And the Witnesses Were Silent: The Confessing Church and the Persecution of the Jews

9. The Nuremberg Laws

89 The foundation had been laid for the next phase of the persecution of the Jews.∞ Hitler’s political success at home and abroad allowed him to pursue his policy toward the Jews without any fear of repercussions. He had numerous followers who had waited a long time to win their spurs by resolving the ‘‘Jewish question.’’ Nazi propaganda, including a special Der Stürmer issue on ritual murder, helped pave the way.≤ On 15 September 1935, at the Reich Party Convention of Freedom, the so-called Nuremberg Laws—‘‘the most devilish body of laws known to the history of Europe’’—were announced.≥ Ω The Nuremberg Laws The purpose of the Nuremberg Laws was twofold. The Reich Citizens Law isolated the Jews politically; the Law for the Protection of German Blood and German Honor isolated them socially. The Reich Citizens Law distinguished between ‘‘citizens of the Reich . . . of German or kindred blood’’ and mere German nationals—that is, citizens of mixed nationality without equal rights. The Law for the Protection of German Blood and German Honor prohibited marriage between Jews and Aryans under the threat of imprisonment. In cases of extramarital intercourse between Jews and nationals of German or kindred blood, the man involved was subject to a prison sentence or forced labor. Jews were prohibited from employing female Aryans under the age of forty-five years in households and from displaying the Reich and national flags. Violations were to be punished by a prison sentence or fine. The first amendment to the Reich Citizens Law, dated 14 November 1935, distinguished more specifically between Reich citizens and state citizens. Paragraph 4 stated: ‘‘A Jew cannot be a citizen of the Reich. He has no right to vote in political affairs; he cannot hold public office.’’∞ All non-Aryan civil servants had to retire (this invalidated the previous exemption for front-line soldiers). Veterans of the front were ensured a pension of ‘‘the full amount of the most recently drawn salary and fringe benefits . . . until they reach retirement age,’’ although those who had not served for at least ten years were excluded. The Isolation of the Jews 90 It was now necessary to define legally who was a Jew (the term ‘‘Jew’’ had not appeared in the 15 September Reich Citizens Law).≤ The term ‘‘Jew’’ was used legally for the first time (the term previously used was ‘‘non-Aryan’’). ‘‘The notion of German or kindred blood . . . should replace the previous notion of Aryan extraction,’’ since ‘‘Aryan’’ was insufficient ‘‘to indicate what ought to be indicated.’’≥ In the 14 November amendment, for the first time, those previously denoted ‘‘non-Aryans’’ were divided into ‘‘Jews’’ and ‘‘half-breeds.’’ NonAryans with two Jewish grandparents were ‘‘first-degree half-breeds,’’ or half-Aryans. Non-Aryans with one Jewish grandparent were ‘‘seconddegree half-breeds,’’ or three-quarter Aryans. Non-Aryans with three or four Jewish grandparents were considered Jews, as were ‘‘first-degree half-breeds’’ married to Jews or members of the Jewish religion as of 15 September 1935. In contrast to half-breeds, full Jewish ancestral identity was determined primarily on a religious basis: ‘‘A grandparent is considered unquestionably a full Jew if he has belonged to the Jewish religious community.’’∂ The 14 November First Decree to the Law for the Protection of German Blood and German Honor observed this definition of Jews and half-breeds. The 14 November law also regulated marriages between Jews and half-breeds. Marriages between ‘‘second-degree half-breeds’’ and Jews were forbidden (section 2).∑ Marriages between those ‘‘of German blood’’ and first- or second-degree half-breeds required the permission of the Reich interior minister and the deputy of the Führer (section 3.1)— which was seldom granted.∏ Marriages between ‘‘second-degree halfbreeds ’’ ‘‘should not be contracted’’ (section 4). Marriages between Jews and ‘‘first-degree half-breeds’’ were permitted, although the half-Aryan spouse was considered a Jew through the marriage, and any offspring were considered Jewish as well. Finally, to protect ‘‘German blood and honor,’’ this decree regulated the employment of temporary workers of German blood in Jewish households; only those who had completed ‘‘the thirty-fifth year of age by 31 December 1935’’ were allowed to remain in previously existing employer-employee relationships (section 12.3).π Thirteen statutes of implementation for the Nuremberg Laws were eventually passed. These included a ban on the ‘‘disguising of Jewish names.’’∫ After 1 January 1939, Jews had to take ‘‘an additional given [3.135.213...