When was homosexuality legalized in germany

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Last updated: April 17, 2026

Quick Answer: Homosexuality was decriminalized in East Germany in 1968 and in West Germany in 1969, with full legal equality, including marriage, achieved in 2017. Paragraph 175 of the German Penal Code, which criminalized male homosexuality, was gradually repealed between 1968 and 1994.

Key Facts

East Germany decriminalized homosexuality in 1968, ahead of West Germany.
West Germany partially repealed Paragraph 175 in 1969, removing prison penalties.
Full repeal of Paragraph 175 occurred in 1994 after German reunification.
Same-sex marriage became legal in Germany on October 1, 2017.
The Nazi regime intensified persecution of homosexuals, sentencing over 50,000 men under Paragraph 175.

Overview

Germany's journey toward legalizing homosexuality spans over a century, marked by periods of repression and progressive reform. The criminalization of male homosexuality under Paragraph 175 of the German Penal Code began in 1871 and remained in effect in various forms until the late 20th century.

While decriminalization began in the 1960s, full legal equality, including marriage rights, was not achieved until 2017. The path differed between East and West Germany during the Cold War, reflecting divergent legal and social policies.

1871: Paragraph 175 was introduced, criminalizing male homosexual acts with penalties including imprisonment and social marginalization across the German Empire.
1935: The Nazi regime intensified Paragraph 175, broadening its scope and leading to the arrest of over 50,000 men, many sent to concentration camps.
1968: East Germany abolished Paragraph 175 for adults over 18, making it the first German state to decriminalize consensual male homosexuality.
1969: West Germany reformed its laws, removing prison sentences for homosexual acts between men over 21, though full repeal came later.
1994: After reunification, Paragraph 175 was fully abolished, ending all criminal penalties for homosexuality in a unified Germany.

How It Works

Understanding the legalization of homosexuality in Germany requires examining the evolution of Paragraph 175 and the political contexts of East and West Germany. Legal changes occurred in stages, influenced by shifting societal attitudes and human rights advocacy.

Paragraph 175: Enacted in 1871, this law criminalized sexual acts between men. It was enforced harshly under the Nazi regime and partially retained in both German states after WWII.
East German Reform (1968): The German Democratic Republic (GDR) decriminalized homosexuality for men over 18, reflecting a more liberal stance compared to the West.
West German Reform (1969): The Federal Republic of Germany lowered the age of consent to 21 for homosexual acts, removing jail sentences but maintaining some legal distinctions.
Age of Consent Equality: In 1998, the age of consent for homosexual acts was lowered to 16, aligning it with heterosexual acts and completing legal parity.
Same-Sex Marriage: On October 1, 2017, Germany legalized same-sex marriage following a parliamentary vote, granting full marital rights to LGBTQ+ couples.
Compensation and Recognition: In 2017, Germany passed a law to compensate men convicted under Paragraph 175, acknowledging historical injustices and offering financial reparations.

Comparison at a Glance

Legal milestones in East and West Germany differed significantly due to political ideologies. The following table highlights key dates and reforms:

Year	Region	Legal Change	Impact
1871	Germany (Empire)	Paragraph 175 enacted	Criminalized male homosexuality nationwide
1935	Nazi Germany	Expanded Paragraph 175	Over 50,000 men prosecuted; thousands imprisoned
1968	East Germany	Decriminalized homosexuality	Men over 18 no longer prosecuted
1969	West Germany	Repealed prison penalties	Reduced penalties but retained age restrictions
1994	Unified Germany	Full repeal of Paragraph 175	Complete decriminalization of homosexuality

These divergent paths reflect the broader ideological divide between socialist East Germany and capitalist West Germany. Reunification allowed for the harmonization of laws, culminating in full legal equality by the 21st century.

Why It Matters

The legalization of homosexuality in Germany is a critical chapter in the nation's human rights history. It reflects broader societal shifts toward inclusivity and the long fight against systemic discrimination.

Historical Justice: The 2017 compensation law acknowledged past wrongs, offering reparations to over 50,000 men convicted under discriminatory laws.
Marriage Equality: Legalizing same-sex marriage in 2017 granted LGBTQ+ couples full adoption, inheritance, and social security rights.
Global Influence: Germany's reforms have inspired LGBTQ+ rights movements across Europe and beyond.
Public Opinion: Support for LGBTQ+ rights in Germany rose from under 30% in the 1980s to over 85% by 2017.
Legal Precedent: Germany's repeal of Paragraph 175 set a model for post-authoritarian legal reform and human rights restoration.
Ongoing Challenges: Despite progress, LGBTQ+ individuals still face discrimination in employment, housing, and healthcare, highlighting the need for continued advocacy.

Germany's journey from criminalization to full legal recognition underscores the importance of persistent activism and legislative reform in advancing human rights for all.