Germany’s history with LGBT rights has been confusing, to say the least.
Although it is one of the most gay-friendly countries in the world, today same-sex marriage
is still outlawed despite being legal in 13 European countries.
And while a majority of German citizens support equal rights, the German government does not.
So, why is Germany so split on gay rights?
Well, being gay in Germany has always been kind of a mixed bag.
During the Weimar Republic which preceded the Nazi Party coming to power, Germany was
the center of a homosexual revolution.
The open acceptance of gay men and women led to a number of changes in how homosexuality
was seen around the world.
Instead of treating it as a deviation from “normal” sexual tendencies, it was instead
understood as a natural, inborn characteristic.
Nearly a century before the same view made its way around the world.
Nonetheless, at the time there were laws on the books prohibiting same-sex relations between
men, referred to as “Paragraph 175”.
This law was rarely enforced until Nazis took control of Germany, and began enforcing and
broadening it to include “lewdness” and even including those suspected of being gay.
Roughly 15,000 gay men were sent to concentration camps over the following years, and even after
the war ended, it took until 1969 for homosexuality to be decriminalized, and 1994 for the law
to be taken off the books.
Worse yet, it wasn’t until 2016 that Germany’s Justice Minister created legislation officially
pardoning all those convicted of homosexuality, both during and after Nazi rule.
But even today, same-sex marriage is still prohibited, although civil unions have been
permitted since 2001.
Yet a majority of Germany supports same-sex marriage, and a 2013 poll showed that Germans
have the second highest social acceptance of homosexuality in the world, after Spain,
with roughly 87%.
So why is Germany so behind its European counterparts?
Well, many blame German Chancellor, Angela Merkel.
Merkel herself is considered conservative on a number of social issues, potentially
as a result of her upbringing by a Protestant pastor father in the repressive East Germany.
Additionally, her political party, the Christian Democratic Union is considered center-right,
and has voted down numerous pro-LGBT bills.
Merkel has even said that heterosexual marriage is directly linked to the family, and both
should be protected by the state.
For her, this means falling behind the rest of Europe as LGBT rights continue to evolve.
Still, the government does seem to be progressing.
Just in 2013, due to a constitutional challenge, adoption rights were extended to gay couples
as long as one parent already had custody of the child.
However, joint-same sex adoption is still illegal in Germany.
That same year, the country also became the first in Europe to offer a third gender for
newborn children, known as “X”, which effectively postpones establishing gender
identity until a future point when either the parents or the child are comfortable deciding.
Although the German population is decidedly same-sex friendly and socially progressive,
it is taking time for that tolerance and acceptance to translate into legal benefits.
A very liberal Germany being run by a center-right leaning party seems to be the greatest source
of conflict.
Nonetheless, it is unlikely that the country will regress on LGBT rights, the only question
is how long it will take to move forward.
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Luckily enough, being gay is no longer a crime in Germany, but that’s not the case around
the world.
There are still countries where homosexual activity is a criminal offense, and in some
places you can be killed.
So, where is it illegal to be gay?
Find out in this video.
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