August Bebel
[This
article appeared in Gay News
(London) issue 136 (1978) under
the title, “The Man Who Spoke Out: 80th Anniversary of a
Landmark in Gay Rights”.]
The
First Politician To Speak Out For Homosexual Rights
Copyright
© 1978 by John Lauritsen
This
January marks the 80th anniversary of a landmark in our struggle: the
first political speech ever given for homosexual rights. On 13
January 1898, the leader of the great German Social Democracy, August
Bebel, took the floor of the Reichstag, during a discussion of penal
code reform, to argue for a petition being circulated by the
Scientific Humanitarian Committee calling for the repeal of Germany's
sodomy statute, Paragraph 175. The Scientific Humanitarian Committee
(wissenschaftlich-humanitäre
Komitée),
the world's
first activist homosexual rights organization, was itself only nine
months old at the time, having been founded on 15 May 1897 by Magnus
Hirschfeld, Max Spohr, and Erich Oberg. The petition was the main
tactic used by the Committee in its efforts to repeal Paragraph 175.
While
he may not have been the first politician to support homosexual
emancipation — before him we should at least have to give
credit to Napoleon's Chancellor, Cambacérès
—
Bebel so far as we know was the first to speak out in public debate.
No
ordinary politician, August Bebel was co-founder of the German Social
Democracy and was its foremost representative for more than forty
years; he was the political heir of Marx and Engels, and one of the
outstanding figures in the entire history of the working class
movement. Under Bebel's leadership, the German Social Democracy was
looked upon as an exemplar and source of inspiration by socialists
all over the world.
Bebel
was one of the first four men to sign the Scientific Humanitarian
Committee's petition, which originally was in the form of a manifesto
(the other three were Ernst von Wildenbruch, Richard von
Krafft-Ebing, and Franz von Liszt). With the prestige of Bebel and
the support of the Social Democracy behind it, the early homosexual
rights activists were at least assured of a hearing, although their
main goal, the repeal of Germany's sodomy statute, was only to be
realized seven decades later. The support of the Social Democracy for
the homosexual emancipation movement continued for three and a half
decades — until both movements were destroyed by the triumph
of
Nazism in 1933. and just as the socialists were the strongest (almost
the only)
supporters of homosexual
rights, the most zealous
opponents were to be found in the Center Party, the political arm of
the Roman Church.
Bebel's
speech may seem rather tame, measured by the rhetoric and ideology of
the present, but it was far in advance of the time, which was still
under the pall of Victorianism. It is clear from the commotions and
interruptions indicated on the record that Bebel's remarks were
thoroughly shocking to the ears of his colleagues.
A
few days later, a Pastor Schall felt obliged to state his opposition
to the Scientific Humanitarian Committee's petition from the
perspective of Christianity. He argued that the Apostle Paul, in his
letter to the Romans, had treated the vice favored by the petition as
one of the most heinous sins of the old paganism, and said he was
totally unable to comprehend why so many famous people had signed the
petition. The following comment by Pastor Schall is quite revealing:
“I must admit having been profoundly shocked by these remarks
of Herr Bebel — they have somehow upset me and thrown me into
a
deep depression.”
One
thing Bebel's colleagues found hard to believe, was his portrayal of
the prevalence and extensiveness of homosexual activity. In 1907,
Bebel, then elderly and ailing, recalled the incredulity some
Reichstag members had expressed nine years before over his estimates
as to the great numbers of homosexuals, and how he had been accused
of exaggeration. In retrospect, Bebel maintained, he had not
exaggerated — if anything he may have estimated too few! In
light of the Kinsey findings, inter
alia,
Bebel was right: his
1898 estimates were far too conservative. However, for historical
perspective, we should remember that the first great pioneer for
homosexual rights, Karl Heinrich Ulrichs (1825-1895) had estimated
that only 0.002% of the German population was homosexual, and many
felt this estimate was too high. Also, at the time of the Oscar Wilde
trial, there were otherwise informed men who believed that there
could not possibly be more than a couple of dozen sodomites in the
city of London.
The
following is a translation from the stenographic record of the
Reichstag proceedings:
*
* *
Reichstag
16th Session Thursday, 13 January 1898
Vice-President
Dr. Spahn: Representative Bebel has the floor.
Bebel:
Representatives: Understandable is the position of those who, deeply
offended by certain distasteful aspects of our public and private
life, endeavor to make the fullest use of the criminal code to remedy
these evils and wipe them off the face of the earth. My friends and I
are also prepared to second a large number of the provisions which
Dr. spahn and his colleagues have proposed in the draft before us,
but by no means all. On the one hand, this draft goes too far from
our standpoint, and on the other, not far enough. In particular, once
reform has been accomplished in this area, we should have to consider
whether there may not be still other comparable provisions of our
penal code that have at least as much right and as much need to be
revised as the paragraphs here proposed.
Gentlemen,
the penal code exists to be enforced — that is to say, so
that
the authorities who have the primary responsibility for maintaining
compliance with and respect for the law should be dutifully watchful
for violations and act accordingly. But there are provisions of our
penal code, some of them contained in the motion before us, where the
authorities, although fully aware that these provisions are
systematically violated by a great number of people, men as well as
women, only in the rarest cases bother to call for action on the part
of the prosecutor. Here I have particularly in mind the section with
the provisions of Paragraph 175 — it has to do with
“unnatural
fornication”. It will be necessary, if the Commission is
elected — and I do urge that one be, because in my opinion
this
bill cannot become law without the Commission's recommendation
—
that then the government of Prussia be specifically requested to
remand to us certain material which the local Berlin vice squad has
at its disposal, so that on the basis of an examination of the same,
we may ask ourselves whether we can and should retain the section
with the provisions of Paragraph 175, and, if we should, whether we
should not have to expand them. I am informed by the best sources
that the police of that city do not bring the names of men who commit
offenses which Paragraph 175 makes punishable by imprisonment to the
attention of the district attorney as seen as they have become aware
of the fact, but rather add the names of the persons involved to the
list of those who for the same reasons are already in their files.
(Hear! Hear! [from the
Left])
The
number of these persons is so great and reaches so far into all
levels of society, that if the police here scrupulously carried out
their duty, the Prussian State would immediately be compelled to
build two new penitentiaries just to take care of those offenses
against Paragraph 175 that are committed in Berlin alone.
(Commotion.
Hear! Hear!)
That
is not an exaggeration, Herr von Levetzow; it has to do with
thousands of persons from all walks of life. But then it further
raises the question of whether the provisions of Paragraph 175 should
apply not only to men, but also to women who on their part commit the
same offense. What is just in the case of one sex, is fair for the
other. But gentlemen, I'll tell you this: if in this area the Berlin
police did their duty all the way — I want to say a word
about
this — then there would be a scandal such as the world have
never known, a scandal compared with which the Panama scandal, the
Dreyfus scandal, the Lützow-Ledert and the Tausch-Normann
scandals are pure child's play. Perhaps this is one of the reasons
why the offense punishable under this Paragraph is treated with such
extraordinary laxity on the part of the police. Gentlemen, Paragraph
175 is part of the penal code, and because it is there, it must be
enforced. However, if for whatever reasons this part of the criminal
law cannot be enforced, or can be enforced only selectively, then the
question arises whether this provision of the penal code can
equitably be retained. I wish to venture that in this very session
—
perhaps some of the gentlemen may not yet have taken note of it
—
we have before us a printed petition signed by me personally, among
others, and by a number of colleagues from other parties, and further
by people from literary and academic circles, by jurists of the most
illustrious standing, by psychologists and pathologists, by experts
of the highest rank in this field. The petition, for reasons that
understandably I don't wish to go into fully at this moment,
advocated a revision of the penal code so as to repeal the relevant
provisions of Paragraph 175.
Translation
from the German copyright
© 1978 by John Lauritsen
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