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Homosexual Emancipation Movements and Legal Framework in the Federal German Republic from 2002 and 1945

This sub-project investigates the homosexual emancipation movement in the Federal Republic of Germany and its confrontation with the German legal system in the period from the foundation of the Federal Republic of Germany in 1949 to the decision of the Federal Constitutional Court on the constitutional conformity of the Civil Partnership Act (LPartG) in 2002. Starting from the hypothesis of an emancipatory legal appropriation by the homosexual movement, the subproject examines the connections between processes of decriminalisation and discrimination, and the formation of political collectives and subcultures. The study examines the criminalisation of male sexuality by § 175, occupational bans, and gay and lesbian trade union involvement, the AIDS crisis of the 1980s and ‘90s, and debates on the so-called "homo marriage". Thus, the legal fields of criminal law, social law, civil law, health law and labour law come into focus. The legal debates and legal practices of the homosexual movement will be central, as well as the function and significance of law in the context political emancipation and the formation of collectives.

The sub-project has also created the blog "History | Sexuality | Law".

Team:  Martin Lücke    Veronika Springmann   Adrian Lehne   Maria Ganten

Funding phase 2 (2021-2024)