Homosexuality in the Bundeswehr

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Logos of the staff element Equal Opportunities, Diversity and Inclusion of the Bundeswehr

General

Homosexual soldiers are legally equal in the Bundeswehr . The Soldiers' Equal Treatment Act ( SoldGG ) aims to prevent or eliminate discrimination, among other things on grounds of sexual identity, for service as a soldier.

In 2015, 410  members of the Bundeswehr lived in a registered civil partnership . At the Center for Military History and Social Sciences of the Bundeswehr (ZMSBw) there is a current research project with the working title "The Bundeswehr's Dealing with Homosexual Soldiers 1955 to 2002" by Lieutenant Colonel and military historian Klaus Storkmann. The QueerBw association has existed since 2002 to represent the interests of queer soldiers. The association is the successor to the Federal Working Group for Gay Soldiers (BASS), which ceased its activities in 2001 when it had achieved its goals and was called the Working Group for Homosexual Members of the Bundeswehr (AHsAB) until February 29, 2020 .

history

Until 1969

Soldiers who were convicted under the former Section 175 of the Criminal Code also had to suffer disciplinary and status-related consequences from the Bundeswehr , such as a downgrading or removal from the service . In some cases, professional soldiers were advised to apply for their own release. Generally, homosexual offenses were prosecuted more rigorously by military disciplinary attorneys and military service courts than by civil prosecutors and criminal courts . In 1969 consensual sexual acts between men who had reached the age of 21 were exempt from punishment in the Federal Republic of Germany. Last but not least, the age limit was set with the interests of the Bundeswehr in mind. The men between the ages of 18 and 21 still under threat of punishment were the conscripts.

1970-1999

In 1970 the Federal Administrative Court ruled that consensual homosexual acts outside of the service and unrelated to service did not (any longer) constitute a service offense . However, purely private consensual sexual relationships between superiors and subordinates were also a breach of service. The abstract superior relationship according to the provisions of the Superiors Ordinance was sufficient . As long as homosexual officers or NCOs remained inconspicuous, they could also go unhindered their way in the Bundeswehr and make a career up to the highest employment .

The Military Counter-Intelligence Service (MAD), on the other hand, assessed “sexual behavior with blackmail potential” as a security risk, due to which a security check could end with a negative vote. According to the safety guidelines that applied to all departments of the federal government at the time , homosexuality was an “abnormal disposition in the sexual field”. The homosexual disposition did not in itself pose a security risk as long as it was not linked to blackmail. It was criticized that it is only through discrimination that blackmail becomes possible. The Bundeswehr creates its own security risks.

Homosexual soldiers realized all ranks were also not released early as a rule since the 1970s, unlike, for example, in the UK or the US armed forces . An officer or sergeant whose homosexual inclinations became known, however, had to reckon with the fact that he would no longer be promoted or entrusted with higher-value tasks. Furthermore, he could no longer remain in a service position as a direct superior in the troops (e.g. as a group leader , platoon leader , company commander or commander ), the Federal Ministry of Defense stipulated by decree in March 1984. In these, an early retirement of the “affected persons” was excluded, at least as long as there was no incapacity to work , which does not include homosexual orientation. The conversion of the employment relationship of a soldier into that of a professional soldier was excluded. Homosexual officer cadets were regularly dismissed because they no longer met the requirements that must be placed on them in their careers ( Section 55 (4 ) SG ). A lieutenant with the status of a professional soldier could be dismissed by the end of the third year of service as an officer, at the latest before the end of the tenth year of total service in the Bundeswehr, due to a lack of suitability as a professional officer ( Section 46 (8 ) SG ). Basic military service was forbidden to voluntarily serve longer as teams .

Between 1981 and 1991, two of the then three troop service courts had passed a total of 47 disciplinary judgments in connection with homosexuality, including acquittals .

In the Kießling affair , General Günter Kießling retired early in 1983 due to his suspected homosexuality. Since the allegations could not be substantiated, he was rehabilitated and put into regular retirement with a major tattoo .

From 2000

In July 2000, the Federal Ministry of Defense published a decree on “Personnel Management for Homosexual Soldiers”. On December 20, 2000, the “Leadership Aid for Superiors - Dealing with Sexuality” followed. Accordingly, the obligation to camaraderie requires tolerance towards other sexual orientations that are not subject to criminal penalties, and accordingly also for soldiers of the same sex disposition. Your own life plans should not be used as a yardstick for others. Regardless of the moral attitude of the individual, the tolerance had to be expected from him to allow comrades to behave differently than his own, as long as this would not endanger training and commitment. In the introduction, the guide refers to the protection provided by Article 3 of the Basic Law against unequal treatment due to sexual orientation and the anchoring of the prohibition of discrimination in Article 14 of the European Convention on Human Rights .

According to the decree “Dealing with Sexuality in the Bundeswehr” of July 2004, both heterosexual and homosexual partnerships and activities among soldiers outside of the service are regularly irrelevant under disciplinary law. This also applies if the partners have different rankings. As part of their personal right, the private sphere of soldiers cannot be influenced by their employers . Dealing with sexuality is only important for the employment relationship if it disrupts the work of the company or compromises comradely solidarity . Sexual activity on duty is regularly to be viewed as a disruption to the workforce. A service misconduct can also be considered if the behavior is detrimental to the public image of the Bundeswehr or if one or both partners violate their soldierly duty to respectfully and trustworthy behavior. The decree does not distinguish between heterosexual and homosexual behavior.

In February 2012, the Bundeswehr signed the Diversity Charter . In the Federal Ministry of Defense, the staff element “Equal Opportunities” was set up in April 2015 and, with effect from May 1, 2016, expanded to include “Equal Opportunities, Diversity and Inclusion”. Its third head has been Colonel Ivonne Neuhoff since March 5, 2018 .

The first workshop “Sexual Orientation and Identity in the Bundeswehr” took place on March 31, 2017 in Berlin.

Trivia

Due to the former Section 175 of the Criminal Code , which made homosexual acts between men a punishable offense, the armored artillery battalion of Panzergrenadierbrigade 17 was not given the regular number "175" but the number "177".

A popular trainer saying during formal service training, in which the distance to the person in front should be 80 centimeters, was: "79 centimeters are gay, 81 centimeters is desertion ." "Leaving comrades in the lurch or getting too close - they were Named the deadly sins of soldierhood. "

See also

literature

  • Klaus Storkmann: "79 cm are gay" - homosexual soldiers in the history of the Bundeswehr . In: Military History - Journal for Historical Education . No. 1 , 2018, p. 4–9 ( online [PDF]).
  • Klaus Storkmann: “Don't ask. Don't Tell. ”- in German? In: if - Journal for Inner Leadership . tape 3 , 2017, p. 12 ff .

Web links

Individual evidence

  1. ↑ homophobia? No thanks! In: bundeswehr.de. May 18, 2015, accessed October 23, 2019 .
  2. ↑ Lieutenant Colonel Dr. phil Klaus Storkmann - Brief description of current projects. In: zmsbw.de. Retrieved October 23, 2019 .
  3. ↑ 15 years of the Working Group Homosexual Members of the Bundeswehr e. V. In: ahsab-ev.de. Retrieved March 30, 2020 .
  4. ↑ a b c d e f Klaus Storkmann: "79 cm are gay" - Homosexual soldiers in the history of the Bundeswehr . In: Military History - Journal for Historical Education . No. 1 , 2018, p. 4-9 ( PDF ).
  5. ↑ Leadership assistance dealing with sexuality. Retrieved October 23, 2019 .
  6. ↑ Central Service Regulation 14/3 Annex B 173. In: lsvd.de. July 2004, accessed October 23, 2019 .
  7. ↑ Bundeswehr relies on diversity. Federal Ministry of Defense signs Diversity Charter. In: charta-der-vielfalt.de. February 28, 2012, accessed October 23, 2019 .
  8. ↑ Equal opportunities: self-image and goals. In: bmvg.de. February 2, 2017, accessed October 23, 2019 .
  9. ↑ New head: Staff element “Equal Opportunities, Diversity and Inclusion”. In: personal.bundeswehr.de. March 12, 2018, accessed October 23, 2019 .
  10. ↑ "We take your concerns seriously". In: bmvg.de. February 2, 2017, accessed October 23, 2019 .