German Justice Minister Champions Law Reform (Press, 27 October 1967)

Dr Gustav Heinemann, West Germany's Minister of Justice, is leading a campaign to reform the country's obsolete penal code that punishes homosexuality, adultery, abortion, and blasphemy with severe penalties. He aims to eradicate the harshness of the 96-year-old law, which allows for up to five years in prison for homosexual acts, 15 years for abortion, six months for adultery, and up to three years for blasphemy. Heinemann has received significant backing from critics who describe the current legal framework as illogical, intolerant, and outdated. Speaking against the blasphemy law, Heinemann stated that God does not require legal protection, arguing that not all violations of Christian ethics should incur state prosecution. This position is reflective of his larger goal of separating moral questions from legal frameworks. He has a history of political dissent, having resigned from former Chancellor Konrad Adenauer’s Cabinet due to his strong opposition to German rearmament. A new draft penal code introduced five years ago is currently being reviewed by Parliament. This draft, however, seeks to maintain prison sentences for the same offences. Heinemann is actively urging the legal committee to amend this draft within the current government term, which is set to conclude in 1969. He believes that no one should interfere in consensual adult homosexual relationships and insists that laws should not be constructed solely around Christian moral beliefs. Furthermore, Heinemann advocates for the removal of prison sentences for rape victims seeking abortions, asserting that the suffering of a woman forced to bear a child resembling her assailant is an unnecessary cruelty. Under existing German law, abortions are only permissible to save the life or health of the mother. Critically, Heinemann has also challenged the proposed increase of the adultery sentence from six months to one year, labelling it as absurd and ineffective, with very few cases resulting in actual prison time. The discourse surrounding these legal reforms has persisted for over a decade. Many lawyers argue that the current legal framework, dating back to 1871, fails to accommodate the social realities of contemporary Germany, which contradicts the outdated view of morality it embodies. Approximately 87% of German men and 70% of women are thought to have premarital sex, yet the current laws present a retributive response to such conduct. Heinemann argues that the aim of punishment should be to promote the individual's reintegration into society rather than solely focusing on moral correction. His views reflect a progressive shift towards prioritising community peace over strict moral enforcement. The debate around these issues continues to be a significant topic in contemporary German society.

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