1945 in LGBT Rights

In 1945, there were 9 recorded legal changes made affecting LGBT people. In the previous year, there were 3 changes made and in the following year. A total of 59 legal changes were made in the 1940s.

  • June 5
    Homosexual activity becomes illegal (imprisonment as punishment).
    In 1945, Alabama's Supreme Court decided in the case of Brown v. State that cunnilingus deserved the same penalty as fellatio. In 1973, The Alabama Supreme Court decided in the case of Horn v. State that the sodomy law was constitutional. The Court also decided that circumstantial evidence was enough for proof of penetration.
  • Gender-affirming care becomes legal.
    The cost for gender affirming care in Germany is covered by public health insurance. Condition for hormone therapy is a letter of indication from a psychotherapist, voice therapy a letter of indication from a medical professional, epilation of hair (laser/needle) 6 months of psychotherapy of 12/24 sessions with 50/25 minutes each (10 hours in total), mastectomy 10 hours of psychotherapy, genital surgeries 10 hours of psychotherapy and one year of “daily life test”, breast augmentation 10 hours of psychotherapy, 2 years of hormone therapy, and a breast size of smaller than an A cup, facial and vocal feminization, tracheal shave and rib section are approved in an appraisal process with the medical service if “the appearance is not yet sufficiently adjusted” after one year. Restrictions and prominence post-war through the 1970s are unclear but believed to be legally unrestricted.
  • May 9
    Homosexual activity becomes male illegal, female legal.
    After World War II, the Nazi-era version of Section 175 remained in force in both East and West Germany. Punishments included imprisonment, however, the death penalty was no longer applied.
  • May 5
    Homosexual activity becomes legal.
    Canadian, British, Polish, Dutch, and American troops liberated the Netherlands during WW2 on this day.
  • Homosexual activity becomes legal.
    Canadian, British, Polish, Dutch, and American troops liberated the Netherlands during WW2 on this day.
  • May 1
    Homosexual activity becomes illegal (imprisonment as punishment).
    On May 1st, 1945 the Fijian Penal Code of 1945 went into effect and outlawed homosexual sex. In Article 175 (a) it states that any person who has carnal knowledge (sexual intercourse) of any person against the order of nature is guilty of a felony, and is liable to imprisonment for fourteen years, with or without corporal punishment.
  • April 27
    Homosexual activity becomes illegal (imprisonment as punishment).
    Following the "Anschluss," the attempt to establish consistent criminal legislation and incorporate National Socialist principles into Austrian law was unsuccessful, resulting in the retention of the 1852 Criminal Code. Thus, there was a difference in prosecution of homosexuals between Germany and Austria.
  • January 1
    Homosexual activity becomes legal.
    The 1932 law came into force in Poland again after World War II, but it included homosexual prostitution as a punishable offense. Homosexuality in Poland was fully decriminalized only in 1970.
  • (date unknown)
    Serving openly in military becomes illegal.
    Article 358 of the current Code of Military Justice states: "Any military member who commits dishonest acts with individuals of the same sex will be punished with a prison sentence of six months and one day to six years. Whatever the sentence imposed for this crime, it will always entail dismissal from service."