Thierry Delessert
Straflosigkeit in Grenzen.
Thierry Delessert
Limited impunity.
On the political and legal history of male homosexuality in Switzerland in the first half of the 20th century
English abstract
The Military Justice Bill (MStG) of 1928 and the Criminal Code for civilians (StGB) of 1942 established a common criminal law in Switzerland that also covered the legal assessment of homosexuality. While the Military Justice Bill still criminalized all homosexual acts, the civil code legalized consensual sexual acts between adults of the same sex. Only same–sex activities between an adult and a partner under 20 years of age, the exploitation of the peril or dependencies of others and homosexual prostitution were still prosecuted.
Hence, the limited decriminalization of homosexuality in Switzerland was a notable exception in comparison with the situation in the neighbouring countries. Given the political structure of the Swiss confederation, the debates surrounding the relevant article in the Criminal Code not only mirrored ideological differences but also reflected the different legal traditions in francophone and German–speaking Switzerland. Eventually, this lead to a compromise after decades of dispute.
In this process, the role of psychiatrists was very ambivalent. Although their arguments caused the limited decriminalization of same sex activities and abolished older religious beliefs and prescriptions, notwithstanding, this came with a price: homosexuals were now considered to be (mentally) ill. Psychiatrists did not aim for greater tolerance of homosexuals in society but wanted to transfer the "problem” of homosexuality from the public space of the courthouse into the guarded sphere of the psychiatric ward. Indeed, the legal liberalization arose simultaneously with a greater pressure to render homosexuals "invisible”.
The changing strategies of the homosexual organisations are testament to this pressure to adapt. Although these organisations were grounded in the traditions of the German emancipation movement of the 1920s, members who did not act discreetly and adhered to middle class conceptions of masculinity in appearance as well as behaviour were excluded and rejected. The main imperative was not to attract attention and not to displease the police.