LGBTQ Legal Status
The history of LGBT rights in Germany is deeply shaped by its division during the Cold War. Unlike Austria, where changes were largely driven by the courts, Germany’s path involved two separate legal systems (East and West) that eventually merged, followed by legislative pushes in the federal parliament (Bundestag) to achieve full equality.
Here is the historical overview of the legalization of homosexuality and gay rights in Germany.
Phase I: The Shadow of Paragraph 175 (1871–1945)
For over a century, German life for gay men was dominated by Paragraph 175, a statute in the criminal code that banned sexual acts between men.
1871: The German Empire enacts Paragraph 175, criminalizing "unnatural fornication" between men.
1935 (Nazi Era): The Nazi regime drastically expands Paragraph 175. The requirement for physical contact is removed—a mere "lustful glance" could be prosecuted. The maximum penalty is increased to ten years of hard labor.
Estimates suggest over 100,000 men were arrested; between 5,000 and 15,000 were sent to concentration camps, where they were marked with the Pink Triangle.
1945: After WWII, while many Nazi laws were repealed, Paragraph 175 remained in force in both East and West Germany.
Phase II: A Divided Nation (1949–1990)
East and West Germany took very different paths regarding gay rights. Surprisingly, the communist East decriminalized homosexuality significantly earlier than the democratic West.
West Germany (Federal Republic of Germany)
1949–1969: The West German government retained the harsh Nazi version of Paragraph 175. Police raids and trials continued intensely; approximately 50,000 men were convicted during this era.
1969: A major reform decriminalizes homosexual acts between men over the age of 21.
1973: The age of consent for gay men is lowered to 18 (while it was 14 for heterosexuals), keeping a discriminatory distinction in place.
East Germany (German Democratic Republic)
1950: The East German judiciary reverts to the pre-Nazi (1871) version of Paragraph 175, making it slightly more lenient than the West.
1968: East Germany introduces a new penal code. Paragraph 175 is repealed entirely. It is replaced by Paragraph 151, which still sets a discriminatory age of consent (18 for same-sex acts, 16 for heterosexual acts).
1988: The East German parliament repeals Paragraph 151. Homosexuality is now fully legal with the same age of consent as heterosexuals, a year before the Berlin Wall falls.
Phase III: Reunification & The Final Repeal (1990–2001)
Following reunification in 1990, the new federal government had to reconcile the two legal systems. The West's discriminatory laws initially prevailed, but pressure mounted to remove them.
1994: Paragraph 175 is abolished for good. As part of the post-unification legal harmonization, the discriminatory age of consent is removed. The age of consent is equalized at 14 (and 16 in cases of authority/dependency) for everyone, regardless of gender.
2001: Registered Life Partnerships (Eingetragene Lebenspartnerschaft) are introduced. Germany becomes one of the first major countries to offer legal recognition to same-sex couples. It provided many rights of marriage (inheritance, health insurance) but lacked key rights regarding taxes and adoption.
Phase IV: The Push for Marriage & Rehabilitation (2001–Present)
The final phase focused on closing the gap between "partnership" and "marriage," often driven by public pressure and the Federal Constitutional Court forcing the government to update tax and adoption laws.
2004: Step-child adoption is legalized for registered partners (adopting the biological child of a partner).
2013: The Federal Constitutional Court rules that banning successive adoption (adopting a child the partner had already adopted) is unconstitutional.
2017 (June): Rehabilitation of Victims. The Bundestag votes to annul the convictions of the 64,000 men convicted under Paragraph 175 after WWII and offers them financial compensation.
2017 (October): Marriage Equality. After years of blocking the vote, Chancellor Angela Merkel allows a "conscience vote" in parliament. The bill passes, and on October 1, 2017, same-sex marriage becomes legal. Full joint adoption rights are granted simultaneously.
2020: A nationwide ban on conversion therapy for minors is enacted.
Historical Timeline
1871: Paragraph 175 enacted (criminalizing male homosexuality).
1935: Nazis tighten the law; mass persecution begins.
1968: East Germany decriminalizes homosexuality.
1969: West Germany decriminalizes homosexuality (age of consent 21).
1988: East Germany equalizes the age of consent.
1994: Reunified Germany fully repeals Paragraph 175 (Age of consent equalized).
2001: Registered Life Partnerships introduced.
2017: Convictions under Paragraph 175 annulled and victims compensated.
2017: Same-sex Marriage (and full adoption) legalized.
2020: Ban on conversion therapy for minors.
Travel Advice
Germany is very safe for LGBTQ travelers. Berlin, in particular, is known as one of the most LGBTQ-friendly cities in the world. Public displays of affection are generally accepted in urban areas. Pride events are celebrated in many cities throughout the year.
