Herbert Fiß

Herbert Fiß was born in Berlin on September 17, 1901, to Max and Anna Fiß. As an adult, he worked as a medical assistant. On May 14, 1935, Herbert was arrested for his first violation of Paragraph 175, the law criminalizing homosexuality in Nazi Germany.

His arrest followed the capture of his friend, Willi Exner, by the Gestapo. Willi confessed under pressure, revealing details of their friendship. The two regularly dined together at a local restaurant, went out drinking, stayed at each other’s homes overnight, and had a sexual relationship. Herbert’s case file noted that it took “months of investigation” to prove his so-called offenses. To add further indignity, he was ordered to pay court fees.

He was sentenced to eight months in prison. The judge remarked that a more severe sentence was unnecessary since his partner was not under 21, an age threshold imposed by Germany’s homophobic laws, which set the age of consent for gay men at 21, while for heterosexual relationships, it was 14.

The records from the Holocaust Museum ended there, but Herbert’s suffering did not. Further documents I uncovered helped piece together more of his tragic fate. On March 4, 1939, a document listed his personal effects while he was in prison, years after his 8 month sentence should have ended. By July 1940, he was recorded as being held in Neusustrum Concentration Camp 5.

A final document from Sachsenhausen, dated July 14, 1942, reported his death. The official cause was listed as heart failure—a common falsehood used on death certificates to conceal murder. At that time, his mother was still living in Berlin, but his father’s whereabouts were unknown.

As for Willi, I have been unable to find any further records of what happened to him.

Herbert’s police photo was damaged and of poor quality, so I have taken artistic liberties with his portrait, attempting to reflect the person he was based on the limited information available.

May Herbert’s memory live on, and may the world finally learn to stop judging and legislating against people for simply being who they are.  9x12” watercolor and prismacolor pencils.