Although Germany's Christian Democrat/Social Democrat "grand coalition" government won't legislate for marriage equality, it seems that it is open to other pro-LGBT legislative reforms, such as the announcement of a "historic gay sexual offences' bill. Which does lead to some questions about centre-right parties interest in such legislation. From one perspective, it may be seen as symptomatic of pluralist conservatism and openness to LGBT inclusion, such as that within areas of the Australian Liberal Party, New Zealand National Party and British Conservative Party. Due to reforms from Helen Clark, Tony Blair and Gordon Brown during their periods of office, the centre ground and public opinion has shifted on LGBT concerns. Modernist and pluralist centre-right activists and Members of Parliament reflect that newfound openness, although it's also strategically wise to do so. Probably, they want to win back estranged lesbians and gay men who support paramount fiscal conservative or classical liberal political philosophies and government policies as well, so there's no harm in being seen as proactive on this front. From another, critical perspective, it is seen as opportunist and whitewashing. Granted, some of the criticisms advanced by critics of 'historical offences' repeal don't apply to New Zealand. Unlike Canada and Australia, New Zealand was settled by pakeha some time after legislative reform mitigated the death penalty for consensual gay sex to 'mere' long term imprisonment. Still, that said, New Zealand did imprison gay men for consensual anal and other gay sex, even if the New Zealand state and its law enforcement agencies couldn't catch all of them. So did Germany. Moreover, during the Second World War, we are aware that at least five thousand gay men were starved to death, overworked, shot and otherwise killed in Nazi Germany's concentration camps. Even within jurisdictions where homosexuality was viewed as a 'national security risk' during the Cold War that followed, persecution and malignant neglect never reached those depths. Still, some relative points exist in our own context to question the automatic approval of such legislation. On the one hand, its passage will permit older gay men to participate in community welfare organisations with clean personal and biographical official records through erasure of such historical "offences" that are now footnotes in current statutory back records. This is important, but this legislation has a 'sunset clause' built into it. Eventually, the inevitable processes of ageing, infirmity and mortality will start to work in this context, and like World War II veterans today, we will face a declining proportion of activists from that era at successive commemorations of homosexual law reform. While we haven't reached that stage in Australia and New Zealand, given that most homosexual law reform here occurred between 1980 and 1997. The youngest cohort of out gay men from that era in New Zealand are now in our fifties. However, it occurred twenty years longer ago in the United Kingdom, where the tentative Sexual Offences Act partially and restrictively decriminalised male homosexuality in 1967. Such men would now be in their seventies, or older. This may be why the United Kingdom has already passed such legislative reforms. When it comes to West Germany, though, partial decriminalisation occurred in 1969. At that point, Weimar/Nazi era Paragraph 175 was narrowed down to provide an effective gay age of consent at twenty one, although professional abusers of dependent clients and gay male sex workers were still prosecuted. In 1973, the gay age of consent was reduced to eighteen, with dismissal if the older participant was himself under twenty one, in West Germany. In 1994, it was abolished altogether, with age of consent equality in reunified Germany. In East Germany, decriminalisation occurred as long ago as 1957, although in 1968, there was an age of consent imposed at eighteen for lesbians and gay men alike. In 1990, the age of consent was standardised at fourteen, with sixteen for cases involving specific responsibilities for care. Although the youngest cohort of gay men from New Zealand's Homosexual Law Reform Act debate era are now in our fifties, some of the older generational contingent involved are considerably older, in their seventies and eighties, and in some cases, are no longer with us. In some cases, therefore, they passed away still retrospectively criminalised from that era, despite the passage of the Homosexual Law Reform Act in 1986. There are additional questions raised by some trans sex workers- what about deletion of their own former criminalisation under the Crimes Act 1961's former provisions against prostitution? So, there is a case for optimally inclusive legislation in this context. It is not the case that it will be 'universal' in application, as there are still offences on the statute books that involve public sex and offences against minors. No-one is arguing for their deletion, especially not in the latter case. Overall then, the case for a historical offences record erasure bill is quite strong. New Zealand's own Equal Justice Project agrees and it has a page on the situation related to historical gay 'offences' in New Zealand. This webpage sets out our history of gay criminality. In 1867, the colonial era Offences Against the Person Act 1867 criminalised gay anal sex, but left other forms of consensual gay sexual activity alone. It meant that gay anal sex was originally punishable by a ten year prison sentence to life imprisonment. From 1893, gay anal sex ("sodomy") was subjet to particular condemnation, 'meriting' life imprisonment, while 'indecency between males' 'warranted' ten year sentences. In the Crimes Act 1961, Sections 140-142 provided mitigated penalties- seven years for consensual gay anal sex and five years for non-anal gay sex. In 1986, the Homosexual Law Reform Act finally erased most forms of gay male criminality. As if to reinforce Justin Bengry's point about the problems of stratified LGBT rights policies, there was a correspondingly appalling asylum policy decision announcement at the same point in time. Algeria, Morocco and Tunisia were incorrectly classified as "safe countries of origin' for LGBT asylum seekers. However, asGaystarnews(13.05.2016) notes, male homosexuality is illegal in all three Maghreb countries and prison sentences can last for as long as three years. In Morocco, the fine is from 120-1200 dirhams, but the sentence can be lengthened to five years if the other participant is aged from fourteen to eighteen. In Algeria, it ranges from 500-2000 dinars. While the sentence is two years imprisonment, it can be increased to three years if the other participant is aged from fourteen to eighteen. German Green Bundestag MP and gay man Volker Beck expressed concern at the new policy restrictions, as did the Lesben und Schwulenverbend Deutschland, Germany's largest LGBTI organisation. Recommended: Victoria: Sentencing Amendment (Historic Homosexual Offences Expungement) Act 2014:http://www.austlii.edu. au/au/legis/vi c/bill/sahceb2014i855/ New South Wales: Criminal Records Amendment (Historic Homosexual Offences) Bill 2014:http://www.parliament. nsw.gov.au/prod/parlment/ nswbills.nsf/ 131a07fa4b8a041cca256e610012de 17 / 861eaf4a40f06eafca257d55002bce 70/$FILE/16493800.pdf/b2014- 112-d04-House.pdf South Australia: Spent Convictions (Decriminalised Offences) Amendment Act 2013:http://www5.austlii.edu. au /au/legis/sa/bill/ scoab2013488/ Australian Capital Territory: Spent Convictions (Historic Homosexual Offences) Extinguishment Amendment Act 2015:http://www.legislation. act. gov. au/a/2015-45/20151107-62281/ pdf/2015-45.pdf Disregarding Certain Criminal Convictions: Chapter 4 Part 5 Protection of Freedoms Act 2012: Application Form and Guidance Note for Applicants:https://www.gov. uk/government/uploads/system /uploads/attachment_data/file/ 118140/guidance-application. pdf Sam Sachdeva: "Broad brush wiping of homosexual 'offences' ruled out"Stuff.co.nz: 08.12.2015:http://www.stuff. co.nz/national/politics/ 74865633/Broad-brush-wiping- of-historic-homosexual- convictions-ruled-out Justin Bengry: "Why I oppose a general pardon for historical convictions for homosexual offences" Pinknews: 04.08.2015:http://www. pinknews.co.uk/2015/08/04/ comment-why-i-oppose-a- general-pardon-for-historical- convictions-for-homosexual- offences/ Equal Justice Project: "Cross-Examination: The Persecution Game: Pardoning Historic Convictions for Same-Sex Intercourse" EJP: June 2015: http://equaljusticeproject. co.nz/2015/06/cross- examination-the-persecution- game-pardoning-historic- convictions-for-same-sex- intercourse/ Germany to wipe historic gay sex convictions: Gaynz.Com: 12.05.2016:http://www.gaynz. com/articles/publish/3/ article_18266.php Hague plans to table historical convictions petition: 13.05.2016:http://www.gaynz. com/articles/publish/2/ article_18269.php "Germany declares three countries that criminalise gay sex to be 'safe' for asylum seekers" Gaystarnews: 13.05.2016:http://www. gaystarnews.com/article/ germany-declares-three- countries-criminalize-gay-sex- safe-gay-asylum-seekers/#gs. ri4gE7A Wikipedia/Paragraph 175: http://en.wikipedia.org/wiki/ Paragraph_175 GayNZ.com Daily News staff - 16th May 2016
Credit: GayNZ.com Daily News staff
First published: Monday, 16th May 2016 - 12:11pm