sex couples | (Since 2017)[54] | ||||
Automatic parenthood on birth certificates for children of same-sex couples | (Pending as of September 2018[needs update])[65][66][67] | ||||
LGBTI people allowed to serve openly in the military and as German police officers | (Since 1990 for lesbian, gay and bisexual individuals and since 2021 for transgender and intersex individuals)[81] | ||||
Right to change legal gender
|
(Since 1980; law revised in 2024 to simplify legal name and gender change)[158][159] | ||||
sex reassignment surgery not required for the change of legal gender
|
Bundesverfassungsgericht .)
| ||||
Third gender option | (Since 2019) | ||||
transsexuality and transvestism declassified as illnesses
|
[citation needed][when?] | ||||
Conversion therapy banned on minors | (Since 2020)[160] | ||||
Access to IVF for lesbian couples | (Not legally binding, but doctors and sperm banks may work with lesbian couples if they wish) | ||||
Commercial surrogacy for gay male couples
|
(Both altruistic and commercial surrogacy are illegal for all couples, different-sex and same-sex; however, case law allows a foreign judicial decision establishing legal parenthood of the genetic father and his life partner to be recognised under certain conditions in case of surrogacy abroad)[161] | ||||
MSMs allowed to donate blood | (Legal since 2017; From 1 April 2023, the updated "individual risk-based assessment" blood donation policy was brought into effect throughout Germany.[135]) |
See also
- Same-sex marriage in Germany
- LSVD
- Intersex rights in Germany
- Transgender rights in Germany
- Human rights in Germany
- LGBT rights in the European Union
- LGBT rights in Europe
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Further reading
- Huneke, Samuel Clowes (2022). States of Liberation: Gay Men between Dictatorship and Democracy in Cold War Germany. University of Toronto Press. ISBN 978-1-4875-4212-2.
- Steffens, Melanie C., and Christof Wagner. "Attitudes toward lesbians, gay men, bisexual women, and bisexual men in Germany." Journal of Sex Research 41.2 (2004): 137-149 online.
- Storkmann, Klaus (2021). Tabu und Toleranz: Der Umgang mit Homosexualität in der Bundeswehr 1955 bis 2000 (in German). De Gruyter Oldenbourg. ISBN 978-3-11-073290-0.
External links
- "Official website of the Lesben- und Schwulenverband in Deutschland (LSVD)" (in German).
- "Queer.de – LGBT newspaper" (in German).
- "Rainbow Europe: Germany". ILGA-Europe.
- Scholarly studies in English