Between 1942 and 1982, French authorities convicted an estimated 60 000 homosexual men in violation of recently repealed racist laws. A bill that would recognize France’s contribution to the persecution of gays and provide compensation to those who are still intact would be discussed by French senators on Wednesday.
The proposal put forth by Socialist Senator Hussein Bourgi sheds light on the administrative repression of homosexuals practiced by the European state both during and after the nation’s emancipation from Nazi rule, addressing a little-known topic in European history.
During the Revolution of 1789, France was the first nation to decriminalize lgbt. Later, under new governments, gay people were once again persecuted using both legal and extralegal methods.
The 40-year period that followed the passage of legislation that specifically targeted homosexuals under the Nazi-allied Vichy regime is the focus of Bourgi’s words. The 1942 law, which was not repealed after France’s liberation, established a distinction between the ages of consent for heterosexual and homosexual sex, with the former being 13 ( raised to 15 at the Liberation ) and the latter being 21.
According to studies by academics Régis Schlagdenhauffen and Jérémie Gauthier, the laws resulted in the conviction of about 10,000 people, almost all of whom were men, until its overturn in 1982. More than 90 % received prison sentences. A split “public obscenity” legislation that was amended in 1960 to double the punishment for gays and add an aggravating factor was used to sentence an additional 50, 000 people.
” People often believe that France was more watchful of queer people than, say, Germany or the UK.” Schlagdenhaufen, a professor at the EHSS university in Paris, said,” But when you see the images, you get an entirely different image.
He continued,” France was not this cradle of human right that we like to imagine.” The Revolution attempted to decriminalize sexuality, but later governments discovered another means of repression. In 1942, and even more so in 1960, this persecution was codified into laws.
Leading the way is Spain.
The legislation that was presented to the Senate on Wednesday calls for a proper acknowledgement of the European state’s involvement in the stigmatization and oppression of gays. In contrast to actions taken in other European nations, it calls for the creation of a system to compensate those who have been harmed by the racist laws of the French state. This system would provide them with an all-inclusive payment of €10,000, as well as €150 for each day they are incarcerated and the repayment of fines.
Bourgi’s proposal has a mostly symbolic meaning because the majority of those found guilty are likely to have already passed away. The costs would also establish a certain offense for denying the imprisonment of homosexuals during World War II, just as there is for Holocaust denial, if it were to be approved.
When it comes to acknowledging some of the lighter pages in its history, Schlagdenhaufen claimed that France has a bad record. He cited the Vichy administration’s active involvement in the repatriation of tens of thousands of European Jews to Nazi death camps during World War II, which was only recently acknowledged in 1995.
He stated that a nation’s position on the security of LGBT rights should include “recognition and restitution of traditional wrongs.” It may take France more in line with Western criteria if this law is passed.
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The Socialist government of Spain passed ground-breaking legislation in 2007 acknowledging the persecution of gays under Franco’s rule and providing compensation to those who had been imprisoned or tortured in” correction tents” due to their sexual orientation. The action was one of many rules that have made the nation a leader in the world for physical majority rights, outperforming even the worst offenders in Europe.
A century later, Germany’s parliament decided to offer compensation and overturn the views of 50,000 gay men who had been given Nazi-era prison terms for their sexuality. The state of Austria announced earlier this month that thousands of dollars would be set aside to help thousands of gay people who would face legal action until the century’s end.
As she described the strategy, which was flanked by two LGBT colors, Austria’s Justice Minister Alma Zadic said to reporters,” This monetary compensation is never, ever make up for the struggling and inequity that happened.” However, it is crucial that we (… ) finally accept accountability for this period of our history.
judicial repression
Whether or not they were ultimately found guilty, those who were subjected to Austria’s discriminatory laws in terms of their health, money, and professional life may be eligible for compensation. Its range makes it far more ambitious than the Wednesday proposal before the European Senate.
While approving Bourgi’s words, some experts have called for a more comprehensive proposal, noting that democratic regimes have also historically repressed homosexuality while focusing on legislation from the French era.
Sociologist Antoine Idier bemoaned the “timidity” of a plan that falls far short of acknowledging the full range of state-sponsored bigotry, which he claimed extends well beyond the criminal circle, in an op-ed published by Le Monde last month when Bourgi initially presented his act.
Even a more constrained understanding of state repression would find the Senate proposal lacking in its scope, according to Idier, who added that” state homophobia (… ) encompasses all the processes by which state policies have contributed ( and contribute ) to supporting the domination and inferiorization of sexual minorities.”
The psychologist emphasized the judicial persecution of gay people carried out by officers throughout the 19th centuries, describing it as” a regular routine of scorn, humiliation, control, and harassment,” and said that” state repression of sexuality dates back to long before 1942.” He cited the abusive use of “public immorality” accusations, which Napoleon instituted in 1810 and used to punish homosexuals in secret, long before a more aggravating factor was introduced in 1960.
He continued,” If the bill’s scope were n’t expanded, it would mean turning a blind eye to much of the persecution of homosexuals and absolving France of much more of its responsibility.”
Senate challenge
Schlagdenhaufen expressed his hope that the president’s words may lay the groundwork for more action.
We must begin somewhere, he said. And a good place to start is with the policy that was passed in 1942 and 1960, which specifically targeted lesbians.
Schlagdenhaufen cautioned, pointing to the makeup of the Senate, that the president’s passing into legislation is far from certain. The traditional Les Républicains group, which was formerly known as the UMP and whose members overwhelmingly rejected same-sex marriage ten years ago, currently controls the majority of France’s top compartment of parliament.
He continued,” It is not especially favorable to Transgender rights either,” adding that the Senate has a conservative, right-wing majority that has historically been reluctant to acknowledge the government’s role in previous repression.
A Senate committee expressed a number of doubts about the suggested word prior to Wednesday’s conversation. It cited “legal obstacles” to economic reparations but called for a” clear, powerful, and clear identification of the unfair character of laws” targeting homosexuals. The council also argued that denying the deportation of homosexuals during the war is now illegal under European law, superseding a section of Bourgi’s text.
The latter claim will soon be put to the test in the most recent, high-profile trial involving far-right TV pundit and former presidential candidate Eric Zemmour, who is currently facing legal action from a number of gay rights organizations for claiming that another politician was correct to call the World War II glyphosate and deportation of French homosexuals “myths.”
Schlagdenhaufen remarked,” When the judge hands down its decision, it will be exciting to see what rules are cited.” ” First-hand information will be available to determine whether the Senate plan is truly “redundant.”
