Deregulation of §175

Section 175 of the German Criminal Code had criminalized sexual acts between men* since 1871 and was used to persecute homosexuals, particularly after it was tightened by the Nazis in 1935. After years of lobbying by the homophile movement, it was relaxed in the Federal Republic of Germany on September 1, 1969. A second reform followed in 1973. Since then, sexual acts with male minors under the age of 18 were punishable, whereas the age of consent for lesbian and heterosexual acts was 14. It was not until June 10, 1994, that §175 was completely removed from the German Criminal Code (StGB); the convictions handed down under this provision were not largely overturned until 2017.

The first reform in 1969 made it possible to legally establish homosexual journals and magazines, as well as to open openly gay shops and businesses. The resulting infrastructure served as an important foundation for queer networks, as well as for the activism of the Second German Gay Movement.

Mico Kaletta, owner of the gay bar Vulkan in Hanover, describes the evening of the repeal as follows:

“We could hardly wait to be able to hug and kiss without punishment. We seized on the date and planned a celebration, treating everyone to two kegs of free beer. At 7 p.m. we opened the bar, and by 7:10 p.m. we actually would have had to put up a line because so many gay people had come. We also celebrated on the sidewalk. Our landlord, Mr. Blum, who was then chairman of the Jewish community in Hanover, congratulated us and gave us the green light for the noise. We were all in a frenzy of joy. Finally, we no longer had to hide. Overnight, there were two million fewer criminals.” ¹