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{{about|LGBT rights in the People's Republic of China (PRC)|LGBT rights in the Republic of China (ROC)|LGBT rights in Taiwan}}
{{about|LGBT rights in the People's Republic of China (PRC)|LGBT rights in the Taiwan Area|LGBT rights in Taiwan}}
{{Citation style|date=March 2023}}
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| image = File:CHN orthographic.svg
| image = File:CHN orthographic.svg
| caption = Territory controlled by the [[People's Republic of China]] shown in dark green; territory claimed but not controlled shown in light green
| caption = Territory controlled by the [[People's Republic of China]] shown in dark green; territory claimed but not controlled shown in light green
| legal_status = Legal since 1997. Since then, the offense of “hooliganism” has been removed from Chinese penal codes.
| legal_status = Legal since 1997
<ref name="ILGA" />
<ref name="ILGA" />
| gender_identity_expression = Transgender people allowed to change legal gender after [[sex reassignment surgery]].
| gender_identity_expression = Legal with Surgery
| recognition_of_relationships = [[Recognition of same-sex unions in China|Limited cohabitation rights]]
| recognition_of_relationships = [[Recognition of same-sex unions in China|Legal Guardianship System since 2017]]
| adoption = No
| adoption = Illegal
| military = Not prohibited by law
| military = Unknown
}}
}}


Lesbian, gay, bisexual, and transgender (LGBT) people in the People's Republic of [[China]] (PRC) face legal and social challenges that are not experienced by non-LGBT residents. While both male and female same-sex sexual activity are legal, same-sex couples are currently unable to marry or adopt, and households headed by such couples are ineligible for the same legal protections available to heterosexual couples. No explicit anti-discrimination protections for LGBT people are present in its legal system, nor do [[hate crime]] laws cover sexual orientation or gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in the People's Republic of [[China]] (PRC) face legal and social challenges that are not experienced by non-LGBT residents. While both male and female same-sex sexual activity are legal, same-sex couples are currently unable to marry or adopt, and households headed by such couples are ineligible for the same legal protections available to heterosexual couples. No explicit anti-discrimination protections for LGBT people are present in its legal system, nor do [[hate crime]] laws cover sexual orientation or gender identity.


Homosexuality and [[homoeroticism]] in China have been documented since ancient times. Historical discrimination towards homosexuality in much of the region include the ban on homosexual acts enforced by [[Genghis Khan]] in the [[Mongol Empire]], which made male homosexuality punishable by death.<ref>{{cite book | last=Onon | first=Urgunge | title=The secret history of the Mongols : the life and times of Chinggis Khan | publisher=Curzon | publication-place=Richmond, Surrey | date=2001 | isbn=0-7007-1335-2 | oclc=50664183 | quote = And anyone found indulging in homosexual practices should be executed}}</ref><ref>{{Cite web|title=Genghis Khan's constitutional ban on homosexuality revealed|date=29 August 2007|url=https://www.pinknews.co.uk/2007/08/29/genghis-khans-constitutional-ban-on-homosexuality-revealed/|access-date=21 August 2024|archive-date=11 September 2018|archive-url=https://web.archive.org/web/20180911225610/https://www.pinknews.co.uk/2007/08/29/genghis-khans-constitutional-ban-on-homosexuality-revealed/|url-status=live}}</ref>
Homosexuality and [[homoeroticism]] in China have been documented since ancient times. According to certain studies by [[Fo Guang University]], which is based in Taiwan, and [[peer reviewed]] in a journal published by the [[University of London]], [[homosexuality]] was regarded as a normal facet of life in China, prior to Western influence from 1840 onwards.<ref name="Cut Sleeve 1992 p. 170">Passions of the Cut Sleeve: The Male Homosexual Tradition in China by Bret Hinsch; Review by: Frank Dikötter. Bulletin of the School of Oriental and African Studies, University of London, Vol. 55, No. 1(1992), Cambridge University Press, p. 170</ref><ref name="hinsch">Hinsch, Bret. (1990). ''Passions of the Cut Sleeve''. University of California Press. p. 56</ref> Several early Chinese emperors are speculated to have had homosexual relationships accompanied by heterosexual ones.<ref>Hinsch, Bret. (1990). ''Passions of the Cut Sleeve''. University of California Press. pp. 35–36.</ref> Opposition to homosexuality, according to these same studies, did not become firmly established in China until the 19th and 20th centuries, through the [[Westernization]] efforts of the late [[Qing dynasty]] and the early [[Republic of China (1912-1949)|Chinese Republic]].<ref name="kang">Kang, Wenqing. ''Obsession: male same-sex relations in China, 1900-1950'', Hong Kong University Press. Page 3</ref>


However, others debate that since as early as the 17th century, the [[Manchu people|Manchu]]–ruled [[Qing dynasty|Qing]] courts began to refer to the term ji jian (雞姦, sodomy) to apply to homosexual anal intercourse. In 1740, an anti-homosexual decree was promulgated, defining voluntarily homosexual intercourse between adults as illegal. Though there were no records on the effectiveness of this decree, it was the first time homosexuality had been subject to legal proscription in China. The punishment allegedly included a month in prison and 80 heavy blows with heavy bamboo.<ref name="history2">{{cite web |title=History of Homosexuality |url=http://www.china.org.cn/english/2002/Oct/44940.htm |archive-url=https://web.archive.org/web/20031119114502/http://www.china.org.cn/english/2002/Oct/44940.htm |archive-date=November 19, 2003 |access-date=26 November 2016 |website=china.org.cn |publisher=Shanghai Star}}</ref> Homosexuality was largely invisible during [[Maoist China]] (1949–1976).<ref name="mao">{{cite book |last1=Jeffreys |first1=Elaine |last2=Yu |first2=Haiqing |title=Sex in China |date=2015 |publisher=Polity |isbn=978-0-7456-5613-7}}</ref> In the 1980s, the subject of homosexuality reemerged in the public domain and gay identities and communities have expanded in the public eye since then. However, the studies note that public discourse in China appears uninterested and, at best, ambivalent about homosexuality, and traditional sentiments on family obligations and discrimination remains a significant factor deterring same-sex attracted people from [[coming out]].<ref name="mao"/>
As early as the 17th century, the [[Manchu people|Manchu]]–ruled [[Qing dynasty|Qing]] courts began to use the term ''jījiān'' ([[wikt:雞姦|雞姦]]) for homosexual anal intercourse. In 1740, an anti-homosexual decree was promulgated, defining voluntarily homosexual intercourse between adults as illegal. The punishment allegedly included a month in prison and 80 heavy blows with heavy bamboo.<ref name="history2">{{cite web |title=History of Homosexuality |url=http://www.china.org.cn/english/2002/Oct/44940.htm |archive-url=https://web.archive.org/web/20031119114502/http://www.china.org.cn/english/2002/Oct/44940.htm |archive-date=November 19, 2003 |access-date=26 November 2016 |website=china.org.cn |publisher=Shanghai Star}}</ref> Homosexuality was Legal during [[Maoist China]] (1949–1976).<ref name="mao">{{cite book |last1=Jeffreys |first1=Elaine |last2=Yu |first2=Haiqing |title=Sex in China |date=2015 |publisher=Polity |isbn=978-0-7456-5613-7}}</ref> In the 1980s, the subject of homosexuality reemerged in the public domain and gay identities and communities have expanded in the public eye since then. However, the studies note that public discourse in China appears uninterested and, at best, ambivalent about homosexuality, and traditional sentiments on family obligations and discrimination remains a significant factor deterring same-sex attracted people from [[coming out]].<ref name="mao"/>


Since the late 2010s, authorities have avoided showing [[homosexual relationships]] on public television, as well as showing [[Effeminacy|effeminate men]] in general.<ref>{{Cite news |last=Ellis-Petersen |first=Hannah |date=2016-03-04 |title=China bans depictions of gay people on television |url=https://www.theguardian.com/tv-and-radio/2016/mar/04/china-bans-gay-people-television-clampdown-xi-jinping-censorship |access-date=2024-06-28 |work=[[The Guardian]] |language=en-GB |issn=0261-3077 |archive-date=2020-03-09 |archive-url=https://web.archive.org/web/20200309082251/https://www.theguardian.com/tv-and-radio/2016/mar/04/china-bans-gay-people-television-clampdown-xi-jinping-censorship |url-status=live }}</ref> Under the [[China under Xi Jinping|Xi Jinping administration]], LGBT venues and events have been forced to shut and LGBT rights activists have become subject to greater scrutiny by the country's system of [[Mass surveillance in China|mass surveillance]].<ref name=":19">{{Cite news |date=2024-06-27 |title=Roxie, one of China's few lesbian bars, closes its doors |url=https://www.economist.com/china/2024/06/27/roxie-one-of-chinas-few-lesbian-bars-closes-its-doors |url-access=subscription |access-date=2024-06-28 |newspaper=[[The Economist]] |issn=0013-0613 |quote=Earlier this month the bar announced that it would close. It blamed "forces beyond our control", a euphemism for official pressure. |archive-date=2024-06-27 |archive-url=https://web.archive.org/web/20240627141931/https://www.economist.com/china/2024/06/27/roxie-one-of-chinas-few-lesbian-bars-closes-its-doors |url-status=live }}</ref><ref name=":22">{{Cite news |last=Wang |first=Vivian |date=2024-05-25 |title=Xi Jinping's Recipe for Total Control: An Army of Eyes and Ears |url=https://www.nytimes.com/2024/05/25/world/asia/china-surveillance-xi.html |url-status=live |archive-url=https://web.archive.org/web/20240525040235/https://www.nytimes.com/2024/05/25/world/asia/china-surveillance-xi.html |archive-date=2024-05-25 |access-date=2024-05-30 |work=[[The New York Times]] |language=en-US |issn=0362-4331}}</ref>
Today, the government's approach to LGBT rights has been described as "ambivalent", "fickle", and as being "no approval; no disapproval; no promotion".<ref>[https://www.economist.com/the-economist-explains/2017/06/05/chinese-attitudes-towards-gay-rights Chinese attitudes towards gay rights] ''The Economist''</ref><ref name="diplomat">[https://thediplomat.com/2018/06/chinas-complicated-lgbt-movement/ China's Complicated LGBT Movement], ''The Diplomat'', 1 June 2018</ref> There is much resistance from [[conservative]] elements of the government, as various LGBT events have been banned in recent years.<ref name="diplomat"/> Since the late 2010s, authorities have avoided showing [[homosexual relationships]] on public television, as well as showing [[Effeminacy|effeminate men]] in general.<ref>{{Cite web|date=2016-03-04|title=China bans depictions of gay people on television|url=http://www.theguardian.com/tv-and-radio/2016/mar/04/china-bans-gay-people-television-clampdown-xi-jinping-censorship|access-date=2021-11-15|website=the Guardian|language=en}}</ref><ref>{{Cite web|date=2021-09-03|title=China prohíbe los "hombres afeminados" en la televisión|url=https://www.lavanguardia.com/television/20210903/7697632/china-prohibe-hombres-afeminados-television-reality.html|access-date=2021-11-15|website=La Vanguardia|language=es}}</ref>


==History and timeline==
==History and timeline==
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===Ancient China===
===Ancient China===
Buddhism and Taoism are not known to have been homophobic.<ref>{{Cite web |last=Low |first=Stuart |date=2001-11-08 |title=Hard facts for heterosexuals |url=https://www.malaysiakini.com/news/9701 |access-date=2024-02-29 |website=Malaysiakini}}</ref>{{weight|date=March 2024}} Indic philosophy preferred celibacy to procreation, as opposed to both western and Sinic philosophy which championed procreation and marriage.<ref>{{Cite web |url=https://academic.oup.com/book/522/chapter-abstract/135275904?redirectedFrom=fulltext |access-date=2024-02-29 |website=academic.oup.com}}</ref><ref>{{Cite web |url=https://academic.oup.com/book/2116/chapter-abstract/142059049?redirectedFrom=fulltext |access-date=2024-02-29 |website=academic.oup.com}}</ref> Confucianism on the other hand explicitly prohibited homosexual marriage. <ref>{{Cite web |title=Sexuality and gender |url=https://academic.oup.com/book/28469/chapter/229097470 |access-date=2024-01-24 |website=academic.oup.com}}</ref><ref>{{Cite journal |last=Fian |first=Andi |date=2 December 2022 |title=BUDDHISM AND CONFUCIANISM ON HOMOSEXUALITY: THE ACCEPTANCE AND REJECTION BASED ON THE ARGUMENTS OF RELIGIOUS TEXTS |url=https://philarchive.org/archive/ALFBAC |journal=Journal of Religious Studies |language=English |publisher=Center for Religious and Cross-cultural Studies (CRCS) |publication-place=Sekolah Pascasarjana, Universitas Gadjah Mada |volume=3 |issue=2 |pages=73–82 |via=Phil}}</ref>
Buddhism and Taoism are not known to have been homophobic.<ref>{{Cite web |last=Low |first=Stuart |date=2001-11-08 |title=Hard facts for heterosexuals |url=https://www.malaysiakini.com/news/9701 |access-date=2024-02-29 |website=Malaysiakini |archive-date=2024-02-29 |archive-url=https://web.archive.org/web/20240229093948/https://www.malaysiakini.com/news/9701 |url-status=live }}</ref>{{undue weight inline|date=March 2024}} Indic philosophy preferred celibacy to procreation, as opposed to both western and Sinic philosophy which championed procreation and marriage.<ref>{{Cite book |url=https://academic.oup.com/book/522/chapter-abstract/135275904?redirectedFrom=fulltext |chapter=Sexuality |title=Buddhist Ethics: a very short introduction |last=Keown |first=Damien |date=June 2005 |access-date=April 14, 2024 |archive-url=https://web.archive.org/web/20240206233515/https://academic.oup.com/book/522/chapter-abstract/135275904?redirectedFrom=fulltext |archive-date=February 6, 2024}}</ref><ref>{{Cite journal |url=https://academic.oup.com/book/2116/chapter-abstract/142059049?redirectedFrom=fulltext |title=Celibacy in Indian and Tibetan Buddhism |date=November 2007 |journal=Celibacy and Religious Traditions |pages=201–224 |access-date=April 17, 2024 |archive-url=https://web.archive.org/web/20230621002411/https://academic.oup.com/book/2116/chapter-abstract/142059049?redirectedFrom=fulltext |archive-date=June 21, 2023}}</ref> Confucianism on the other hand explicitly prohibited homosexual marriage.<ref>{{Cite web |title=Sexuality and gender |url=https://academic.oup.com/book/28469/chapter/229097470 |access-date=2024-01-24 |website=academic.oup.com |archive-date=2022-10-19 |archive-url=https://web.archive.org/web/20221019071537/https://academic.oup.com/book/28469/chapter/229097470 |url-status=live }}</ref><ref>{{Cite journal |last=Fian |first=Andi |date=2 December 2022 |title=BUDDHISM AND CONFUCIANISM ON HOMOSEXUALITY: THE ACCEPTANCE AND REJECTION BASED ON THE ARGUMENTS OF RELIGIOUS TEXTS |url=https://philarchive.org/archive/ALFBAC |journal=Journal of Religious Studies |language=English |publisher=Center for Religious and Cross-cultural Studies (CRCS) |publication-place=Sekolah Pascasarjana, Universitas Gadjah Mada |volume=3 |issue=2 |pages=73–82 |via=Phil}}</ref>


====Shang dynasty====
====Shang dynasty====
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====Han dynasty====
====Han dynasty====
[[File:Love play in China.jpg|thumb|right|Two young Chinese men drinking tea, reading poems, and having sex. The receptive partner would typically be lighter in skin colour to reflect his "femininity".]]
[[File:Love play in China.jpg|thumb|right|Two young Chinese men drinking tea, reading poems, and having sex. The receptive partner would typically be lighter in skin colour to reflect his "femininity".]]
Homosexuality and homoeroticism were common and accepted during the [[Han dynasty]] (202 BCE - 220 CE). [[Emperor Ai of Han]] is one of the most famous Chinese emperors to have engaged in same-sex sexual activity. Historians characterize the relationship between Emperor Ai and his male lover [[Dong Xian]] as "the passion of the cut sleeve" ([[wikt:斷袖|斷袖]]之癖, ''duànxiù zhī pì'') after a story that one afternoon after falling asleep for a nap on the same bed, Emperor Ai cut off Dong Xian's sleeve (in a piece of clothing they were sharing) rather than disturb him when he had to get out of bed. Dong was noted for his relative simplicity contrasted with the highly ornamented court, and was given progressively higher and higher posts as part of the relationship, eventually becoming the supreme commander of the armed forces by the time of Emperor Ai's death.<ref name="Hinsch-p46">Hinsch, Bret. (1990). ''Passions of the Cut Sleeve''. University of California Press. p.46</ref>
Homosexuality and homoeroticism were common and accepted during the [[Han dynasty]] (202 BCE - 220 CE). [[Emperor Ai of Han]] is one of the most famous Chinese emperors to have engaged in same-sex sexual activity. Historians characterize the relationship between Emperor Ai and his male lover [[Dong Xian]] as "the passion of the cut sleeve" ([[wikt:斷袖|斷袖]]之癖, ''duànxiù zhī pì'') after a story that one afternoon after falling asleep for a nap on the same bed, Emperor Ai cut off Dong Xian's sleeve (in a piece of clothing they were sharing) rather than disturb him when he had to get out of bed. Dong was noted for his relative simplicity contrasted with the highly ornamented court, and was given progressively higher and higher posts as part of the relationship, eventually becoming the supreme commander of the armed forces by the time of Emperor Ai's death.<ref name="Hinsch-p46">Hinsch, Bret. (1990). ''[https://www.ucpress.edu/book/9780520078697/passions-of-the-cut-sleeve Passions of the Cut Sleeve]''. University of California Press. p.46</ref>


It was also during this period that one of the first mentions of female homosexuality surfaced. A historian in the Eastern Han dynasty, Ying Shao, made observations regarding several Imperial Palace women forming homosexual attachments with one another, in a relationship titled ''duishi'' ({{lang|zh-Hant|[[wikt:對食|對食]]|italic=no}}, a term interpreted to refer to reciprocal [[cunnilingus]]), in which the two acted as a married couple.<ref name="history"/>
It was also during this period that one of the first mentions of female homosexuality surfaced. A historian in the Eastern Han dynasty, Ying Shao, made observations regarding several Imperial Palace women forming homosexual attachments with one another, in a relationship titled ''duishi'' ({{lang|zh-Hant|[[wikt:對食|對食]]|italic=no}}, a term interpreted to refer to reciprocal [[cunnilingus]]), in which the two acted as a married couple.<ref name="history"/>


====Liu Song dynasty====
====Liu Song dynasty====
Writings from the [[Liu Song dynasty]] era (420–479 CE) claim that homosexuality was as common as heterosexuality. It is said that men engaged so often in homosexual activity, that unmarried women became jealous.<ref name="hinsch"/>
Writings from the [[Liu Song dynasty]] era (420–479 CE) claim that homosexuality was as common as heterosexuality. It is said that men engaged so often in homosexual activity, that unmarried women became jealous.<ref name="hinsch">Hinsch, Bret. (1990). ''[https://www.ucpress.edu/book/9780520078697/passions-of-the-cut-sleeve Passions of the Cut Sleeve]''. University of California Press. p. 56</ref>


====Tang dynasty====
====Tang dynasty====
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Chinese homosexuals did not experience persecution which would compare to that experienced by homosexuals in Christian [[Europe]] during the [[Middle Ages]], and in some areas, particularly among the merchant classes, same-sex love was particularly appreciated. There was a stereotype in the late Ming dynasty that the province of [[Fujian]] was the only place where homosexuality was prominent,<ref name="brook 232">Brook, 232.</ref> but Xie Zhaozhe (1567–1624) wrote that "from [[Jiangnan]] and [[Zhejiang]] to [[Beijing]] and [[Shanxi]], there is none that does not know of this fondness."<ref name="brook 232" /> European [[Society of Jesus|Jesuit]] missionaries such as [[Matteo Ricci]] took note of what they deemed "unnatural perversions", distressed over its often open and public nature.<ref name="brook 231">Brook, 231.</ref> Historian [[Timothy Brook (historian)|Timothy Brook]] writes that abhorrence of sexual norms went both ways, since "the [[celibacy|celibate]] Jesuits were rich food for sexual speculation among the Chinese."<ref name="brook 232" /> Chinese writers typically made fun of these men, insisting that the only reason they condemned homosexuality was because they were forced to refrain from sexual pleasure as they were celibate.<ref name="history"/><ref>Li, Yinhe. (1992). Their World: a Study of Homosexuality in China. Shanxi People's Press.</ref>
Chinese homosexuals did not experience persecution which would compare to that experienced by homosexuals in Christian [[Europe]] during the [[Middle Ages]], and in some areas, particularly among the merchant classes, same-sex love was particularly appreciated. There was a stereotype in the late Ming dynasty that the province of [[Fujian]] was the only place where homosexuality was prominent,<ref name="brook 232">Brook, 232.</ref> but Xie Zhaozhe (1567–1624) wrote that "from [[Jiangnan]] and [[Zhejiang]] to [[Beijing]] and [[Shanxi]], there is none that does not know of this fondness."<ref name="brook 232" /> European [[Society of Jesus|Jesuit]] missionaries such as [[Matteo Ricci]] took note of what they deemed "unnatural perversions", distressed over its often open and public nature.<ref name="brook 231">Brook, 231.</ref> Historian [[Timothy Brook (historian)|Timothy Brook]] writes that abhorrence of sexual norms went both ways, since "the [[celibacy|celibate]] Jesuits were rich food for sexual speculation among the Chinese."<ref name="brook 232" /> Chinese writers typically made fun of these men, insisting that the only reason they condemned homosexuality was because they were forced to refrain from sexual pleasure as they were celibate.<ref name="history"/><ref>Li, Yinhe. (1992). Their World: a Study of Homosexuality in China. Shanxi People's Press.</ref>


The first statute specifically prohibiting same-sex sexual intercourse was enacted in the [[Jiajing]] era (嘉靖, 1522–1567) of [[Jiajing Emperor|Emperor Zhu Houcong]] (朱厚熜) in 1546.<ref name="Sex, Law, and Society in Late Imperial China">{{cite book | last = Sommer| first = Matthew| title = Sex, Law, and Society in Late Imperial China| publisher = Stanford University Press| year = 2000| page = 413| url = https://books.google.com/books?id=E6ClbegXuWUC&pg=PA119| isbn = 0-8047-3695-2| access-date = 2019-06-17}}</ref> Despite this, homosexuality was still commonly accepted and practiced, providing that the men produced heirs and married women later on. Homosexuality was even viewed as "luxurious" by middle classes.<ref name="history" /> Same-sex marriage ceremonies were commonplace. {{Citation needed|date=July 2023}}
The first statute specifically prohibiting same-sex sexual intercourse was enacted in the [[Jiajing]] era (嘉靖, 1522–1567) of [[Jiajing Emperor|Emperor Zhu Houcong]] (朱厚熜) in 1546.<ref name="Sex, Law, and Society in Late Imperial China">{{cite book| last = Sommer| first = Matthew| title = Sex, Law, and Society in Late Imperial China| publisher = Stanford University Press| year = 2000| page = 413| url = https://books.google.com/books?id=E6ClbegXuWUC&pg=PA119| isbn = 0-8047-3695-2| access-date = 2019-06-17| archive-date = 2024-06-28| archive-url = https://web.archive.org/web/20240628151930/https://books.google.com/books?id=E6ClbegXuWUC&pg=PA119#v=onepage&q&f=false| url-status = live}}</ref> Despite this, homosexuality was still commonly accepted and practiced, providing that the men produced heirs and married women later on. Homosexuality was even viewed as "luxurious" by middle classes.<ref name="history" />


====Qing dynasty====
====Qing dynasty====
[[File:Painting -2ab.jpg|thumb|right|Anal sex between two males being viewed. Qing-Dynasty]]
[[File:Painting - 18th Century.jpg|thumb|right|Anal sex between two males being viewed. Painting. Qing-Dynasty. 18th Century]]
By 1655, [[Qing dynasty|Qing]] courts began to refer to the term ''ji jian'' ({{lang|zh-Hant|[[wikt:雞姦|雞姦]]|italic=no}}, sodomy) to apply to homosexual anal intercourse. Society began to emphasise strict obedience to the social order, which referred to a relationship between husband and wife. In 1740, an anti-homosexual decree was promulgated, defining voluntarily homosexual intercourse between adults as illegal. Though there were no records on the effectiveness of this decree, it was the first time homosexuality had been subject to legal proscription in China. The punishment, which included a month in prison and 100 heavy blows with heavy bamboo, was actually the lightest punishment which existed in the Qing legal system.<ref name="history">{{cite web|title=History of Homosexuality|url=http://www.china.org.cn/english/2002/Oct/44940.htm|website=china.org.cn|publisher=Shanghai Star|access-date=26 November 2016|archive-url=https://web.archive.org/web/20031119114502/http://www.china.org.cn/english/2002/Oct/44940.htm|archive-date=November 19, 2003}}</ref>
By 1655, [[Qing dynasty|Qing]] courts began to use the term ''jījiān'' ({{lang|zh-Hant|[[wikt:雞姦|雞姦]]|italic=no}}) for homosexual anal intercourse. Society began to emphasise strict obedience to the social order, which referred to a relationship between husband and wife. In 1740, an anti-homosexual decree was promulgated, defining voluntarily homosexual intercourse between adults as illegal. Though there were no records on the effectiveness of this decree, it was the first time homosexuality had been subject to legal proscription in China. The punishment, which included a month in prison and 100 heavy blows with heavy bamboo, was actually the lightest punishment which existed in the Qing legal system.<ref name="history">{{cite web|title=History of Homosexuality|url=http://www.china.org.cn/english/2002/Oct/44940.htm|website=china.org.cn|publisher=Shanghai Star|access-date=26 November 2016|archive-url=https://web.archive.org/web/20031119114502/http://www.china.org.cn/english/2002/Oct/44940.htm|archive-date=November 19, 2003}}</ref>


===Modern China===
===Modern China===
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In 1912, the [[Xinhai Revolution]] toppled the Qing dynasty and its explicit prohibition of ''ji jian'' was abolished by the succeeding states.<ref name=ILGA>{{cite web |title=State-Sponsored Discrimination, 11th edition |url=https://ilga.org/sites/default/files/02_ILGA_State_Sponsored_Discrimination_2016_ENG_WEB_150516.pdf |website=[[International Lesbian, Gay, Bisexual, Trans and Intersex Association]] |date=2014 }}{{Dead link|date=May 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
In 1912, the [[Xinhai Revolution]] toppled the Qing dynasty and its explicit prohibition of ''ji jian'' was abolished by the succeeding states.<ref name=ILGA>{{cite web |title=State-Sponsored Discrimination, 11th edition |url=https://ilga.org/sites/default/files/02_ILGA_State_Sponsored_Discrimination_2016_ENG_WEB_150516.pdf |website=[[International Lesbian, Gay, Bisexual, Trans and Intersex Association]] |date=2014 }}{{Dead link|date=May 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>


Heteronormativity and intolerance of gays and lesbians became more mainstream through the Westernization efforts of the early [[Republic of China (1912-1949)|Republic of China]].<ref name="kang"/>
Heteronormativity and intolerance of gays and lesbians became more mainstream through the Westernization efforts of the early [[Republic of China (1912-1949)|Republic of China]].<ref name="kang">Kang, Wenqing. ''Obsession: male same-sex relations in China, 1900-1950'', Hong Kong University Press. Page 3</ref>


====People's Republic of China====
====People's Republic of China====
Homosexuality was largely invisible during the [[Mao era]].<ref name="mao"/> During the Communist [[Cultural Revolution]] (1966 to 1976), homosexuals were regarded as "disgraceful" and "undesirable", and heavily persecuted.<ref>{{cite web|url=https://www.justice.gov/sites/default/files/eoir/legacy/2013/06/13/CHN01001.pdf|title=China: Information on Treatment of Homosexuals|work=www.justice.gov|date=14 June 2002}}</ref><ref>{{cite web|url=https://theculturetrip.com/asia/china/articles/a-history-of-homosexuality-in-china/|title=A History Of Homosexuality In China|work=www.theculturetrip.com|date=12 July 2019}}</ref>
Homosexuality was largely invisible during the [[Mao era]].<ref name="mao"/> During the [[Cultural Revolution]] (1966 to 1976), homosexuals were regarded as "disgraceful" and "undesirable", and heavily persecuted.<ref>{{cite web|url=https://www.justice.gov/sites/default/files/eoir/legacy/2013/06/13/CHN01001.pdf|title=China: Information on Treatment of Homosexuals|work=www.justice.gov|date=14 June 2002|access-date=9 September 2019|archive-date=7 September 2020|archive-url=https://web.archive.org/web/20200907233229/https://www.justice.gov/sites/default/files/eoir/legacy/2013/06/13/CHN01001.pdf|url-status=live}}</ref><ref>{{cite web|url=https://theculturetrip.com/asia/china/articles/a-history-of-homosexuality-in-china/|title=A History Of Homosexuality In China|work=www.theculturetrip.com|date=12 July 2019|access-date=9 September 2019|archive-date=7 September 2020|archive-url=https://web.archive.org/web/20200907233233/https://theculturetrip.com/asia/china/articles/a-history-of-homosexuality-in-china/|url-status=live}}</ref>


All mentions to homosexuality in criminal law were removed in 1997. The [[Chinese Society of Psychiatry]] declassified homosexuality as a mental disorder in 2001 but still claims that a person could be conflicted or suffering from mental problems due to their sexuality.<ref>{{Cite journal|last=Talha|first=Burki|date=2017-04-01|title=Health and rights challenges for China's LGBT community|journal=World Report|volume=389|page=1286}}</ref> However, such change is yet to be reflected by the regulations of [[National Health and Family Planning Commission]],<ref name="Human Rights Watch">{{cite web |url=https://www.hrw.org/report/2017/11/15/have-you-considered-your-parents-happiness/conversion-therapy-against-lgbt-people |title="Have You Considered Your Parents' Happiness?" Conversion Therapy Against LGBT People in China |website=Human Rights Watch |date=15 November 2017}}</ref> a government branch that controls all regulations of health care services in China, which has resulted in psychiatric facilities and psychiatry education textbooks across the country still ''de facto'' considering homosexuality as a mental disorder and continuing to offer [[conversion therapy]] treatments.<ref name="ILGA" /><ref name="usask.ca">{{cite web|url=https://www.usask.ca/education/profiles/cochrane/policy-panel-remarks.pdf|title=Policy issues concerning sexual orientation in China, Canada, and the United States|access-date=29 April 2017|archive-url=https://web.archive.org/web/20160108115141/http://www.usask.ca/education/profiles/cochrane/policy-panel-remarks.pdf|archive-date=8 January 2016}}</ref><ref name="sixthtone">{{cite web|url=https://www.sixthtone.com/news/1003870/conversion-therapy-still-promoted-in-china,-investigation-finds |title=Conversion Therapy Still Promoted in China, Investigation Finds |publisher=Sixth Tone |date=19 April 2019}}</ref> Transgender identity is still classified as a disorder despite laws allowing legal gender changes.<ref name="theguardian">{{cite web|url=https://www.theguardian.com/world/2019/jul/05/taiwan-marriage-law-frustration-hope-lgbt-china |title=Taiwan's marriage law brings frustration and hope for LGBT China |work=The Guardian |date=5 July 2019}}</ref> In 2021, a court in [[Jiangsu]] upheld a ruling that a description of homosexuality as a mental disorder in a 2013 edition of a university [[textbook]] was a result of "perceptual differences", rather than factual error.<ref name=":0">{{Cite news |date=2021-02-26|title=Chinese court backs publisher of textbook calling homosexuality 'psychological disorder'|language=en|work=Reuters|url=https://www.reuters.com/article/us-china-rights-lgbt-idUSKBN2AQ1AH|access-date=2021-03-02}}</ref> According to the ''[[South China Morning Post]]'', the textbook is used by a number of Chinese universities.<ref>{{Cite web|date=2021-03-02|title=Chinese court ruled textbook can call homosexuality a mental disorder|url=https://www.scmp.com/news/people-culture/gender-diversity/article/3123549/homosexuality-can-be-called-mental-disorder|access-date=2021-03-02|website=South China Morning Post|language=en}}</ref> In July 2021, a number of LGBT accounts run by university students on [[WeChat]] were deleted, with messages saying that the accounts "had violated regulations on the management of accounts offering public information service on the Chinese internet".<ref>{{cite web |last1=Yiu |first1=Pak |title=WeChat deletes Chinese university LGBT accounts in fresh crackdown |url=https://www.reuters.com/world/china/chinas-wechat-deletes-university-lgbt-accounts-2021-07-07/ |website=Reuters |access-date=9 July 2021 |date=8 July 2021}}</ref> A 2016 UNDP survey indicated that less than five percent of LGBT people are fully out at school, work, or in their religious community, while about fifteen percent are out to their families.<ref>{{Cite web |title=Precarious Progress: Advocacy for the Human Rights of LGBT People in China {{!}} Outright International |url=https://outrightinternational.org/our-work/human-rights-research/precarious-progress-advocacy-human-rights-lgbt-people-china |access-date=2023-03-12 |website=outrightinternational.org |language=en}}</ref><ref>{{Cite web |title=Being LGBTI in China: A National Survey on Social Attitudes towards Sexual Orientation, Gender Identity and Gender Expression {{!}} United Nations Development Programme |url=https://www.undp.org/asia-pacific/publications/being-lgbti-china-national-survey-social-attitudes-towards-sexual-orientation-gender-identity-and-gender-expression |access-date=2023-03-12 |website=UNDP |language=en}}</ref>
All mentions to homosexuality in criminal law were removed in 1997. The [[Chinese Society of Psychiatry]] declassified homosexuality as a mental disorder in 2001 but still claims that a person could be conflicted or suffering from mental problems due to their sexuality.<ref>{{Cite journal|last=Talha|first=Burki|date=2017-04-01|title=Health and rights challenges for China's LGBT community|journal=World Report|volume=389|page=1286}}</ref> However, such change is yet to be reflected by the regulations of [[National Health and Family Planning Commission]],<ref name="Human Rights Watch">{{cite web |date=15 November 2017 |title="Have You Considered Your Parents' Happiness?" Conversion Therapy Against LGBT People in China |url=https://www.hrw.org/report/2017/11/15/have-you-considered-your-parents-happiness/conversion-therapy-against-lgbt-people |url-status=live |archive-url=https://web.archive.org/web/20200907233242/https://www.hrw.org/report/2017/11/15/have-you-considered-your-parents-happiness/conversion-therapy-against-lgbt-people |archive-date=7 September 2020 |access-date=31 July 2019 |website=[[Human Rights Watch]]}}</ref> a government branch that controls all regulations of health care services in China, which has resulted in psychiatric facilities and psychiatry education textbooks across the country still ''de facto'' considering homosexuality as a mental disorder and continuing to offer [[conversion therapy]] treatments.<ref name="ILGA" /><ref name="usask.ca">{{cite web|url=https://www.usask.ca/education/profiles/cochrane/policy-panel-remarks.pdf|title=Policy issues concerning sexual orientation in China, Canada, and the United States|access-date=29 April 2017|archive-url=https://web.archive.org/web/20160108115141/http://www.usask.ca/education/profiles/cochrane/policy-panel-remarks.pdf|archive-date=8 January 2016}}</ref><ref name="sixthtone">{{cite web |date=19 April 2019 |title=Conversion Therapy Still Promoted in China, Investigation Finds |url=https://www.sixthtone.com/news/1003870/conversion-therapy-still-promoted-in-china,-investigation-finds |website=[[Sixth Tone]] |publisher= |access-date=15 August 2021 |archive-date=28 June 2024 |archive-url=https://web.archive.org/web/20240628151836/https://www.sixthtone.com/news/1003870 |url-status=live }}</ref> Transgender identity is still classified as a disorder despite laws allowing legal gender changes.<ref name="theguardian">{{Cite news |last=Kuo |first=Lily |date=2019-07-05 |title=Taiwan's marriage law brings frustration and hope for LGBT China |url=https://www.theguardian.com/world/2019/jul/05/taiwan-marriage-law-frustration-hope-lgbt-china |access-date=2024-06-28 |work=[[The Guardian]] |language=en-GB |issn=0261-3077 |archive-date=2020-09-07 |archive-url=https://web.archive.org/web/20200907233241/https://www.theguardian.com/world/2019/jul/05/taiwan-marriage-law-frustration-hope-lgbt-china |url-status=live }}</ref> In 2021, a court in [[Jiangsu]] upheld a ruling that a description of homosexuality as a mental disorder in a 2013 edition of a university [[textbook]] was a result of "perceptual differences", rather than factual error.<ref name=":0">{{Cite news |date=2021-02-26 |title=Chinese court backs publisher of textbook calling homosexuality 'psychological disorder' |url=https://www.reuters.com/article/us-china-rights-lgbt-idUSKBN2AQ1AH |url-status=live |archive-url=https://web.archive.org/web/20211107195635/https://www.reuters.com/article/us-china-rights-lgbt-idUSKBN2AQ1AH |archive-date=2021-11-07 |access-date=2021-03-02 |work=[[Reuters]] |language=en}}</ref> According to the ''[[South China Morning Post]]'', the textbook is used by a number of Chinese universities.<ref>{{Cite web |date=2021-03-02 |title=Chinese court ruled textbook can call homosexuality a mental disorder |url=https://www.scmp.com/news/people-culture/gender-diversity/article/3123549/homosexuality-can-be-called-mental-disorder |url-status=live |archive-url=https://web.archive.org/web/20211107195635/https://www.scmp.com/news/people-culture/gender-diversity/article/3123549/homosexuality-can-be-called-mental-disorder |archive-date=2021-11-07 |access-date=2021-03-02 |website=[[South China Morning Post]] |language=en}}</ref>
In July 2021, a number of LGBT accounts run by university students on [[WeChat]] were deleted, with messages saying that the accounts "had violated regulations on the management of accounts offering public information service on the Chinese internet".<ref>{{cite web |last1=Yiu |first1=Pak |date=8 July 2021 |title=WeChat deletes Chinese university LGBT accounts in fresh crackdown |url=https://www.reuters.com/world/china/chinas-wechat-deletes-university-lgbt-accounts-2021-07-07/ |url-status=live |archive-url=https://web.archive.org/web/20211107195635/https://www.reuters.com/world/china/chinas-wechat-deletes-university-lgbt-accounts-2021-07-07/ |archive-date=7 November 2021 |access-date=9 July 2021 |website=[[Reuters]]}}</ref> A 2016 UNDP survey indicated that less than five percent of LGBT people are fully out at school, work, or in their religious community, while about fifteen percent are out to their families.<ref>{{Cite web |title=Precarious Progress: Advocacy for the Human Rights of LGBT People in China {{!}} Outright International |url=https://outrightinternational.org/our-work/human-rights-research/precarious-progress-advocacy-human-rights-lgbt-people-china |access-date=2023-03-12 |website=outrightinternational.org |language=en |archive-date=2023-03-12 |archive-url=https://web.archive.org/web/20230312024135/https://outrightinternational.org/our-work/human-rights-research/precarious-progress-advocacy-human-rights-lgbt-people-china |url-status=live }}</ref><ref>{{Cite web |title=Being LGBTI in China: A National Survey on Social Attitudes towards Sexual Orientation, Gender Identity and Gender Expression {{!}} United Nations Development Programme |url=https://www.undp.org/asia-pacific/publications/being-lgbti-china-national-survey-social-attitudes-towards-sexual-orientation-gender-identity-and-gender-expression |access-date=2023-03-12 |website=UNDP |language=en |archive-date=2023-03-12 |archive-url=https://web.archive.org/web/20230312024134/https://www.undp.org/asia-pacific/publications/being-lgbti-china-national-survey-social-attitudes-towards-sexual-orientation-gender-identity-and-gender-expression |url-status=live }}</ref> Under the [[China under Xi Jinping|Xi Jinping administration]], LGBT rights activists have been subject to increased scrutiny by the country's system of [[Mass surveillance in China|mass surveillance]].<ref name=":22" />


==Recognition of same-sex relationships==
==Recognition of same-sex relationships==
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The ''Marriage Law of the People's Republic of China'' ({{lang-zh|{{linktext|中华|人民|共|和|国|婚姻|法}}}}, [[pinyin]]: ''Zhōnghuá Rénmín Gònghéguó Hūnyīn Fǎ''), adopted at the third session of the Fifth [[National People's Congress]] on September 10, 1980, defines marriage as a union between a man and a woman.<ref>{{cite web|url=http://www.npc.gov.cn/englishnpc/Law/2007-12/13/content_1384064.htm|title=laws|access-date=29 April 2017|archive-url=https://web.archive.org/web/20161122062434/http://www.npc.gov.cn/englishnpc/Law/2007-12/13/content_1384064.htm|archive-date=22 November 2016}}</ref><ref>{{cite journal|last1=Jeffreys|first1=Elaine|last2=Wang|first2=Pan|title=The rise of Chinese-foreign marriage in mainland China, 1979–2010|journal=China Information|date=2013|volume=27|issue=3|pages=347–349|doi=10.1177/0920203X13492791|hdl=10453/27074|s2cid=147243003|hdl-access=free}}</ref>
The ''Marriage Law of the People's Republic of China'' ({{lang-zh|{{linktext|中华|人民|共|和|国|婚姻|法}}}}, [[pinyin]]: ''Zhōnghuá Rénmín Gònghéguó Hūnyīn Fǎ''), adopted at the third session of the Fifth [[National People's Congress]] on September 10, 1980, defines marriage as a union between a man and a woman.<ref>{{cite web|url=http://www.npc.gov.cn/englishnpc/Law/2007-12/13/content_1384064.htm|title=laws|access-date=29 April 2017|archive-url=https://web.archive.org/web/20161122062434/http://www.npc.gov.cn/englishnpc/Law/2007-12/13/content_1384064.htm|archive-date=22 November 2016}}</ref><ref>{{cite journal|last1=Jeffreys|first1=Elaine|last2=Wang|first2=Pan|title=The rise of Chinese-foreign marriage in mainland China, 1979–2010|journal=China Information|date=2013|volume=27|issue=3|pages=347–349|doi=10.1177/0920203X13492791|hdl=10453/27074|s2cid=147243003|hdl-access=free}}</ref>


On 5 January 2016, a court in [[Changsha]], southern [[Hunan|Hunan Province]], agreed to hear a lawsuit filed in December 2015 against the Bureau of Civil Affairs of Furong District. This was the first case to litigate gay marriage rights in mainland China.<ref>{{cite news |last1=Wong |first1=Edward |last2=Piao |first2=Vanessa |title=Couple's Lawsuit Is First Test for Same-Sex Marriage in China |url=https://www.nytimes.com/2016/01/28/world/asia/couples-lawsuit-is-first-test-for-same-sex-marriage-in-china.html |access-date=23 March 2023 |work=The New York Times |date=27 January 2016}}</ref> The lawsuit was filed by 26-year-old Sun Wenlin, who in June 2015 had been refused permission by the bureau to marry his 36-year-old partner, Hu Mingliang.<ref>[http://www.scmp.com/news/china/policies-politics/article/1898421/gay-man-sues-right-marry-chinas-first-same-sex-marriage Gay man sues for right to marry in China's first same-sex marriage lawsuit] South China Morning Post, 6 January 2016</ref> On 13 April 2016, with hundreds of same-sex marriage supporters outside, the Changsha court ruled against Sun, who said he would appeal.<ref>{{cite web|url=https://www.npr.org/sections/thetwo-way/2016/04/13/474065742/chinese-court-rules-against-gay-couple-seeking-to-get-married |title=Chinese Court Rules Against Gay Couple Seeking To Get Married |publisher=The Two-Way |date=13 April 2016}}</ref> On 17 May 2016, Sun and Hu were married in a private ceremony in Changsha, expressing their intention to organize another 99 same-sex weddings across the country in order to normalize same-sex marriage in China.<ref>{{cite web|url=http://www.sixthtone.com/news/853/after-gay-wedding-couple-want-organize-100-more|title=Gay Couple Vows Wedding to Be First of Many|first=Sixth|last=Tone|date=17 May 2016|access-date=29 April 2017}}</ref>
On 5 January 2016, a court in [[Changsha]], southern [[Hunan|Hunan Province]], agreed to hear a lawsuit filed in December 2015 against the Bureau of Civil Affairs of Furong District. This was the first case to litigate gay marriage rights in mainland China.<ref>{{cite news |last1=Wong |first1=Edward |last2=Piao |first2=Vanessa |title=Couple's Lawsuit Is First Test for Same-Sex Marriage in China |url=https://www.nytimes.com/2016/01/28/world/asia/couples-lawsuit-is-first-test-for-same-sex-marriage-in-china.html |access-date=23 March 2023 |work=The New York Times |date=27 January 2016 |archive-date=28 June 2024 |archive-url=https://web.archive.org/web/20240628151934/https://www.nytimes.com/2016/01/28/world/asia/couples-lawsuit-is-first-test-for-same-sex-marriage-in-china.html |url-status=live }}</ref> The lawsuit was filed by 26-year-old Sun Wenlin, who in June 2015 had been refused permission by the bureau to marry his 36-year-old partner, Hu Mingliang.<ref>{{cite web |url=http://www.scmp.com/news/china/policies-politics/article/1898421/gay-man-sues-right-marry-chinas-first-same-sex-marriage |title=Gay man sues for right to marry in China's first same-sex marriage lawsuit |website=South China Morning Post |date=6 January 2016 |access-date=April 11, 2024 |archive-url=https://web.archive.org/web/20160106152549/http://www.scmp.com/news/china/policies-politics/article/1898421/gay-man-sues-right-marry-chinas-first-same-sex-marriage |archive-date=January 6, 2016}}</ref> On 13 April 2016, with hundreds of same-sex marriage supporters outside, the Changsha court ruled against Sun, who said he would appeal.<ref>{{cite web |url=https://www.npr.org/sections/thetwo-way/2016/04/13/474065742/chinese-court-rules-against-gay-couple-seeking-to-get-married |title=Chinese Court Rules Against Gay Couple Seeking To Get Married |publisher=The Two-Way |date=13 April 2016 |access-date=30 May 2024 |archive-date=13 June 2018 |archive-url=https://web.archive.org/web/20180613160706/https://www.npr.org/sections/thetwo-way/2016/04/13/474065742/chinese-court-rules-against-gay-couple-seeking-to-get-married |url-status=live }}</ref> On 17 May 2016, Sun and Hu were married in a private ceremony in Changsha, expressing their intention to organize another 99 same-sex weddings across the country in order to normalize same-sex marriage in China.<ref>{{cite web |last= |first= |date=17 May 2016 |title=Gay Couple Vows Wedding to Be First of Many |url=http://www.sixthtone.com/news/853/after-gay-wedding-couple-want-organize-100-more |url-status=live |archive-url=https://web.archive.org/web/20170807125937/http://www.sixthtone.com/news/853/after-gay-wedding-couple-want-organize-100-more |archive-date=7 August 2017 |access-date=29 April 2017 |website=[[Sixth Tone]]}}</ref>


In October 2017, the [[National People's Congress]] amended Chinese law so that "all adults of full capacity are given the liberty of appointing their own guardians by mutual agreement." The system, variously called "legal guardianship" or "guardianship agreement", permits same-sex partners to make important decisions about medical and personal care, death and funeral, property management, and maintenance of rights and interests. In case one partner loses the ability to make crucial decisions (i.e. mental or physical illness or accident), their guardian may decide for them in their best interest. Their legal relationship can also include wealth and inheritance, or pension, depending on which additional legal documents the couple decides to sign, such as a will.<ref name="sixth">{{cite web|url=https://www.sixthtone.com/news/1004416/beijing-approves-mutual-guardianship-for-gay-couple|title=Beijing Approves Mutual Guardianship for Gay Couple|website=Sixth Tone|date=12 August 2019}}</ref>
In October 2017, the [[National People's Congress]] amended Chinese law so that "all adults of full capacity are given the liberty of appointing their own guardians by mutual agreement." The system, variously called "legal guardianship" or "guardianship agreement", permits same-sex partners to make important decisions about medical and personal care, death and funeral, property management, and maintenance of rights and interests. In case one partner loses the ability to make crucial decisions (i.e. mental or physical illness or accident), their guardian may decide for them in their best interest. Their legal relationship can also include wealth and inheritance, or pension, depending on which additional legal documents the couple decides to sign, such as a will.<ref name="sixth">{{cite web|url=https://www.sixthtone.com/news/1004416/beijing-approves-mutual-guardianship-for-gay-couple|title=Beijing Approves Mutual Guardianship for Gay Couple|website=Sixth Tone|date=12 August 2019|access-date=26 August 2019|archive-date=8 November 2021|archive-url=https://web.archive.org/web/20211108173707/https://www.sixthtone.com/news/1004416/beijing-approves-mutual-guardianship-for-gay-couple|url-status=live}}</ref>


On 12 April 2021, the Shenyang Intermediate People's Court in [[Liaoning]] province ruled that a 79-year-old woman could not sue her female partner of 50 years, whom she accused of stealing 294,000 [[Yuan (currency)|yuan]] from her bank account, because their relationship is not recognized as a marriage in China.<ref name=":1"/>
On 12 April 2021, the Shenyang Intermediate People's Court in [[Liaoning]] province ruled that a 79-year-old woman could not sue her female partner of 50 years, whom she accused of stealing 294,000 [[Yuan (currency)|yuan]] from her bank account, because their relationship is not recognized as a marriage in China.<ref name=":1"/>
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===Hong Kong===
===Hong Kong===
{{Main|Recognition of same-sex unions in Hong Kong}}
{{Excerpt|Recognition of same-sex unions in Hong Kong|only=paragraph|paragraphs=1-2}}
In June 2009, the [[Government of Hong Kong]] extended limited recognition and protection to cohabitating same-sex couples in its ''Domestic Violence Ordinance'' ({{lang-zh|家庭及同居關係暴力條例}}).<ref>Pink News, "[https://www.pinknews.co.uk/2009/06/04/gay-couples-to-be-protected-by-hong-kong-domestic-violence-law/ Gay couples to be protected by Hong Kong domestic violence law]</ref>

In April and September 2017, Hong Kong courts ruled that the same-sex partners of government employees must receive the same spousal benefits as opposite-sex partners and that the same-sex partners of Hong Kong residents have the right to live in the territory as dependents, respectively. These two rulings were both appealed by the Hong Kong Government.<ref>{{Cite web|url=https://hongkongfp.com/2017/05/25/hong-kong-govt-appeals-high-court-ruling-marriage-benefits-gay-couple/|title=Hong Kong gov't appeals High Court ruling on marriage benefits for gay couple|date=May 25, 2017|website=Hong Kong Free Press HKFP}}</ref><ref>[https://www.theguardian.com/world/2017/nov/02/hong-kong-criticised-for-refusing-to-accept-visa-ruling-for-british-lesbian Hong Kong criticised for refusing to accept visa ruling for British lesbian] ''The Guardian'', 2 November 2017</ref> In July 2018, the [[Court of Final Appeal (Hong Kong)|Court of Final Appeal]] upheld the September ruling, stating that same-sex partners have the right to receive dependent visas, and as such can legally reside in Hong Kong.<ref>[https://www.hongkongfp.com/2018/07/04/breaking-hong-kongs-highest-court-upholds-landmark-judgment-favour-lesbian-expat-qt/ Hong Kong's highest court upholds landmark judgment in favour of lesbian expat QT], ''Hong Kong Free Press'', 4 July 2018</ref> Likewise, on 6 June 2019, the Court of Final Appeal upheld the April ruling,<ref>{{Cite web|url=https://www.hongkongfp.com/2019/06/06/breaking-hong-kong-top-court-grants-spousal-benefits-husband-gay-civil-servant/|title=Hong Kong's top court sides with gay civil servant in application for spousal benefit and tax assessment|date=2019-06-06|website=Hong Kong Free Press HKFP|language=en-GB|access-date=2019-06-06}}</ref> after it had initially been overturned by the Court of Appeal.<ref>[http://www.scmp.com/news/hong-kong/hong-kong-law-and-crime/article/2148746/blow-gay-community-hong-kong-court-overturns Government has 'legitimate aim' to protect traditional marriage, Hong Kong appeal court rules, overturning landmark decision on benefits for same-sex spouses], ''South China Morning Post'', 1 June 2018</ref>

In June 2018, a Hong Kong lesbian woman known as "MK" filed a lawsuit against the Hong Kong Government for denying her the right to enter into a [[civil union|civil partnership]] with her female partner, arguing that her rights to privacy and equality had been violated, amounting to a breach of the [[Hong Kong Basic Law]] and the [[Hong Kong Bill of Rights Ordinance]]. The [[High Court (Hong Kong)|High Court]] heard the case in a brief 30-minute preliminary hearing in August 2018.<ref>{{cite web|url=https://www.scmp.com/news/hong-kong/community/article/2161287/woman-takes-unprecedented-step-advance-lgbt-cause-hong-kong |title=Woman takes unprecedented step to advance LGBT cause in Hong Kong and sues government over civil partnerships ban |publisher=South China Morning Post |date=24 August 2018}}</ref><ref>{{cite web|url=https://www.advocate.com/marriage-equality/2018/8/24/queer-hong-kong-woman-sues-civil-union-rights|title=Queer Hong Kong Woman Sues for Civil Union Rights|work=The Advocate|date=24 August 2018|last=Sobel|first=Ariel}}</ref><ref>{{cite web|url=https://www.gaystarnews.com/article/woman-sues-hong-kong-government-for-not-allowing-same-sex-civil-partnerships/|title=Woman sues Hong Kong government for not allowing same-sex civil partnerships|work=Gay Star News|date=24 August 2018|last=Power|first=Shannon|access-date=22 September 2018|archive-date=23 July 2019|archive-url=https://web.archive.org/web/20190723225904/https://www.gaystarnews.com/article/woman-sues-hong-kong-government-for-not-allowing-same-sex-civil-partnerships/}}</ref> A full hearing took place on 28 May 2019, but the court dismissed the case in October 2019.<ref>{{Cite web|url=https://www.independent.co.uk/news/world/asia/gay-marriage-hong-kong-same-sex-lgbt-rights-wedding-a8936806.html|title=Marriage 'no longer special' if gay people allowed to wed, says Hong Kong government|date=2019-05-30|website=The Independent|language=en|access-date=2019-07-03}}</ref>

In November 2018, openly gay legislator [[Raymond Chan Chi-chuen]] proposed a motion to study [[civil union]]s for same-sex couples, but this was voted down by 27 to 24.<ref>{{cite web|url=https://www.scmp.com/news/hong-kong/society/article/2174544/small-step-push-civil-unions-gay-couples-shot-down-hong-kongs|title='Small step' in push for civil unions for gay couples shot down in Hong Kong's legislature after heated debate|publisher=South China Morning Post |date=22 November 2018|last=Chung|first=Kimmy}}</ref>

In January 2019, two men launched legal challenges against [[Hong Kong]]'s same-sex marriage ban, arguing that the refusal to recognize and perform same-sex marriages is a violation of the [[Hong Kong Basic Law|Basic Law]]. The Hong Kong High Court has given permission for the cases to proceed.<ref>{{cite web|url=https://www.reuters.com/article/us-vale-sa-disaster/nearly-24000-ordered-to-evacuate-after-brazil-dam-burst-250-missing-idUSKCN1PL0DN|title=Two gay men challenge Hong Kong ban on same-sex marriage|publisher=Reuters|date=4 January 2019}}</ref><ref>{{cite web|url=https://www.scmp.com/news/hong-kong/law-and-crime/article/2180551/two-gay-men-mount-first-legal-challenges-hong-kong-laws|title=Two gay men mount first legal challenges to Hong Kong laws banning same-sex marriage, with court giving their applications green light to proceed|publisher=South China Morning Post|date=3 January 2019}}</ref>


==Adoption and parenting==
==Adoption and parenting==
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There is no anti-discrimination provision for sexual orientation or gender identity under Chinese labour law. Labour law specifically protects workers against discrimination on the basis of a person's ethnicity, gender or religion.<ref name="iglhrc.org">{{cite web|url=https://www.outrightinternational.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s|title=China: The Legal Position and Status of Lesbian, Gay, Bisexual and Transgender People in the People's Republic of China|first=Tom|last=Mountford|date=24 March 2010|access-date=29 April 2017|archive-date=19 October 2020|archive-url=https://web.archive.org/web/20201019233111/https://outrightinternational.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s}}. (use the "attachments" column to view the PDF)</ref>
There is no anti-discrimination provision for sexual orientation or gender identity under Chinese labour law. Labour law specifically protects workers against discrimination on the basis of a person's ethnicity, gender or religion.<ref name="iglhrc.org">{{cite web|url=https://www.outrightinternational.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s|title=China: The Legal Position and Status of Lesbian, Gay, Bisexual and Transgender People in the People's Republic of China|first=Tom|last=Mountford|date=24 March 2010|access-date=29 April 2017|archive-date=19 October 2020|archive-url=https://web.archive.org/web/20201019233111/https://outrightinternational.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s}}. (use the "attachments" column to view the PDF)</ref>


In 2018, a gay kindergarten teacher from [[Qingdao]] sued his former school after he was dismissed from his job, following a social media post he had made about attending an LGBT event.<ref name="jto-2018">{{cite news |last1=Shepherd |first1=Christian |title=China school sued by fired gay teacher in potential landmark case |url=https://www.japantimes.co.jp/news/2018/09/28/asia-pacific/social-issues-asia-pacific/china-school-sued-fired-gay-teacher-potential-landmark-case/ |access-date=9 October 2018 |work=The Japan Times Online |date=28 September 2018}}</ref> The kindergarten was sentenced by the [[Laoshan District]] People's Court to compensate the teacher for six months of payable wages. It filed an appeal in December of the same year.<ref name="jto-2018" />
In 2018, a gay kindergarten teacher from [[Qingdao]] sued his former school after he was dismissed from his job, following a social media post he had made about attending an LGBT event.<ref name="jto-2018">{{cite news |last1=Shepherd |first1=Christian |title=China school sued by fired gay teacher in potential landmark case |url=https://www.japantimes.co.jp/news/2018/09/28/asia-pacific/social-issues-asia-pacific/china-school-sued-fired-gay-teacher-potential-landmark-case/ |access-date=9 October 2018 |work=The Japan Times Online |date=28 September 2018 |archive-date=9 October 2018 |archive-url=https://web.archive.org/web/20181009172019/https://www.japantimes.co.jp/news/2018/09/28/asia-pacific/social-issues-asia-pacific/china-school-sued-fired-gay-teacher-potential-landmark-case/ |url-status=live }}</ref> The kindergarten was sentenced by the [[Laoshan District]] People's Court to compensate the teacher for six months of payable wages. It filed an appeal in December of the same year.<ref name="jto-2018" />


In November 2018 and March 2019, China accepted several recommendations pertaining to LGBT rights during its [[Universal Periodic Review]]. The "landmark" recommendations, from [[Argentina]], [[Chile]], [[France]], [[Ireland]], [[Mexico]], the [[Netherlands]] and [[Sweden]], urge China to pass an anti-discrimination law covering sexual orientation and enact anti-violence and social security measures. For the first time, the Chinese delegation responded positively. In March 2019, it was revealed at the UN that China aims to adopt an LGBT anti-discrimination law within a year. Activists described the recommendations as a "milestone".<ref>{{cite web|url=https://www.reuters.com/article/us-china-lgbt-un/china-urged-to-take-action-on-lgbt-rights-after-backing-u-n-changes-idUSKCN1QO1MU|title=China urged to take action on LGBT+ rights after backing U.N. changes|website=Reuters|date=7 March 2019|last=Taylor|first=Michael}}</ref><ref>{{cite web|url=https://www.devdiscourse.com/article/international/436487-china-urged-to-worked-with-activists-after-landmark-acceptance-of-unhrcs-lgbt-rights|title=China urged to worked with activists after 'landmark' acceptance of UNHRC's LGBT+ rights|website=Devdiscourse|date=7 March 2019}}</ref><ref>{{cite web|url=https://www.translives.net/baike/news/755|title=中国首次在联合国UPR正面回应LGBT+问题|website=translives.net|date=8 November 2018|language=zh|access-date=7 March 2019|archive-date=11 May 2019|archive-url=https://web.archive.org/web/20190511131552/https://www.translives.net/baike/news/755}}</ref>
In November 2018 and March 2019, China accepted several recommendations pertaining to LGBT rights during its [[Universal Periodic Review]]. The "landmark" recommendations, from [[Argentina]], [[Chile]], [[France]], [[Ireland]], [[Mexico]], the [[Netherlands]] and [[Sweden]], urge China to pass an anti-discrimination law covering sexual orientation and enact anti-violence and social security measures. For the first time, the Chinese delegation responded positively. In March 2019, it was revealed at the UN that China aims to adopt an LGBT anti-discrimination law within a year. Activists described the recommendations as a "milestone".<ref>{{cite web|url=https://www.reuters.com/article/us-china-lgbt-un/china-urged-to-take-action-on-lgbt-rights-after-backing-u-n-changes-idUSKCN1QO1MU|title=China urged to take action on LGBT+ rights after backing U.N. changes|website=Reuters|date=7 March 2019|last=Taylor|first=Michael|access-date=7 March 2019|archive-date=4 June 2019|archive-url=https://web.archive.org/web/20190604163932/https://www.reuters.com/article/us-china-lgbt-un/china-urged-to-take-action-on-lgbt-rights-after-backing-u-n-changes-idUSKCN1QO1MU|url-status=live}}</ref><ref>{{cite web|url=https://www.devdiscourse.com/article/international/436487-china-urged-to-worked-with-activists-after-landmark-acceptance-of-unhrcs-lgbt-rights|title=China urged to worked with activists after 'landmark' acceptance of UNHRC's LGBT+ rights|website=Devdiscourse|date=7 March 2019|access-date=7 March 2019|archive-date=8 March 2019|archive-url=https://web.archive.org/web/20190308003016/https://www.devdiscourse.com/article/international/436487-china-urged-to-worked-with-activists-after-landmark-acceptance-of-unhrcs-lgbt-rights|url-status=live}}</ref><ref>{{cite web|url=https://www.translives.net/baike/news/755|title=中国首次在联合国UPR正面回应LGBT+问题|website=translives.net|date=8 November 2018|language=zh|access-date=7 March 2019|archive-date=11 May 2019|archive-url=https://web.archive.org/web/20190511131552/https://www.translives.net/baike/news/755}}</ref>


===Hong Kong===
===Hong Kong===
{{main|Hong Kong Bill of Rights Ordinance}}
{{main|Hong Kong Bill of Rights Ordinance}}


The ''Hong Kong Bill of Rights Ordinance 1991'' was utilized to strike down discrimination in the age of consent in the case of ''[[Leung TC William Roy v Secretary for Justice|Leung TC William Roy v. Secretary for Justice]]'' (2005). However this does not protect against governmental discrimination in services and goods.<ref>{{cite web|url=http://www.cmab.gov.hk/doc/en/documents/policy_responsibilities/the_rights_of_the_individuals/human/BORO-InductoryChapterandBooklet-Eng.pdf|title=AN INTRODUCTION TO HONG KONG BILL OF RIGHTS ORDINANCE|access-date=29 April 2017}}</ref>
The ''Hong Kong Bill of Rights Ordinance 1991'' was utilized to strike down discrimination in the age of consent in the case of ''[[Leung TC William Roy v Secretary for Justice|Leung TC William Roy v. Secretary for Justice]]'' (2005). However this does not protect against governmental discrimination in services and goods.<ref>{{cite web|url=http://www.cmab.gov.hk/doc/en/documents/policy_responsibilities/the_rights_of_the_individuals/human/BORO-InductoryChapterandBooklet-Eng.pdf|title=AN INTRODUCTION TO HONG KONG BILL OF RIGHTS ORDINANCE|access-date=29 April 2017|archive-date=6 April 2023|archive-url=https://web.archive.org/web/20230406010210/https://www.cmab.gov.hk/doc/en/documents/policy_responsibilities/the_rights_of_the_individuals/human/BORO-InductoryChapterandBooklet-Eng.pdf|url-status=live}}</ref>


===Macau===
===Macau===
Article 25 of the [[Macao Basic Law|Basic Law of Macau]] indicates the people of Macau are free from discrimination based on a non-exhaustive list of prohibited factors. Sexual orientation is not included in said list of prohibited discrimination grounds. However, there are anti-discrimination protections based on sexual orientation in the fields of labour relations (article 6/2 of the '' Law No. 7/2008''),{{efn|{{lang-zh|勞動關係法}}, Cantonese romanization: ''Lòuhduhng Gwāanhaih Faat'';<br /> {{lang-pt|Lei das relações de trabalho}}.<ref>{{cite web|url=https://bo.io.gov.mo/bo/i/2008/33/lei07_cn.asp#7|title=第7/2008號法律|work=macaolaw.gov.mo|language=zh}}</ref><ref>{{Cite web|url=https://www.facebook.com/macauconcealers/posts/848324201903349:0|title=愛瞞日報 Macau Concealers|website=www.facebook.com|language=en|access-date=2019-07-01}}</ref>}} protection of personal data (article 7/1,2 of ''Law No. 8/2005''),{{efn|{{lang-zh|個人資料保護法}}, Cantonese romanization: ''Goyàhn Jīlíu Bóuwuh Faat'';<br /> {{lang-pt|Lei da Protecção de Dados Pessoais}}}} and ombudsman (article 31-A of ''Law No. 4/2012'').{{efn|{{lang-zh|修改第10/2000號法律《澳門特別行政區廉政公署》}}, Cantonese romanization: ''Sāugói Daih 10/2000 Houh Faatleuht《Oumùhn Dahkbiht Hàhngjingkēui Lìhmjing Gūngchyúh》'';<br /> {{lang-pt|Alteração à Lei n.° 10/2000 «Comissariado contra a Corrupção da Região Administrativa Especial de Macau»}}}}
Article 25 of the [[Macao Basic Law|Basic Law of Macau]] indicates the people of Macau are free from discrimination based on a non-exhaustive list of prohibited factors. Sexual orientation is not included in said list of prohibited discrimination grounds. However, there are anti-discrimination protections based on sexual orientation in the fields of labour relations (article 6/2 of the '' Law No. 7/2008''),{{efn|{{lang-zh|勞動關係法}}, Cantonese romanization: ''Lòuhduhng Gwāanhaih Faat'';<br /> {{lang-pt|Lei das relações de trabalho}}.<ref>{{cite web|url=https://bo.io.gov.mo/bo/i/2008/33/lei07_cn.asp#7|title=第7/2008號法律|work=macaolaw.gov.mo|language=zh|access-date=2019-07-24|archive-date=2018-11-07|archive-url=https://web.archive.org/web/20181107095312/http://bo.io.gov.mo/bo/i/2008/33/lei07_cn.asp#7|url-status=live}}</ref><ref>{{Cite web|url=https://www.facebook.com/macauconcealers/posts/848324201903349:0|title=愛瞞日報 Macau Concealers|website=Facebook|language=en|access-date=2019-07-01|archive-date=2019-08-18|archive-url=https://web.archive.org/web/20190818035534/https://www.facebook.com/macauconcealers/posts/848324201903349:0|url-status=live}}</ref>}} protection of personal data (article 7/1,2 of ''Law No. 8/2005''),{{efn|{{lang-zh|個人資料保護法}}, Cantonese romanization: ''Goyàhn Jīlíu Bóuwuh Faat'';<br /> {{lang-pt|Lei da Protecção de Dados Pessoais}}}} and ombudsman (article 31-A of ''Law No. 4/2012'').{{efn|{{lang-zh|修改第10/2000號法律《澳門特別行政區廉政公署》}}, Cantonese romanization: ''Sāugói Daih 10/2000 Houh Faatleuht《Oumùhn Dahkbiht Hàhngjingkēui Lìhmjing Gūngchyúh》'';<br /> {{lang-pt|Alteração à Lei n.° 10/2000 «Comissariado contra a Corrupção da Região Administrativa Especial de Macau»}}}}


==Transgender rights==
==Transgender rights==
{{Main|Transgender people in China}}
{{Main|Transgender people in China}}
Gender reassignment on official identification documents ([[Resident Identity Card]] and [[Hukou]]) is allowed in China only after [[sex reassignment surgery]]. Meanwhile, discrimination towards transgender people from wider society is common.<ref>{{cite news|title=Legal Gender Recognition in China: A Legal and Policy Review|url=https://www.cn.undp.org/content/dam/china/docs/Publications/UNDP-CH-Legal%20gender%20recognition%20-%20China%20180805.pdf|publisher=UNDP|date=2018-08-05}}{{Dead link|date=May 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
Gender reassignment on official identification documents ([[Resident Identity Card]] and [[Hukou]]) is allowed in China only after [[sex reassignment surgery]]. Meanwhile, discrimination towards transgender people from wider society is common.<ref>{{cite news |title=Legal Gender Recognition in China: A Legal and Policy Review |url=https://www.cn.undp.org/content/dam/china/docs/Publications/UNDP-CH-Legal%20gender%20recognition%20-%20China%20180805.pdf |publisher=UNDP |date=2018 |access-date=April 11, 2024 |archive-url=https://web.archive.org/web/20220408165011/https://www1.undp.org/content/dam/china/docs/Publications/UNDP-CH-Legal%20gender%20recognition%20-%20China%20180805.pdf |archive-date=April 8, 2022}}</ref>


In 2009, the Chinese Government made it illegal for minors to change their officially-listed gender, stating that [[sex reassignment surgery]], available to only those over the age of twenty, was required in order to apply for a revision of their identification card and residence registration.<ref name="jun">{{cite journal|last1=Jun|first1=Pi|title=Transgender in China|journal=Journal of LGBT Youth|date=9 October 2010|volume=7|issue=4|pages=346–351|doi=10.1080/19361653.2010.512518|s2cid=143885704}}</ref> According to ''[[The Economist]]'', those seeking a legal gender change are also required to be unmarried, be heterosexual (with regards to their gender identity), and must obtain permission from their family.<ref name=":2" /> As of September 2019, the Chinese Classification of Mental Disorders still classified transgender identity as a mental disorder.<ref name=":3" />
In 2009, the Chinese Government made it illegal for minors to change their officially-listed gender, stating that [[sex reassignment surgery]], available to only those over the age of twenty, was required in order to apply for a revision of their identification card and residence registration.<ref name="jun">{{cite journal|last1=Jun|first1=Pi|title=Transgender in China|journal=Journal of LGBT Youth|date=9 October 2010|volume=7|issue=4|pages=346–351|doi=10.1080/19361653.2010.512518|s2cid=143885704}}</ref> According to ''[[The Economist]]'', those seeking a legal gender change are also required to be unmarried, be heterosexual (with regards to their gender identity), and must obtain permission from their family.<ref name=":2" /> As of September 2019, the Chinese Classification of Mental Disorders still classified transgender identity as a mental disorder.<ref name=":3" />
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In 2020, a court in Beijing said that a transgender woman was covered by [[Anti-discrimination law|anti-discrimination protections]] pertaining to sex, and her employer was obligated to treat her as female, because she had legally transitioned.<ref name=":2" />
In 2020, a court in Beijing said that a transgender woman was covered by [[Anti-discrimination law|anti-discrimination protections]] pertaining to sex, and her employer was obligated to treat her as female, because she had legally transitioned.<ref name=":2" />


In 2021, China's first clinic for [[Transgender youth|transgender children and adolescents]] was set up at the [[Children's Hospital of Fudan University]] in [[Shanghai]] to safely and healthily manage transgender minors' transition.<ref>{{Cite web|last=Wenjun|first=Cai|date=November 5, 2021|title=Nation's first transgender clinic opens in Shanghai|url=https://www.shine.cn/news/metro/2111057625/ |access-date=November 6, 2021|website=[[Shanghai Daily]]|language=en}}</ref>
In 2021, China's first clinic for [[Transgender youth|transgender children and adolescents]] was set up at the [[Children's Hospital of Fudan University]] in [[Shanghai]] to safely and healthily manage transgender minors' transition.<ref>{{Cite web|last=Wenjun|first=Cai|date=November 5, 2021|title=Nation's first transgender clinic opens in Shanghai|url=https://www.shine.cn/news/metro/2111057625/|access-date=November 6, 2021|website=[[Shanghai Daily]]|language=en|archive-date=June 28, 2024|archive-url=https://web.archive.org/web/20240628151848/https://www.shine.cn/news/metro/2406280963/|url-status=live}}</ref>


According to a survey conducted by Peking University, Chinese [[trans female]] students face strong discrimination in many areas of education.<ref>{{cite web |title=2017中国跨性别群体生存现状调查报告 |url=https://doc.mbalib.com/view/23d82eecfd6765a009adcfd32e455028.html |website=MBA智库 |access-date=2022-02-08 |date= |archive-date=2022-04-01 |archive-url=https://web.archive.org/web/20220401115908/https://doc.mbalib.com/view/23d82eecfd6765a009adcfd32e455028.html }}</ref> [[Sex segregation]] is found everywhere in Chinese schools and universities: student enrollment (for some special schools, universities and majors), appearance standards ([[hairstyles]] and [[School uniform#Social implications of school uniforms on gender|uniforms]] included), private spaces (bathrooms, toilets and dormitories included), physical examinations, [[Military education and training in China|military trainings]], [[Conscription in China|conscription]], [[Physical education|PE]] classes and exams and physical health tests. Chinese students are required to attend all the activities according to their legal gender marker. It is also difficult to change the gender information of educational attainments and academic degrees in China, even after [[sex reassignment surgery]], which results in discrimination against well-educated trans women.<ref>{{cite web |title=跨性别者手术后:历时半年终于修改学历 就业遭歧视 |url=https://www.sohu.com/a/362100660_120146415 |website=搜狐 |access-date=2022-02-08 |date=2019-12-23}}</ref><ref>{{cite press release|title=变性人群体真实生态:唯学历证明无法修改性别|publisher=搜狐|date=2012-06-20|url=http://news.sohu.com/20120620/n346142516.shtml|language=zh-cn|access-date=2022-02-08|author=王若翰|archive-url=https://web.archive.org/web/20140812205346/http://news.sohu.com/20120620/n346142516.shtml|archive-date=2014-08-12}}</ref>
According to a survey conducted by Peking University, Chinese [[trans female]] students face strong discrimination in many areas of education.<ref>{{cite web |title=2017中国跨性别群体生存现状调查报告 |url=https://doc.mbalib.com/view/23d82eecfd6765a009adcfd32e455028.html |website=MBA智库 |access-date=2022-02-08 |date= |archive-date=2022-04-01 |archive-url=https://web.archive.org/web/20220401115908/https://doc.mbalib.com/view/23d82eecfd6765a009adcfd32e455028.html }}</ref> [[Sex segregation]] is found everywhere in Chinese schools and universities: student enrollment (for some special schools, universities and majors), appearance standards ([[hairstyles]] and [[School uniform#Social implications of school uniforms on gender|uniforms]] included), private spaces (bathrooms, toilets and dormitories included), physical examinations, [[Military education and training in China|military trainings]], [[Conscription in China|conscription]], [[Physical education|PE]] classes and exams and physical health tests. Chinese students are required to attend all the activities according to their legal gender marker. It is also difficult to change the gender information of educational attainments and academic degrees in China, even after [[sex reassignment surgery]], which results in discrimination against well-educated trans women.<ref>{{cite web |title=跨性别者手术后:历时半年终于修改学历 就业遭歧视 |url=https://www.sohu.com/a/362100660_120146415 |website=搜狐 |access-date=2022-02-08 |date=2019-12-23 |archive-date=2021-03-25 |archive-url=https://web.archive.org/web/20210325032411/https://www.sohu.com/a/362100660_120146415 |url-status=live }}</ref><ref>{{cite press release|title=变性人群体真实生态:唯学历证明无法修改性别|publisher=搜狐|date=2012-06-20|url=http://news.sohu.com/20120620/n346142516.shtml|language=zh-cn|access-date=2022-02-08|author=王若翰|archive-url=https://web.archive.org/web/20140812205346/http://news.sohu.com/20120620/n346142516.shtml|archive-date=2014-08-12}}</ref>


In China, trans women are required to receive approval from their entire family, prove they have no criminal record, and undergo psychological intervention in order to be allowed a prescription for hormone medication.<ref>{{Cite news |url=https://www.bloomberg.com/news/newsletters/2021-11-11/china-s-first-clinic-for-transgender-kids-opens-in-shanghai |title=China's First Clinic for Transgender Kids Opens in Shanghai |last1=Murphy |first1=Colum|website=[[Bloomberg News]] |date=11 November 2021 }}</ref> Familial disapproval had led many to seek alternative sources of their medication, including online sources, until late 2022 when Chinese authorities put forth a draft policy to ban the practice of selling estradiol medication and androgen blockers online.<ref>{{cite news |last1=Yang |first1=Caini |title=China's Plan to Ban Online Sale of Hormone Drugs Worries Trans Women |url=https://www.sixthtone.com/news/1011606/chinas-plan-to-ban-online-sale-of-hormone-drugs-worries-trans-women |access-date=9 January 2023 |work=[[Sixth Tone]] |date=8 November 2022 |language=en}}</ref><ref>{{cite web |title=国家药监局综合司公开征求《药品网络销售禁止清单(征求意见稿)》意见 |trans-title=The State Drug Administration Department of comprehensive public consultation "drug network sales ban list (draft for comment)" comments|url=https://www.nmpa.gov.cn/xxgk/zhqyj/zhqyjyp/20221103155815144.html |website=www.nmpa.gov.cn |publisher=[[National Medical Products Administration]] |access-date=9 January 2023}}</ref> The ban was put in place in December so that even those with prescriptions cannot buy these drugs online.<ref>{{cite magazine |last1=De Guzman |first1=Chad |title=A New Drug Law and Old Attitudes Threaten China's Trans Community |url=https://time.com/6261675/china-transgender-hormones-black-market/ |access-date=15 April 2023 |magazine=Time |date=21 March 2023 |language=en}}</ref>
In China, trans women are required to receive approval from their entire family, prove they have no criminal record, and undergo psychological intervention in order to be allowed a prescription for hormone medication.<ref>{{Cite news |url=https://www.bloomberg.com/news/newsletters/2021-11-11/china-s-first-clinic-for-transgender-kids-opens-in-shanghai |title=China's First Clinic for Transgender Kids Opens in Shanghai |last1=Murphy |first1=Colum |website=[[Bloomberg News]] |date=11 November 2021 |access-date=2023-01-17 |archive-date=2024-06-28 |archive-url=https://web.archive.org/web/20240628151957/https://mb.moatads.com/yi/v2?ol=0&qn=%604%7BZEYwoqI%24%5BK%2BdLLU)%2CMm~tR%23Y.%5BMhS%3A15.snxNz3%2B1bmlLntoDUj%7B!%3CFeid%5BOV%7C%2B2x%3D(%3Ce7%25%7DSlx%3Am4%2C..8WLdA1%3BxTiWio8bYLaXBjA%3AmQ)%3CF!tAbjrzJ%3BgoVYGVxc%40lQQV%23tc3%2Fh%7C%3FVKV%3BaBgS%3F%2BWx%3Ba5%2F%5BGI%3F4YNmD%3Dn%3Cy)%23*R%23tw98YCC2J.bq!CASw%5EXm0okt%24b_o%3FtVD%5D%5BpN%7CQF%40Sy7%7B%2CNr1U*%26ujMUU8fvb%26%22B&tf=1_nMzjG---CSa7H-1SJH-bW7qhB-LRwqH-nMzjG-&vi=111111&rc=0%2C0%2C0%2C0%2C0%2C1%2C0%2C0%2Cprobably%2Cprobably&rb=1-N6RpxjFtVWpgPLa0r1riEAhKBRM3uwndnCs78ABRGBCPEpDfmAqnEVFZ&rs=1-MlEldYr6BjiEcg%3D%3D&sc=1&os=1-EA%3D%3D&qp=00000&is=BBBBB2BBEYBvGl2BBCBBtUTE1RmsqbKW8BsrBu0rCFE48CRBeeBS2hWTMBBQeQBBn2soYggyUig0CBlWZ0uBBCCCCCCOgRBBiOfnE6Bkg7OxCb8MxOtJYHCBdm5kBhBBC9Y8oBXckXBR76iUUsJBCBBBBBBBBBWBBBj3BBBZeGV2BBBCMciUBBBjgEBBBBBB94UMgTdJMtEcpMBBBQBBBniOccBBBBBB47kNBBBBBBBBBBBBBhcjG6BBJM2L4Bk8BwCBQmIoRBBCzBz1BBCTClBBrbGBC4ehueB57NG9aJeRzBqEKiuwBBBB&iv=8&qt=0&gz=0&hh=0&hn=0&tw=&qc=0&qd=0&qf=1400&qe=900&qh=1400&qg=900&qm=0&qa=1400&qb=900&qi=1400&qj=900&to=000&vy=ot%24b%5Bh%40%22oDgO%3DLlE6%3AYnIBMwqCf%5D)4%5Dz%2C%5B%26u9L%2F%2F%24b4%5DIAIbzbld%7Dt00%7Ca_BB%3FVxyEO%22zf4%5D%24cr16Zh5YigBghs%7ClTr1W*d%5B4kf%2FLyUoRdByZ%3C99Ks(I%7DY(T0c%7BDQ3MY.NjDby7p%26C&qr=0&url=https%3A%2F%2Frp.liu233w.com%3A443%2Fhttps%2Fwww.bloomberg.com%2Fnews%2Fnewsletters%2F2021-11-11%2Fchina-s-first-clinic-for-transgender-kids-opens-in-shanghai&pcode=bloombergprebidheader853620778109&rx=822211657308&callback=MoatNadoAllJsonpRequest_61947724 |url-status=live }}</ref> Familial disapproval had led many to seek alternative sources of their medication, including online sources, until late 2022 when Chinese authorities put forth a draft policy to ban the practice of selling estradiol medication and androgen blockers online.<ref>{{cite news |last1=Yang |first1=Caini |title=China's Plan to Ban Online Sale of Hormone Drugs Worries Trans Women |url=https://www.sixthtone.com/news/1011606/chinas-plan-to-ban-online-sale-of-hormone-drugs-worries-trans-women |access-date=9 January 2023 |work=[[Sixth Tone]] |date=8 November 2022 |language=en |archive-date=3 December 2022 |archive-url=https://web.archive.org/web/20221203193337/https://www.sixthtone.com/news/1011606/chinas-plan-to-ban-online-sale-of-hormone-drugs-worries-trans-women |url-status=live }}</ref><ref>{{cite web |title=国家药监局综合司公开征求《药品网络销售禁止清单(征求意见稿)》意见 |trans-title=The State Drug Administration Department of comprehensive public consultation "drug network sales ban list (draft for comment)" comments|url=https://www.nmpa.gov.cn/xxgk/zhqyj/zhqyjyp/20221103155815144.html |publisher=[[National Medical Products Administration]] |access-date=9 January 2023}}</ref> The ban was put in place in December so that even those with prescriptions cannot buy these drugs online.<ref>{{cite magazine |last1=De Guzman |first1=Chad |title=A New Drug Law and Old Attitudes Threaten China's Trans Community |url=https://time.com/6261675/china-transgender-hormones-black-market/ |access-date=15 April 2023 |magazine=Time |date=21 March 2023 |language=en |archive-date=28 June 2024 |archive-url=https://web.archive.org/web/20240628151857/https://time.com/6261675/china-transgender-hormones-black-market/ |url-status=live }}</ref>


===Hong Kong===
===Hong Kong===
[[Hong Kong]] law allows change in legal documents such as the [[Hong Kong Identity Card|identity cards]] and [[passports]] after a person has undergone sex reassignment surgery, but does not allow [[birth certificates]] to be changed.<ref>{{cite web|url=http://www.fridae.asia/gay-news/2010/08/19/10235.ms-w-vs-the-hong-kong-registrar-of-marriages|title=Ms W vs. the Hong Kong Registrar of Marriages|access-date=29 April 2017}}</ref>
[[Hong Kong]] law allows change in legal documents such as the [[Hong Kong Identity Card|identity cards]] and [[passports]] after a person has undergone sex reassignment surgery, but does not allow [[birth certificates]] to be changed.<ref>{{cite web|url=http://www.fridae.asia/gay-news/2010/08/19/10235.ms-w-vs-the-hong-kong-registrar-of-marriages|title=Ms W vs. the Hong Kong Registrar of Marriages|access-date=29 April 2017|archive-date=14 July 2018|archive-url=https://web.archive.org/web/20180714193249/https://www.fridae.asia/gay-news/2010/08/19/10235.ms-w-vs-the-hong-kong-registrar-of-marriages|url-status=live}}</ref>


==Intersex rights==
==Intersex rights==
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=== Online censorship ===
=== Online censorship ===
{{See also|Internet censorship in China}}
The [[Chinese Communist Party|Chinese Communist Party (CCP)]] has continued to suppress LGBT organisations online in recent years. The “[[Great Firewall|Great Firewall of China]]” blocks over 311,000 domains, and frequently takes down social media accounts and posts. The CCP is most likely to censor online content that criticises the party or risks mass mobilisation, and recently they have sought to limit the expansion of online communities. Governmental advisories highlighted that “vulnerable groups” (ruoshi qunti) pose a security threat as they might be used by the West to infiltrate China.<ref>{{Cite news |last=Economy |first=Elizabeth C. |date=2018-06-29 |title=The great firewall of China: Xi Jinping's internet shutdown |language=en-GB |work=The Guardian |url=https://www.theguardian.com/news/2018/jun/29/the-great-firewall-of-china-xi-jinpings-internet-shutdown |access-date=2023-11-26 |issn=0261-3077}}</ref>
The [[Chinese Communist Party|Chinese Communist Party (CCP)]] has continued to suppress LGBT organisations online in recent years. The “[[Great Firewall|Great Firewall of China]]” blocks over 311,000 domains, and frequently takes down social media accounts and posts. The CCP is most likely to censor online content that criticises the party or risks mass mobilisation, and recently they have sought to limit the expansion of online communities. Governmental advisories highlighted that “vulnerable groups” (ruoshi qunti) pose a security threat as they might be used by the West to infiltrate China.<ref>{{Cite news |last=Economy |first=Elizabeth C. |date=2018-06-29 |title=The great firewall of China: Xi Jinping's internet shutdown |url=https://www.theguardian.com/news/2018/jun/29/the-great-firewall-of-china-xi-jinpings-internet-shutdown |url-status=live |archive-url=https://web.archive.org/web/20191010172129/https://www.theguardian.com/news/2018/jun/29/the-great-firewall-of-china-xi-jinpings-internet-shutdown |archive-date=2019-10-10 |access-date=2023-11-26 |work=[[The Guardian]] |language=en-GB |issn=0261-3077}}</ref>


In July 2021, the [[WeChat]] accounts of the several LGBT associations from Chinese universities were closed. The accounts that were closed include some of the most important and influential university associations including: Purple from Tsinghua, Colorsworld from Peking University, Zhihe from Fudan University etc.<ref>{{Cite web |date=2021-07-09 |title=中国大学彩虹团体账号遭封杀引发抗议:我们都是"未命名公众号" |url=https://www.bbc.com/zhongwen/simp/chinese-news-57763594 |access-date=2023-03-11 |website=BBC News 中文 |language=zh-hans}}</ref> [[WeChat|WeChat's]] parent company, [[Tencent]] declined to comment on the account closures.<ref name=":7">{{Cite news |last1=Ni |first1=Vincent |last2=Davidson |first2=Helen |last3=correspondent |first3=Vincent Ni China affairs |date=2021-07-08 |title=Outrage over shutdown of LGBTQ WeChat accounts in China |language=en-GB |work=The Guardian |url=https://www.theguardian.com/world/2021/jul/08/outrage-over-crackdown-on-lgbtq-wechat-accounts-in-china |access-date=2023-11-25 |issn=0261-3077}}</ref> The spokesperson of the Ministry of Foreign Affairs of the People's Republic of China, Wang Wenbin, responded to this by stating that he was not aware of the situation, and claimed that "the Chinese government manages the Internet according to law".<ref>{{Cite web |last=新华社 |title=汪文斌:我们依法管理互联网,还有问题吗?_哔哩哔哩_bilibili |url=https://www.bilibili.com/video/BV19g411u7ZA/ |access-date=2023-03-12 |website=www.bilibili.com |language=zh-Hans}}</ref> However, [[Ned Price]], the US State Department spokesperson expressed that the accounts were “merely expressing their views, exercising their right to freedom of expression and freedom of speech”.<ref name=":7" />
In July 2021, the [[WeChat]] accounts of the several LGBT associations from Chinese universities were closed. The accounts that were closed include some of the most important and influential university associations including Purple from [[Tsinghua University]], Colorsworld from [[Peking University]], and Zhihe from [[Fudan University]].<ref>{{Cite web |date=2021-07-09 |title=中国大学彩虹团体账号遭封杀引发抗议:我们都是"未命名公众号" |url=https://www.bbc.com/zhongwen/simp/chinese-news-57763594 |access-date=2023-03-11 |website=BBC News 中文 |language=zh-hans |archive-date=2024-06-28 |archive-url=https://web.archive.org/web/20240628152947/https://www.bbc.com/zhongwen/simp/chinese-news-57763594 |url-status=live }}</ref> [[WeChat|WeChat's]] parent company, [[Tencent]] declined to comment on the account closures.<ref name=":7">{{Cite news |last1=Ni |first1=Vincent |last2=Davidson |first2=Helen |date=2021-07-08 |title=Outrage over shutdown of LGBTQ WeChat accounts in China |url=https://www.theguardian.com/world/2021/jul/08/outrage-over-crackdown-on-lgbtq-wechat-accounts-in-china |url-status=live |archive-url=https://web.archive.org/web/20210708041516/https://www.theguardian.com/world/2021/jul/08/outrage-over-crackdown-on-lgbtq-wechat-accounts-in-china |archive-date=2021-07-08 |access-date=2023-11-25 |work=[[The Guardian]] |language=en-GB |issn=0261-3077}}</ref> [[Ned Price]], the US State Department spokesperson expressed that the accounts were "merely expressing their views, exercising their right to freedom of expression and freedom of speech".<ref name=":7" />


In April 2018, [[Sina Weibo]], one of the most popular social media platforms in China, decided to ban all LGBT-related issues.<ref>{{cite web |date=16 April 2018 |title=新浪微博:本次游戏动漫清理不再针对同性恋内容 |url=http://it.people.com.cn/n1/2018/0416/c1009-29929828.html |work=People's Daily |language=zh}}</ref> This quickly drew criticism from the public at large and the ''[[People's Daily]]'', the [[Chinese Communist Party]]'s official newspaper. Forms of criticism included the [[hashtag]] #IamGay, which was viewed over 240 million times.<ref name="channel" /> Sina Weibo reversed its ban a few days later. Many Chinese interpreted the ''People's Daily'' editorial as a signal that the government may soften its attitude towards LGBT rights. However, a campaign marking the International Day Against Homophobia on school campuses was forbidden by public officials just one month later.<ref name="diplomat" /> Siodhbhra Parkin, a [[fellow]] at the Global Network for Public Interest Law, said the public should not overinterpret the newspaper's decision: "It might be a signal showing that the government does not have a problem with LGBT rights as a concept. However, that doesn't mean that the authorities will tolerate civil mobilization and activism. I don't think you're going to see the Chinese government supporting civil society groups at the same time that they are trying to crack down [on] all these other groups. When you're an LGBT NGO, you're still an NGO. And that is always going to be kind of the determining factor for whether or not the LGBT movement moves forward."<ref name="diplomat" />
In April 2018, [[Sina Weibo]], one of the most popular social media platforms in China, decided to ban all LGBT-related issues.<ref>{{cite web |date=16 April 2018 |title=新浪微博:本次游戏动漫清理不再针对同性恋内容 |url=http://it.people.com.cn/n1/2018/0416/c1009-29929828.html |url-status=live |archive-url=https://web.archive.org/web/20181212025233/http://it.people.com.cn/n1/2018/0416/c1009-29929828.html |archive-date=12 December 2018 |access-date=23 July 2019 |work=[[People's Daily]] |language=zh}}</ref> This quickly drew criticism from the public at large and the ''[[People's Daily]]'', the [[Chinese Communist Party]]'s official newspaper. Forms of criticism included the [[hashtag]] #IamGay, which was viewed over 240 million times.<ref name="channel" /> Sina Weibo reversed its ban a few days later. Many Chinese interpreted the ''People's Daily'' editorial as a signal that the government may soften its attitude towards LGBT rights. However, a campaign marking the International Day Against Homophobia on school campuses was forbidden by public officials just one month later.<ref name="diplomat">{{cite web |author=Si Chen |date=1 June 2018 |title=China's Complicated LGBT Movement |url=https://thediplomat.com/2018/06/chinas-complicated-lgbt-movement/ |archive-url=https://web.archive.org/web/20180630133227/https://thediplomat.com/2018/06/chinas-complicated-lgbt-movement/ |archive-date=June 30, 2018 |access-date=April 11, 2024 |website=The Diplomat}}</ref> Siodhbhra Parkin, a [[fellow]] at the Global Network for Public Interest Law, said the public should not overinterpret the newspaper's decision: "It might be a signal showing that the government does not have a problem with LGBT rights as a concept. However, that doesn't mean that the authorities will tolerate civil mobilization and activism. I don't think you're going to see the Chinese government supporting civil society groups at the same time that they are trying to crack down [on] all these other groups. When you're an LGBT NGO, you're still an NGO. And that is always going to be kind of the determining factor for whether or not the LGBT movement moves forward."<ref name="diplomat" />


In 2021, [[Li Ying (footballer, born 1993)]] became the first openly Lesbian athlete, posting on her [[Sina Weibo]] account, a photo of herself and partner. The post garnered resounding support from the internet audience however it was also the subject of significant homophobic abuse. The photo was deleted without explanation.<ref>{{cite web |last1=Westcott |first1=Ben |last2=Jiang |first2=Steven |date=9 July 2021 |title=China's LGBTQ community is fading from rainbow to gray |url=https://www.cnn.com/2021/07/09/china/china-pride-month-lgbt-weibo-intl-mic-hnk/index.html |access-date=2 February 2022 |website=cnn.com/ |publisher=CNN}}</ref> Later in 2021, Sun Wenjing, a Chinese professional volleyball player also announced via social media that she was a Lesbian by posting wedding photos of herself and her partner.<ref>{{cite web |date=14 September 2021 |title=Chinese LGBT athlete comes out |url=https://www.scmp.com/news/people-culture/gender-diversity/article/3148708/chinese-lgbt-athlete-comes-out-gay-social |website=www.scmp.com}} 4 Oct. 2021.</ref>
In 2021, [[Li Ying (footballer, born 1993)]] became the first openly Lesbian athlete, posting on her [[Sina Weibo]] account, a photo of herself and partner. The post garnered resounding support from the internet audience however it was also the subject of significant homophobic abuse. The photo was deleted without explanation.<ref>{{cite web |last1=Westcott |first1=Ben |last2=Jiang |first2=Steven |date=9 July 2021 |title=China's LGBTQ community is fading from rainbow to gray |url=https://www.cnn.com/2021/07/09/china/china-pride-month-lgbt-weibo-intl-mic-hnk/index.html |access-date=2 February 2022 |website=[[CNN]] |publisher= |archive-date=26 November 2023 |archive-url=https://web.archive.org/web/20231126075504/https://www.cnn.com/2021/07/09/china/china-pride-month-lgbt-weibo-intl-mic-hnk/index.html |url-status=live }}</ref> Later in 2021, Sun Wenjing, a Chinese professional volleyball player also announced via social media that she was a Lesbian by posting wedding photos of herself and her partner.<ref>{{cite web |last=Yan |first=Alice |date=14 September 2021 |title=Chinese LGBT athlete comes out as gay on social media and receives huge support despite government repression and censorship |url=https://www.scmp.com/news/people-culture/gender-diversity/article/3148708/chinese-lgbt-athlete-comes-out-gay-social |archive-url=https://web.archive.org/web/20210915081544/https://www.scmp.com/news/people-culture/gender-diversity/article/3148708/chinese-lgbt-athlete-comes-out-gay-social |archive-date=September 15, 2021 |access-date=April 17, 2024 |website=[[South China Morning Post]]}}</ref>


On 11 May 2021, LGBT Rights Advocacy China announced the end of its activities and the closure of its [[WeChat]] and [[Weibo]] accounts. “We are deeply regretful to tell everyone, Queer Advocacy Online will stop all of our work indefinitely,” said the group.<ref name=":8">{{Cite web |date=2021-11-05 |title=China LGBT rights group shuts down amid hostile environment |url=https://apnews.com/article/technology-china-media-social-media-taiwan-348cab147964f24ccf83907403d4c84a |access-date=2023-11-25 |website=AP News |language=en}}</ref> The popular advocacy group had largely focused on campaigning for legal rights such as anti-discrimination laws in the workplace and same-sex marriage.<ref name=":6">{{Cite news |title=Why the Communist Party fears gay rights |newspaper=The Economist |url=https://www.economist.com/china/2023/05/25/why-the-communist-party-fears-gay-rights |access-date=2023-11-25 |issn=0013-0613}}</ref> LGBT Rights Advocacy China did not provide any reasons behind the decision to halt their work.<ref name=":8" />
On 11 May 2021, LGBT Rights Advocacy China announced the end of its activities and the closure of its [[WeChat]] and [[Weibo]] accounts. “We are deeply regretful to tell everyone, Queer Advocacy Online will stop all of our work indefinitely,” said the group.<ref name=":8">{{Cite web |date=2021-11-05 |title=China LGBT rights group shuts down amid hostile environment |url=https://apnews.com/article/technology-china-media-social-media-taiwan-348cab147964f24ccf83907403d4c84a |url-status=live |archive-url=https://web.archive.org/web/20231124164612/https://apnews.com/article/technology-china-media-social-media-taiwan-348cab147964f24ccf83907403d4c84a |archive-date=2023-11-24 |access-date=2023-11-25 |website=[[Associated Press]] |language=en}}</ref> The popular advocacy group had largely focused on campaigning for legal rights such as anti-discrimination laws in the workplace and same-sex marriage.<ref name=":6">{{Cite news |title=Why the Communist Party fears gay rights |newspaper=The Economist |url=https://www.economist.com/china/2023/05/25/why-the-communist-party-fears-gay-rights |access-date=2023-11-25 |issn=0013-0613 |archive-date=2024-06-28 |archive-url=https://web.archive.org/web/20240628152948/https://www.economist.com/china/2023/05/25/why-the-communist-party-fears-gay-rights |url-status=live }}</ref> LGBT Rights Advocacy China did not provide any reasons behind the decision to halt their work.<ref name=":8" />


In February 2022, the gay dating app [[Grindr]] was removed from app stores in China as part of a month-long campaign to eradicate illegal and sensitive content in the run-up to the [[2022 Winter Olympics|Beijing Winter Olympics]] and [[Lunar New Year]].<ref>{{cite web |last1=Riley |first1=John |date=February 2022 |title=Grindr disappears from app stores in China amid crackdown on "bad internet culture" |url=https://www.metroweekly.com/2022/02/grindr-removed-from-apple-stores-in-china-amid-crackdown-on-bad-internet-culture/ |access-date=2 February 2022 |website=metroweekly.com/ |publisher=Metro Weekly}}</ref> The Chinese government does allow for the existence of various gay dating applications in China, such as Blued, one of the most important gay dating applications in China.<ref>{{cite news |last1=Hernández |first1=Javier C. |date=16 December 2016 |title=Building a Community, and an Empire, With a Gay Dating App in China |work=The New York Times |url=https://www.nytimes.com/2016/12/16/world/asia/building-a-community-and-an-empire-with-a-gay-dating-app-in-china.html |access-date=23 March 2023}}</ref> However, in August 2022, BlueCity, which controls Blued's operations, was delisted from the US-based [[Nasdaq]] stock exchange.<ref>{{Cite press release |last=Limited |first=BlueCity Holdings |date=2022-08-12 |title=BlueCity Announces Completion of Merger |url=https://www.globenewswire.com/en/news-release/2022/08/12/2497825/0/en/BlueCity-Announces-Completion-of-Merger.html |access-date=2023-11-25 |website=GlobeNewswire News Room |language=en}}</ref> In addition, its CEO and Chairman, Ma Baoli, resigned without naming a successor, leaving the app's future uncertain.<ref name=":10">{{Cite news |date=2023-06-27 |title=China crackdown pushes LGBT groups into the shadows |language=en-GB |work=BBC News |url=https://www.bbc.com/news/business-65806846 |access-date=2023-11-25}}</ref>
In February 2022, the gay dating app [[Grindr]] was removed from app stores in China as part of a month-long campaign to eradicate illegal and sensitive content in the run-up to the [[2022 Winter Olympics|Beijing Winter Olympics]] and [[Lunar New Year]].<ref>{{cite web |last1=Riley |first1=John |date=February 2022 |title=Grindr disappears from app stores in China amid crackdown on "bad internet culture" |url=https://www.metroweekly.com/2022/02/grindr-removed-from-apple-stores-in-china-amid-crackdown-on-bad-internet-culture/ |access-date=2 February 2022 |website=metroweekly.com/ |publisher=Metro Weekly |archive-date=28 June 2024 |archive-url=https://web.archive.org/web/20240628152903/https://www.metroweekly.com/2022/02/grindr-removed-from-apple-stores-in-china-amid-crackdown-on-bad-internet-culture/ |url-status=live }}</ref> The Chinese government does allow for the existence of various gay dating applications in China, such as Blued, one of the most important gay dating applications in China.<ref>{{cite news |last1=Hernández |first1=Javier C. |date=16 December 2016 |title=Building a Community, and an Empire, With a Gay Dating App in China |work=The New York Times |url=https://www.nytimes.com/2016/12/16/world/asia/building-a-community-and-an-empire-with-a-gay-dating-app-in-china.html |access-date=23 March 2023 |archive-date=26 October 2022 |archive-url=https://web.archive.org/web/20221026195259/https://www.nytimes.com/2016/12/16/world/asia/building-a-community-and-an-empire-with-a-gay-dating-app-in-china.html |url-status=live }}</ref> However, in August 2022, BlueCity, which controls Blued's operations, was delisted from the US-based [[Nasdaq]] stock exchange.<ref>{{Cite press release |last=Limited |first=BlueCity Holdings |date=2022-08-12 |title=BlueCity Announces Completion of Merger |url=https://www.globenewswire.com/en/news-release/2022/08/12/2497825/0/en/BlueCity-Announces-Completion-of-Merger.html |access-date=2023-11-25 |website=GlobeNewswire News Room |language=en |archive-date=2023-11-25 |archive-url=https://web.archive.org/web/20231125173820/https://www.globenewswire.com/en/news-release/2022/08/12/2497825/0/en/BlueCity-Announces-Completion-of-Merger.html |url-status=live }}</ref> In addition, its CEO and chairman, Ma Baoli, resigned without naming a successor, leaving the app's future uncertain.<ref name=":10">{{Cite news |date=2023-06-27 |title=China crackdown pushes LGBT groups into the shadows |language=en-GB |work=BBC News |url=https://www.bbc.com/news/business-65806846 |access-date=2023-11-25 |archive-date=2023-11-25 |archive-url=https://web.archive.org/web/20231125062541/https://www.bbc.com/news/business-65806846 |url-status=live }}</ref>


=== Media censorship ===
=== Media censorship ===
[[File:Hong Kong (2017) - 1,105.jpg|thumb|The [[Hong Kong Pride Parade]] has been held annually since 2008.]]
[[File:Hong Kong (2017) - 1,105.jpg|thumb|The [[Hong Kong Pride Parade]] has been held annually since 2008.]]
In 2015, film-maker Fan Popo sued government censors for pulling his gay documentary ''Mama Rainbow'' from online sites.<ref>{{Cite news|url=https://www.washingtonpost.com/news/worldviews/wp/2015/09/16/this-gay-rights-activist-is-suing-the-chinese-censors-who-banned-his-film/|title=This gay rights activist is suing the Chinese censors who banned his film|last=Rauhala|first=Emily|date=2015-09-16|newspaper=The Washington Post|language=en-US|issn=0190-8286|access-date=2016-03-06}}</ref> The lawsuit concluded in December 2015 with a finding by the Beijing No.1 Intermediate People's Court that the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) had not requested that hosting sites pull the documentary.<ref>{{cite news|url=https://blogs.wsj.com/chinarealtime/2015/12/28/chinese-gay-activist-claims-victory-in-online-film-censorship-lawsuit/|title=Chinese Gay Activist Claims Victory in Online Film Censorship Lawsuit|newspaper=Wall Street Journal|date=28 December 2015|access-date=2016-03-06}}</ref> Despite this ruling, which Fan felt was a victory because it effectively limited state involvement, "the film is still unavailable to see online on Chinese hosting sites."<ref>{{Cite news|url=https://www.theguardian.com/global-development-professionals-network/2016/feb/11/china-lgbt-media-xiaogang-wei-rainbow-media-awards|title=What is the Chinese media doing right for LGBT people?|last=Leach|first=Anna|date=2016-02-11|newspaper=The Guardian|language=en-GB|issn=0261-3077|access-date=2016-03-06}}</ref>
In 2015, film-maker Fan Popo sued government censors for pulling his gay documentary ''Mama Rainbow'' from online sites.<ref>{{Cite news|url=https://www.washingtonpost.com/news/worldviews/wp/2015/09/16/this-gay-rights-activist-is-suing-the-chinese-censors-who-banned-his-film/|title=This gay rights activist is suing the Chinese censors who banned his film|last=Rauhala|first=Emily|date=2015-09-16|newspaper=The Washington Post|language=en-US|issn=0190-8286|access-date=2016-03-06|archive-date=2018-10-23|archive-url=https://web.archive.org/web/20181023081634/https://www.washingtonpost.com/news/worldviews/wp/2015/09/16/this-gay-rights-activist-is-suing-the-chinese-censors-who-banned-his-film/|url-status=live}}</ref> The lawsuit concluded in December 2015 with a finding by the Beijing No.1 Intermediate People's Court that the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) had not requested that hosting sites pull the documentary.<ref>{{cite news|url=https://blogs.wsj.com/chinarealtime/2015/12/28/chinese-gay-activist-claims-victory-in-online-film-censorship-lawsuit/|title=Chinese Gay Activist Claims Victory in Online Film Censorship Lawsuit|newspaper=Wall Street Journal|date=28 December 2015|access-date=2016-03-06|archive-date=2019-03-29|archive-url=https://web.archive.org/web/20190329030506/https://blogs.wsj.com/chinarealtime/2015/12/28/chinese-gay-activist-claims-victory-in-online-film-censorship-lawsuit/|url-status=live}}</ref> Despite this ruling, which Fan felt was a victory because it effectively limited state involvement, "the film is still unavailable to see online on Chinese hosting sites."<ref>{{Cite news|url=https://www.theguardian.com/global-development-professionals-network/2016/feb/11/china-lgbt-media-xiaogang-wei-rainbow-media-awards|title=What is the Chinese media doing right for LGBT people?|last=Leach|first=Anna|date=2016-02-11|newspaper=The Guardian|language=en-GB|issn=0261-3077|access-date=2016-03-06|archive-date=2019-05-22|archive-url=https://web.archive.org/web/20190522234857/https://www.theguardian.com/global-development-professionals-network/2016/feb/11/china-lgbt-media-xiaogang-wei-rainbow-media-awards|url-status=live}}</ref>


On 31 December 2015, the China Television Drama Production Industry Association posted new guidelines, including a ban on showing LGBT relationships on television. The regulations stated: "No television drama shall show abnormal sexual relationships and behaviours, such as incest, same-sex relationships, sexual perversion, sexual assault, sexual abuse, sexual violence, and so on."<ref>{{cite news|url=http://www.cnn.com/2016/03/03/asia/china-bans-same-sex-dramas/index.html|title=China bans same-sex romance from TV screens|website=CNN|access-date=2016-03-06}}</ref> These new regulations have begun to affect web dramas,<ref>{{Cite news|url=https://www.theguardian.com/tv-and-radio/2016/mar/04/china-bans-gay-people-television-clampdown-xi-jinping-censorship|title=China bans depictions of gay people on television|last=Ellis-Petersen|first=Hannah|date=2016-03-04|newspaper=The Guardian|language=en-GB|issn=0261-3077|access-date=2016-03-06}}</ref> which have historically had fewer restrictions:<ref>Lilian Lin, [https://blogs.wsj.com/chinarealtime/2016/01/21/chinas-censors-pull-more-web-dramas-including-hit-rom-com/ China's Censors Pull More Web Dramas, Including Hit Rom-Com] in ChinaRealTime (China blog of The Wall Street Journal), 21 January 2016</ref>
On 31 December 2015, the China Television Drama Production Industry Association posted new guidelines, including a ban on showing LGBT relationships on television. The regulations stated: "No television drama shall show abnormal sexual relationships and behaviours, such as incest, same-sex relationships, sexual perversion, sexual assault, sexual abuse, sexual violence, and so on."<ref>{{cite news|url=http://www.cnn.com/2016/03/03/asia/china-bans-same-sex-dramas/index.html|title=China bans same-sex romance from TV screens|website=CNN|access-date=2016-03-06|archive-date=2018-09-10|archive-url=https://web.archive.org/web/20180910020108/https://www.cnn.com/2016/03/03/asia/china-bans-same-sex-dramas/index.html|url-status=live}}</ref> These new regulations have begun to affect web dramas,<ref>{{Cite news|url=https://www.theguardian.com/tv-and-radio/2016/mar/04/china-bans-gay-people-television-clampdown-xi-jinping-censorship|title=China bans depictions of gay people on television|last=Ellis-Petersen|first=Hannah|date=2016-03-04|newspaper=The Guardian|language=en-GB|issn=0261-3077|access-date=2016-03-06|archive-date=2020-03-09|archive-url=https://web.archive.org/web/20200309082251/https://www.theguardian.com/tv-and-radio/2016/mar/04/china-bans-gay-people-television-clampdown-xi-jinping-censorship|url-status=live}}</ref> which have historically had fewer restrictions:<ref>{{cite web |url=https://blogs.wsj.com/chinarealtime/2016/01/21/chinas-censors-pull-more-web-dramas-including-hit-rom-com/ |title=China's Censors Pull More Web Dramas, Including Hit Rom-Com |last=Lin |first=Lilian |website=The Wall Street Journal |date=21 January 2016 |access-date=April 17, 2024 |archive-url=https://web.archive.org/web/20160121083626/https://blogs.wsj.com/chinarealtime/2016/01/21/chinas-censors-pull-more-web-dramas-including-hit-rom-com/ |archive-date=January 21, 2016}}</ref>


<blockquote>Chinese Web dramas are commonly deemed as enjoying looser censorship compared with content on TV and the silver screen. They often feature more sexual, violent and other content that is deemed by traditional broadcasters to fall in the no-no area.</blockquote>
<blockquote>Chinese Web dramas are commonly deemed as enjoying looser censorship compared with content on TV and the silver screen. They often feature more sexual, violent and other content that is deemed by traditional broadcasters to fall in the no-no area.</blockquote>


In February 2016, the popular Chinese gay web series ''[[Heroin Web Series|Addicted (Heroin)]]'' was banned from being broadcast online 12 episodes into a 15-episode season. Makers of the series uploaded the remaining episodes on YouTube instead.<ref>Lilian Lin and Chang Chen, [https://blogs.wsj.com/chinarealtime/2016/02/24/chinas-censors-take-another-gay-themed-web-drama-offline/ China's Censors Take Another Gay-Themed Web Drama Offline] in ChinaRealTime (China blog of The Wall Street Journal), 24 February 2016</ref>
In February 2016, the popular Chinese gay web series ''[[Heroin Web Series|Addicted (Heroin)]]'' was banned from being broadcast online 12 episodes into a 15-episode season. Makers of the series uploaded the remaining episodes on YouTube instead.<ref>{{cite web |url=https://blogs.wsj.com/chinarealtime/2016/02/24/chinas-censors-take-another-gay-themed-web-drama-offline/ |title=China's Censors Take Another Gay-Themed Web Drama Offline |last1=Lin |first1=Lilian |last2=Chen |first2=Chang |date=February 24, 2016 |website=The Wall Street Journal |access-date=April 17, 2024 |archive-url=https://web.archive.org/web/20160228034810/https://blogs.wsj.com/chinarealtime/2016/02/24/chinas-censors-take-another-gay-themed-web-drama-offline/ |archive-date=February 28, 2016}}</ref>


In May 2018, the [[European Broadcasting Union]] blocked [[Mango TV]], one of China's most watched channels, from airing the final of the [[Eurovision Song Contest 2018]] after it edited out [[Ireland|Irish]] singer [[Ryan O'Shaughnessy]]'s performance, which depicted two male dancers, and blacked out rainbow flags during [[Switzerland]]'s performance.<ref>[https://www.theguardian.com/world/2018/may/11/chinese-broadcaster-loses-eurovision-rights-over-lgbt-censorship Chinese broadcaster loses Eurovision rights over LGBT censorship], ''The Guardian'', 11 May 2018</ref>
In May 2018, the [[European Broadcasting Union]] blocked [[Mango TV]], one of China's most watched channels, from airing the final of the [[Eurovision Song Contest 2018]] after it edited out [[Ireland|Irish]] singer [[Ryan O'Shaughnessy]]'s performance, which depicted two male dancers, and blacked out rainbow flags during [[Switzerland]]'s performance.<ref>{{cite web |url=https://www.theguardian.com/world/2018/may/11/chinese-broadcaster-loses-eurovision-rights-over-lgbt-censorship |title=Chinese broadcaster loses Eurovision rights over LGBT censorship |last=Kuo |first=Lily |date=11 May 2018 |website=The Guardian |access-date=April 17, 2024 |archive-url=https://web.archive.org/web/20180511092915/https://www.theguardian.com/world/2018/may/11/chinese-broadcaster-loses-eurovision-rights-over-lgbt-censorship |archive-date=May 11, 2018}}</ref>


Days before the International Day Against Homophobia in 2018, two women wearing rainbow badges were attacked and beaten by security guards in Beijing. The security company dismissed the three guards involved shortly thereafter.<ref name="channel">[https://www.news24.com/World/News/chinas-lgbt-community-finds-trouble-hope-at-end-of-rainbow-20180602 China's LGBT community finds trouble, hope at end of rainbow], AFP, 2 June 2018, {{webarchive|url=https://web.archive.org/web/20190617191452/https://www.news24.com/World/News/chinas-lgbt-community-finds-trouble-hope-at-end-of-rainbow-20180602|date=June 17, 2019}}</ref>
Days before the International Day Against Homophobia in 2018, two women wearing rainbow badges were attacked and beaten by security guards in Beijing. The security company dismissed the three guards involved shortly thereafter.<ref name="channel">{{cite web |url=https://www.news24.com/World/News/chinas-lgbt-community-finds-trouble-hope-at-end-of-rainbow-20180602 |title=China's LGBT community finds trouble, hope at end of rainbow |date=2 June 2018 |website=news24 |access-date=April 17, 2024 |archive-url=https://web.archive.org/web/20190617191452/https://www.news24.com/World/News/chinas-lgbt-community-finds-trouble-hope-at-end-of-rainbow-20180602 |archive-date=June 17, 2019}}</ref>


Mr Gay China, a beauty pageant, was held in 2016 without incident.<ref>{{cite web|url=https://www.sbs.com.au/topics/sexuality/fast-lane/article/2016/08/08/china-crowned-its-first-ever-mr-gay| title=China crowned its first ever Mr Gay|first1=Ben| last1=Winsor| date=August 9, 2016}}</ref> In 2018, the event host passively cancelled their engagement by not responding to any communications. [[Mr Gay World]] 2019 announced cancellation after communication began to deteriorate in early August. No official censorship notice was issued but some articles blamed the [[Government of China|Chinese Government]] for the cancellation.<ref>{{cite news |title=Mr Gay World cancels Hong Kong event citing concerns over LGBTQ crackdown in mainland |url=https://www.hongkongfp.com/2018/08/20/mr-gay-world-cancels-hong-kong-event-citing-concerns-lgbtq-crackdown-mainland/ |access-date=22 September 2018 |agency=Hong Kong Free Press}}</ref> That same year, a woman who wrote a gay-themed novel was sentenced to 10 years and 6 months in prison for "breaking obscenity laws".<ref>{{cite web|url=https://www.animenewsnetwork.com/interest/2018-11-23/woman-receives-10-year-prison-sentence-in-china-for-writing-boys-love-novels/.139808|title=Woman Receives 10-Year Prison Sentence in China For Writing Boys-Love Novels|website=Anime News Network|date=23 November 2018}}</ref>
Mr Gay China, a beauty pageant, was held in 2016 without incident.<ref>{{cite web| url=https://www.sbs.com.au/topics/sexuality/fast-lane/article/2016/08/08/china-crowned-its-first-ever-mr-gay| title=China crowned its first ever Mr Gay| first1=Ben| last1=Winsor| date=August 9, 2016| access-date=May 14, 2019| archive-date=May 14, 2019| archive-url=https://web.archive.org/web/20190514183134/https://www.sbs.com.au/topics/sexuality/fast-lane/article/2016/08/08/china-crowned-its-first-ever-mr-gay| url-status=dead}}</ref> In 2018, the event host passively cancelled their engagement by not responding to any communications. [[Mr Gay World]] 2019 announced cancellation after communication began to deteriorate in early August. No official censorship notice was issued but some articles blamed the [[Government of China|Chinese Government]] for the cancellation.<ref>{{cite news |title=Mr Gay World cancels Hong Kong event citing concerns over LGBTQ crackdown in mainland |url=https://www.hongkongfp.com/2018/08/20/mr-gay-world-cancels-hong-kong-event-citing-concerns-lgbtq-crackdown-mainland/ |access-date=22 September 2018 |agency=Hong Kong Free Press |archive-date=9 April 2019 |archive-url=https://web.archive.org/web/20190409170737/https://www.hongkongfp.com/2018/08/20/mr-gay-world-cancels-hong-kong-event-citing-concerns-lgbtq-crackdown-mainland/ |url-status=live }}</ref> That same year, a woman who wrote a gay-themed novel was sentenced to 10 years and 6 months in prison for "breaking obscenity laws".<ref>{{cite web|url=https://www.animenewsnetwork.com/interest/2018-11-23/woman-receives-10-year-prison-sentence-in-china-for-writing-boys-love-novels/.139808|title=Woman Receives 10-Year Prison Sentence in China For Writing Boys-Love Novels|website=Anime News Network|date=23 November 2018|access-date=2018-11-25|archive-date=2019-06-30|archive-url=https://web.archive.org/web/20190630081925/https://www.animenewsnetwork.com/interest/2018-11-23/woman-receives-10-year-prison-sentence-in-china-for-writing-boys-love-novels/.139808|url-status=live}}</ref>


Amid increasing criticism of China's tightening of censorship under the rule of [[Paramount leader|Chinese leader]] [[Xi Jinping]],<ref>(6 August 2020). [https://www.bbc.co.uk/news/entertainment-arts-53676789 Hollywood censors films to appease China, report suggests]. ''[[BBC News]].'' [[United Kingdom]]</ref><ref>Tager, James. [https://pen.org/report/made-in-hollywood-censored-by-beijing/ Made in Hollywood, Censored by Beijing]. ''[[PEN America]]''. [[New York City]]</ref><ref>[https://www.businessinsider.com/author/tara-francis-chan?r=US&IR=T Chan, Tara Francis]. (24 May 2018). [https://static2.businessinsider.com/china-great-firewall-censorship-under-xi-jinping-2018-3 China's 'Great Firewall' is taller than ever under 'president-for-life' Xi Jinping]. ''[[Business Insider]].'' [[Germany]]</ref> the [[Beijing International Film Festival]] attracted controversy when in 2018, China's government censors banned the festival from screening the Oscar-winning ''[[Call Me by Your Name (film)|Call Me by Your Name]],''<ref>Pei Li and Adam Jourdan. (26 March 2018). [https://uk.mobile.reuters.com/article/amp/idUKL1N1R8097 Beijing festival pulls award-winning gay film amid content squeeze]. ''[[Reuters]].''</ref><ref>Ho, Pang-Chieh. (5 April 2018). [https://supchina.com/2018/04/05/call-me-by-your-name-pulled-from-beijing-international-film-festival/ Gay romance 'Call Me By Your Name' pulled from Beijing International Film Festival]. ''[https://supchina.com/ SupChina].'' [[Beijing]],</ref> throwing a spotlight on LGBT rights in China.
Amid increasing criticism of China's tightening of censorship under the rule of [[Paramount leader|Chinese leader]] [[Xi Jinping]],<ref>{{cite web |url=https://www.bbc.co.uk/news/entertainment-arts-53676789 |title=Hollywood censors films to appease China, report suggests |date=2020 |website=[[BBC News]] |access-date=April 17, 2024 |archive-url=https://web.archive.org/web/20200810205929/https://www.bbc.com/news/entertainment-arts-53676789 |archive-date=August 10, 2020}}</ref><ref>{{cite web |url=https://pen.org/report/made-in-hollywood-censored-by-beijing/ |title=Made in Hollywood, Censored by Beijing |website=[[PEN America]] |date=5 August 2020 |access-date=April 17, 2024 |archive-url=https://web.archive.org/web/20200807082710/https://pen.org/report/made-in-hollywood-censored-by-beijing/ |archive-date=August 7, 2020}}</ref><ref>{{cite web |url=https://static2.businessinsider.com/china-great-firewall-censorship-under-xi-jinping-2018-3 |title=China's 'Great Firewall' is taller than ever under 'president-for-life' Xi Jinping |author=Tara Francis Chan |date=March 24, 2018 |website=[[Business Insider]] |access-date=April 17, 2024 |archive-url=https://web.archive.org/web/20200916021448/https://static2.businessinsider.com/china-great-firewall-censorship-under-xi-jinping-2018-3 |archive-date=September 16, 2020}}</ref> the [[Beijing International Film Festival]] attracted controversy when in 2018, China's government censors banned the festival from screening the Oscar-winning ''[[Call Me by Your Name (film)|Call Me by Your Name]],''<ref>{{cite web |url=https://www.reuters.com/article/idUSKBN1H20OR/ |title=Beijing festival pulls award-winning gay film amid content squeeze |last1=Li |first1=Pei |last2=Jourdan |first2=Adam |date=March 26, 2018 |website=[[Reuters]] |access-date=April 17, 2024}}</ref><ref>{{cite web |url=https://supchina.com/2018/04/05/call-me-by-your-name-pulled-from-beijing-international-film-festival/ |title=Gay romance 'Call Me By Your Name' pulled from Beijing International Film Festival |author=Pang-Chieh Ho |date=April 5, 2018 |website=SupChina |access-date=April 11, 2024 |archive-url=https://web.archive.org/web/20200919165646/https://supchina.com/2018/04/05/call-me-by-your-name-pulled-from-beijing-international-film-festival/ |archive-date=September 19, 2020}}</ref> throwing a spotlight on LGBT rights in China.


In February 2022, the first season of the series "Friends" returned to major streaming media in mainland China, but all the same-sex marriage and love plots were deleted, including dialogues that mentioned lesbian people and scenes of same-sex kissing. However, Sohu Video, which was authorised to rebroadcast "Friends" from 2012 to 2018, retained the same-sex marriage plot at the time. The deletion drew widespread criticism, and the related hashtag was immediately banned by Sina Weibo.<ref>{{Cite news |title=老友记:中国视频网站被指删除剧集LGBT内容 |language=zh-hans |work=BBC News 中文 |url=https://www.bbc.com/zhongwen/simp/chinese-news-60373513 |access-date=2023-03-11}}</ref> China-made TV series were also victims of censorship towards same-sex plots. "Addiction," was pulled offline by China's regulators. The 15-episode show about a romance between two high school boys was the series with the second-highest views on iQiyi at the time it was taken down. The guidelines from the government in 2016 lay out an array of subjects that will be prohibited, including depictions of gay relationships.<ref>{{Cite web |last=Qin |first=Amy |date=2016-03-06 |title=中国收紧网络剧审查,同性恋与巫术皆禁止 |url=https://cn.nytimes.com/china/20160304/c04artsbeat-china/ |access-date=2023-03-28 |website=纽约时报中文网 |language=zh-cmn-hans}}</ref>
In February 2022, the first season of the series "Friends" returned to major streaming media in mainland China, but all the same-sex marriage and love plots were deleted, including dialogues that mentioned lesbian people and scenes of same-sex kissing. However, Sohu Video, which was authorised to rebroadcast "Friends" from 2012 to 2018, retained the same-sex marriage plot at the time. The deletion drew widespread criticism, and the related hashtag was immediately banned by Sina Weibo.<ref>{{Cite news |title=老友记:中国视频网站被指删除剧集LGBT内容 |language=zh-hans |work=BBC News 中文 |url=https://www.bbc.com/zhongwen/simp/chinese-news-60373513 |access-date=2023-03-11 |archive-date=2022-05-20 |archive-url=https://web.archive.org/web/20220520093001/https://www.bbc.com/zhongwen/simp/chinese-news-60373513 |url-status=live }}</ref> China-made TV series were also victims of censorship towards same-sex plots. "Addiction," was pulled offline by China's regulators. The 15-episode show about a romance between two high school boys was the series with the second-highest views on iQiyi at the time it was taken down. The guidelines from the government in 2016 lay out an array of subjects that will be prohibited, including depictions of gay relationships.<ref>{{Cite web |last=Qin |first=Amy |date=2016-03-06 |title=中国收紧网络剧审查,同性恋与巫术皆禁止 |url=https://cn.nytimes.com/china/20160304/c04artsbeat-china/ |access-date=2023-03-28 |website=纽约时报中文网 |language=zh-cmn-hans |archive-date=2024-06-28 |archive-url=https://web.archive.org/web/20240628152906/https://cn.nytimes.com/china/20160304/c04artsbeat-china/ |url-status=live }}</ref>


=== Other forms of censorship ===
=== Other forms of censorship ===
In 2016, Qiu Bai sent a letter to the Ministry of Education of the People's Republic of China, hoping that it would take measures in order to stop the use of homophobic teaching materials in colleges and universities,<ref>{{Cite web |title=中大女生诉教育部"教材歧视同性恋",学校否认以不毕业施压_教育家_澎湃新闻-The Paper |url=https://www.thepaper.cn/newsDetail_forward_1366994 |access-date=2023-03-11 |website=www.thepaper.cn}}</ref> this letter was received by the Ministry in February 2016. However, no official reply has been received from the Ministry. On April 25, 2016, Qiubai sued the Ministry of Education for inaction based on the relevant provisions of the Chinese Administrative Litigation Law, but the court refused to file the case. In May, she decided to file an administrative reconsideration with the Ministry of Education, which was not accepted.<ref>{{Cite web |title=女生秋白再磕教育部:举报教材同性恋问题没回复,提行政复议_教育家_澎湃新闻-The Paper |url=https://www.thepaper.cn/newsDetail_forward_1471409 |access-date=2023-03-11 |website=www.thepaper.cn}}</ref> On June 14, she sued the Ministry of Education before the court, and the case was successfully filed. On September 27, the Court issued a decision by ruling that Qiubai's right as a lesbian is "an unspecific rights that all student or member of the gay community enjoy". Thus her allegation that her specific rights was hindered was not founded.<ref>{{Cite web |title=秋白打官司:有問題的是「櫃子」,不是我 |url=https://theinitium.com/article/20170315-mainland-qiubai/ |access-date=2023-03-12 |website=Initium Media |date=15 March 2017 |language=zh-Hant}}</ref> She then decided to file an appeal. The hearing for the second instance at the Beijing Municipal High People's Court was scheduled at January 10, 2017 . Qiubai's attorney Yu Liying stated that she provided new evidence and a more detailed explanation of the infringement suffered by Qiubai, but the Ministry of Education did not recognize the relevance of the evidence with the case.<ref>{{Cite web |title=称教材"污名"同性恋 秋白状告教育部案二审开庭 |url=http://www.bjnews.com.cn/news/2017/01/10/430137.html |access-date=2023-03-11 |website=www.bjnews.com.cn}}</ref> On March 2, 2017, the High Court of Beijing made a final judgment, announcing that Qiubai lost the case and rejected her appeal based on the similar ground as the first instance.<ref>{{Cite web |title=教材疑污名化同性恋 大学女生告教育部二审败诉 |url=http://china.caixin.com/2017-03-06/101062813.html |access-date=2023-03-12 |website=china.caixin.com}}</ref> Thus, she was not managed to win any of her case among the five litigations she was involved in before the court. During her legal fight, she was constantly under the pressure from the university administration. This final judgement means that for a long time to come, in the various textbooks used by Chinese university students, homosexuality may continue to be described as "disease", "mental disorder" and "abnormality".<ref>{{Cite web |title=秋白打官司:有問題的是「櫃子」,不是我 |url=https://theinitium.com/article/20170315-mainland-qiubai/ |access-date=2023-03-11 |website=Initium Media |date=15 March 2017 |language=zh-Hant}}</ref>
In 2016, Qiu Bai sent a letter to the Ministry of Education of the People's Republic of China, hoping that it would take measures in order to stop the use of homophobic teaching materials in colleges and universities,<ref>{{Cite web |title=中大女生诉教育部"教材歧视同性恋",学校否认以不毕业施压_教育家_澎湃新闻-The Paper |url=https://www.thepaper.cn/newsDetail_forward_1366994 |access-date=2023-03-11 |website=The Paper |archive-date=2023-03-12 |archive-url=https://web.archive.org/web/20230312002908/https://www.thepaper.cn/newsDetail_forward_1366994 |url-status=live }}</ref> this letter was received by the Ministry in February 2016. However, no official reply has been received from the Ministry. On April 25, 2016, Qiubai sued the Ministry of Education for inaction based on the relevant provisions of the Chinese Administrative Litigation Law, but the court refused to file the case. In May, she decided to file an administrative reconsideration with the Ministry of Education, which was not accepted.<ref>{{Cite web |title=女生秋白再磕教育部:举报教材同性恋问题没回复,提行政复议_教育家_澎湃新闻-The Paper |url=https://www.thepaper.cn/newsDetail_forward_1471409 |access-date=2023-03-11 |website=The Paper |archive-date=2023-03-12 |archive-url=https://web.archive.org/web/20230312002911/https://www.thepaper.cn/newsDetail_forward_1471409 |url-status=live }}</ref> On June 14, she sued the Ministry of Education before the court, and the case was successfully filed. On September 27, the Court issued a decision by ruling that Qiubai's right as a lesbian is "an unspecific rights that all student or member of the gay community enjoy". Thus her allegation that her specific rights was hindered was not founded.<ref>{{Cite web |title=秋白打官司:有問題的是「櫃子」,不是我 |url=https://theinitium.com/article/20170315-mainland-qiubai/ |access-date=2023-03-12 |website=Initium Media |date=15 March 2017 |language=zh-Hant |archive-date=2021-01-21 |archive-url=https://web.archive.org/web/20210121164734/https://theinitium.com/article/20170315-mainland-qiubai/ |url-status=live }}</ref> She then decided to file an appeal. The hearing for the second instance at the Beijing Municipal High People's Court was scheduled at January 10, 2017 . Qiubai's attorney Yu Liying stated that she provided new evidence and a more detailed explanation of the infringement suffered by Qiubai, but the Ministry of Education did not recognize the relevance of the evidence with the case.<ref>{{Cite web |title=称教材"污名"同性恋 秋白状告教育部案二审开庭 |url=http://www.bjnews.com.cn/news/2017/01/10/430137.html |access-date=2023-03-11 |website=www.bjnews.com.cn |archive-date=2018-01-13 |archive-url=https://web.archive.org/web/20180113035434/http://www.bjnews.com.cn/news/2017/01/10/430137.html |url-status=live }}</ref> On March 2, 2017, the High Court of Beijing made a final judgment, announcing that Qiubai lost the case and rejected her appeal based on the similar ground as the first instance.<ref>{{Cite web |title=教材疑污名化同性恋 大学女生告教育部二审败诉 |url=http://china.caixin.com/2017-03-06/101062813.html |access-date=2023-03-12 |website=china.caixin.com |archive-date=2017-10-07 |archive-url=https://web.archive.org/web/20171007040546/http://china.caixin.com/2017-03-06/101062813.html |url-status=live }}</ref> Thus, she was not managed to win any of her case among the five litigations she was involved in before the court. During her legal fight, she was constantly under the pressure from the university administration. This final judgement means that for a long time to come, in the various textbooks used by Chinese university students, homosexuality may continue to be described as "disease", "mental disorder" and "abnormality".<ref>{{Cite web |title=秋白打官司:有問題的是「櫃子」,不是我 |url=https://theinitium.com/article/20170315-mainland-qiubai/ |access-date=2023-03-11 |website=Initium Media |date=15 March 2017 |language=zh-Hant |archive-date=2021-01-21 |archive-url=https://web.archive.org/web/20210121164734/https://theinitium.com/article/20170315-mainland-qiubai/ |url-status=live }}</ref>


On March 2, 2017, the judgement of the "First Case of Chinese Gay Educational Right " was pronounced in the Beijing Higher People's Court. The plaintiff, Qiu Bai (pseudonym), a senior student at Sun Yat-Sen University in Guangzhou, lost the lawsuit.<ref>{{Cite web |title=Initium Media |url=https://theinitium.com/article/20170315-mainland-qiubai/ |access-date=2023-03-11 |website=Initium Media |date=15 March 2017 |language=zh-Hant}}</ref>
On March 2, 2017, the judgement of the "First Case of Chinese Gay Educational Right " was pronounced in the Beijing Higher People's Court. The plaintiff, Qiu Bai (pseudonym), a senior student at Sun Yat-Sen University in Guangzhou, lost the lawsuit.<ref>{{Cite web |title=Initium Media |url=https://theinitium.com/article/20170315-mainland-qiubai/ |access-date=2023-03-11 |website=Initium Media |date=15 March 2017 |language=zh-Hant |archive-date=2021-01-21 |archive-url=https://web.archive.org/web/20210121164734/https://theinitium.com/article/20170315-mainland-qiubai/ |url-status=live }}</ref>


In 2017, an LGBT conference was scheduled to be held in [[Xi'an]]. Western reports, using the organisers blog as their source, claimed the police had detained the organisers and threatened them.<ref>{{cite web |title=2017 Human Rights Report: China (includes Tibet, Hong Kong, and Macau) |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277073.htm |archive-url=https://web.archive.org/web/20180422124334/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277073.htm |archive-date=2018-04-22 |publisher=U.S. State Department |quote=Xi'an police detained nine members of the gay advocacy group Speak Out hours before the conference it was hosting was slated to start.}}</ref><ref>{{cite news |date=May 31, 2017 |title=China police detain gay activists after Xian event canceled |newspaper=Reuters |url=https://www.reuters.com/article/us-china-lgbt-idUSKBN18R168}}</ref><ref>{{cite web |date=May 30, 2017 |title="Xi'an does not welcome homosexuality": 2017 Xi'an Conference changed from indefinite extension to official cancellation |url=https://www.weibo.com/ttarticle/p/show?id=2309404112953191308343&sudaref=t.co&retcode=6102 |archive-url=https://web.archive.org/web/20190227184546/https://www.weibo.com/ttarticle/p/show?id=2309404112953191308343&sudaref=t.co&retcode=6102 |archive-date=February 27, 2019 |publisher=SpeakOut |quote=你若要问我,是什么样的权力可以这样代表西安"不欢迎同性恋"的活动,是什么样的人在"阻挠"。我也只能耸耸肩,我也不知道,因为同样没有人告诉我。"被取消"的理由是什么,就是"没理由"。}}</ref>
In 2017, an LGBT conference was scheduled to be held in [[Xi'an]]. Western reports, using the organisers blog as their source, claimed the police had detained the organisers and threatened them.<ref>{{cite web |title=2017 Human Rights Report: China (includes Tibet, Hong Kong, and Macau) |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277073.htm |archive-url=https://web.archive.org/web/20180422124334/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277073.htm |archive-date=2018-04-22 |publisher=U.S. State Department |quote=Xi'an police detained nine members of the gay advocacy group Speak Out hours before the conference it was hosting was slated to start.}}</ref><ref>{{cite news |date=May 31, 2017 |title=China police detain gay activists after Xian event canceled |newspaper=Reuters |url=https://www.reuters.com/article/us-china-lgbt-idUSKBN18R168 |access-date=May 14, 2019 |archive-date=May 14, 2019 |archive-url=https://web.archive.org/web/20190514194321/https://www.reuters.com/article/us-china-lgbt-idUSKBN18R168 |url-status=live }}</ref><ref>{{cite web |date=May 30, 2017 |title="Xi'an does not welcome homosexuality": 2017 Xi'an Conference changed from indefinite extension to official cancellation |url=https://www.weibo.com/ttarticle/p/show?id=2309404112953191308343&sudaref=t.co&retcode=6102 |archive-url=https://web.archive.org/web/20190227184546/https://www.weibo.com/ttarticle/p/show?id=2309404112953191308343&sudaref=t.co&retcode=6102 |archive-date=February 27, 2019 |publisher=SpeakOut |quote=你若要问我,是什么样的权力可以这样代表西安"不欢迎同性恋"的活动,是什么样的人在"阻挠"。我也只能耸耸肩,我也不知道,因为同样没有人告诉我。"被取消"的理由是什么,就是"没理由"。}}</ref>


In 2020, [[ShanghaiPride|Shanghai Pride Festival]], one of the most important gay rights festivals founded in 2009, were forced to cancel their activities.<ref>{{Cite web |title="上海骄傲节"突然停办 或涉政治原因 |url=https://www.rfa.org/mandarin/yataibaodao/shehui/hj2-08142020131326.html |access-date=2023-03-12 |website=Radio Free Asia |language=zh-cn}}</ref> The announcement posted on their website read, “ShanghaiPRIDE regrets to announce that we are cancelling all upcoming activities”.<ref name=":9">{{Cite web |title=The End of the Rainbow {{!}} 上海骄傲节 ShanghaiPRIDE |url=https://shpride.com/2020/08/13/ending/?lang=en |access-date=2023-11-25 |website=shpride.com}}</ref> The organisation expressed solidarity with their community and encouraged them to remain “proud”, without specifying reasons for the cancellations.<ref name=":9" /> Subsequently, ShanghaiPRIDE has not resumed its celebrations. Limited online events remain accessible through their website.<ref name=":9" />
In 2020, [[ShanghaiPride|Shanghai Pride Festival]], one of the most important gay rights festivals founded in 2009, were forced to cancel their activities.<ref>{{Cite web |title="上海骄傲节"突然停办 或涉政治原因 |url=https://www.rfa.org/mandarin/yataibaodao/shehui/hj2-08142020131326.html |access-date=2023-03-12 |website=Radio Free Asia |language=zh-cn}}</ref> The announcement posted on their website read, “ShanghaiPRIDE regrets to announce that we are cancelling all upcoming activities”.<ref name=":9">{{Cite web |title=The End of the Rainbow {{!}} 上海骄傲节 ShanghaiPRIDE |url=https://shpride.com/2020/08/13/ending/?lang=en |access-date=2023-11-25 |website=shpride.com}}</ref> The organisation expressed solidarity with their community and encouraged them to remain “proud”, without specifying reasons for the cancellations.<ref name=":9" /> Subsequently, ShanghaiPRIDE has not resumed its celebrations. Limited online events remain accessible through their website.<ref name=":9" />


In 2021, PFLAG China (Parents, Families, and Friends of Lesbians and Gays) changed its name to "Trueself",<ref>{{Cite web |title="出色伙伴"的公益路,坚持,让我们更出色。|出色伙伴 |url=https://www.chuse8.com/Home/News/detail/id/66.html#:~:text=%E4%BB%8A%E5%B9%B4%E5%9B%9B%E6%9C%88%EF%BC%8C%E6%88%90%E7%AB%8B%E4%BA%8E,%E5%81%A5%E5%BA%B7%E5%85%B3%E7%88%B1%E4%B8%89%E4%B8%AA%E6%9D%BF%E5%9D%97%E3%80%82 |access-date=2023-03-12 |website=www.chuse8.com}}</ref> and the goal of the association altered as well: it now connects the work with the governmental statement by claiming that they focus on " make tens of thousands of families an important basis for national development, national progress, and social harmony ".<ref>{{Cite web |title=机构简介|出色伙伴 |url=https://www.chuse8.com/Home/About/index.html |access-date=2023-03-12 |website=www.chuse8.com}}</ref>
In 2021, PFLAG China (Parents, Families, and Friends of Lesbians and Gays) changed its name to "Trueself",<ref>{{Cite web |title="出色伙伴"的公益路,坚持,让我们更出色。|出色伙伴 |url=https://www.chuse8.com/Home/News/detail/id/66.html#:~:text=%E4%BB%8A%E5%B9%B4%E5%9B%9B%E6%9C%88%EF%BC%8C%E6%88%90%E7%AB%8B%E4%BA%8E,%E5%81%A5%E5%BA%B7%E5%85%B3%E7%88%B1%E4%B8%89%E4%B8%AA%E6%9D%BF%E5%9D%97%E3%80%82 |access-date=2023-03-12 |website=www.chuse8.com |archive-date=2023-03-12 |archive-url=https://web.archive.org/web/20230312002910/https://www.chuse8.com/Home/News/detail/id/66.html#:~:text=%E4%BB%8A%E5%B9%B4%E5%9B%9B%E6%9C%88%EF%BC%8C%E6%88%90%E7%AB%8B%E4%BA%8E,%E5%81%A5%E5%BA%B7%E5%85%B3%E7%88%B1%E4%B8%89%E4%B8%AA%E6%9D%BF%E5%9D%97%E3%80%82 |url-status=live }}</ref> and the goal of the association altered as well: it now connects the work with the governmental statement by claiming that they focus on " make tens of thousands of families an important basis for national development, national progress, and social harmony ".<ref>{{Cite web |title=机构简介|出色伙伴 |url=https://www.chuse8.com/Home/About/index.html |access-date=2023-03-12 |website=www.chuse8.com |archive-date=2023-03-12 |archive-url=https://web.archive.org/web/20230312002910/https://www.chuse8.com/Home/About/index.html |url-status=live }}</ref>

In 2024, one of the country's last remaining lesbian bars, the Roxie in Shanghai, was forced to close.<ref name=":19" /><ref>{{Cite news |last=Thibault |first=Harold |date=2024-06-25 |title=Shanghai's lesbian bar Roxie closes down |url=https://www.lemonde.fr/en/international/article/2024/06/25/farewell-to-lesbian-bar-the-roxie-in-shanghai-as-it-closes-down_6675641_4.html |access-date=2024-06-28 |work=[[Le Monde]] |language=en |archive-date=2024-06-28 |archive-url=https://web.archive.org/web/20240628071438/https://www.lemonde.fr/en/international/article/2024/06/25/farewell-to-lesbian-bar-the-roxie-in-shanghai-as-it-closes-down_6675641_4.html |url-status=live }}</ref>


== Academic insights into LGBT activism ==
== Academic insights into LGBT activism ==
Some scholars argue that the CCP's crackdown on LGBT activism is based on efforts to increase the birth rate across the country.<ref name=":6" /> China's birth rate has declined for the first time in six decades, sparking concerns about future economic growth and an aging population.<ref>{{Cite web |date=2023-01-17 |title=China's population declines for the first time in decades |url=https://www.nbcnews.com/news/world/chinas-population-declines-first-time-decades-rcna65928 |access-date=2023-11-26 |website=NBC News |language=en}}</ref>
Some scholars argue that the CCP's crackdown on LGBT activism is based on efforts to increase the birth rate across the country.<ref name=":6" /> China's birth rate has declined for the first time in six decades, sparking concerns about future economic growth and an aging population.<ref>{{Cite web |date=2023-01-17 |title=China's population declines for the first time in decades |url=https://www.nbcnews.com/news/world/chinas-population-declines-first-time-decades-rcna65928 |access-date=2023-11-26 |website=NBC News |language=en}}</ref>


Darius Longarino argues that the Chinese government views homosexuality as “a malign foreign influence that is stopping youth from getting married and having children”.<ref>{{Cite web |date=2023-06-13 |title=For China's LGBTQ community, safe spaces are becoming harder to find |url=https://www.nbcnews.com/news/world/china-beijing-lgbt-center-rcna85528 |access-date=2023-11-26 |website=NBC News |language=en}}</ref> Thus, the CCP has adopted a policy of promoting the traditional nuclear family, to ensure the next generation of strong Chinese youth, whilst maintaining social stability.
Darius Longarino argues that the Chinese government views homosexuality as “a malign foreign influence that is stopping youth from getting married and having children”.<ref>{{Cite web |date=2023-06-13 |title=For China's LGBTQ community, safe spaces are becoming harder to find |url=https://www.nbcnews.com/news/world/china-beijing-lgbt-center-rcna85528 |access-date=2023-11-26 |website=NBC News |language=en |archive-date=2024-01-19 |archive-url=https://web.archive.org/web/20240119214528/https://www.nbcnews.com/news/world/china-beijing-lgbt-center-rcna85528 |url-status=live }}</ref> Thus, the CCP has adopted a policy of promoting the traditional nuclear family, to ensure the next generation of strong Chinese youth, whilst maintaining social stability.


Others point to ideological reasons, citing that the political ideologies of CCP officials, such as Xi Jinping are shaped by the Cultural Revolution.<ref name=":11">{{Cite web |title=The Prince: Searching for Xi Jinping |url=https://www.economist.com/audio/podcasts/the-prince |access-date=2023-11-26 |website=www.economist.com |language=en}}</ref> During Mao's rule, concepts viewed as Western and “non-socialist”, such as homosexuality, were eliminated from Chinese society.<ref>{{Cite web |last=Jiang |first=Ben Westcott, Steven |date=2021-07-09 |title=China's LGBTQ community is fading from rainbow to gray |url=https://www.cnn.com/2021/07/09/china/china-pride-month-lgbt-weibo-intl-mic-hnk/index.html |access-date=2023-11-26 |website=CNN |language=en}}</ref>
Others point to ideological reasons, citing that the political ideologies of CCP officials, such as Xi Jinping are shaped by the [[Cultural Revolution]].<ref name=":11">{{Cite web |title=The Prince: Searching for Xi Jinping |url=https://www.economist.com/audio/podcasts/the-prince |access-date=2023-11-26 |website=Economist |language=en |archive-date=2024-06-28 |archive-url=https://web.archive.org/web/20240628153508/https://www.economist.com/audio/podcasts/the-prince |url-status=live }}</ref>


However, there is evidence to suggest that the CCP is not ideologically opposed to the advancement of LGBT rights. The CCP decriminalised homosexuality in 1997 and in 2013 they accepted the [[United Nations]]’ recommendations to introduce anti-discrimination legislation for LGBT people.<ref name=":10" /><ref>{{Cite web |title=ODS HOME PAGE |url=https://documents-dds-ny.un.org/doc/UNDOC/GEN/G13/188/55/PDF/G1318855.pdf?OpenElement |access-date=2023-11-26 |website=documents-dds-ny.un.org}}</ref> This included assurances of more equal treatment alongside protections from workplace discrimination based on sexual preference and gender identity.<ref>{{Citation |last=Jeffreys |first=Elaine |title=Public policy and LGBT people and activism in mainland China |date=2017 |url=https://www.taylorfrancis.com/chapters/edit/10.4324/9781315543918-18/public-policy-lgbt-people-activism-mainland-china-elaine-jeffreys |work=Routledge Handbook of the Chinese Communist Party |pages=283–296 |access-date=2023-11-26 |publisher=Routledge |doi=10.4324/9781315543918-18 |hdl=10453/122043 |isbn=978-1-315-54391-8|hdl-access=free }}</ref>
The CCP decriminalised homosexuality in 1997 and in 2013 they accepted the [[United Nations]]’ recommendations to introduce anti-discrimination legislation for LGBT people.<ref name=":10" /><ref>{{Cite web |title=ODS HOME PAGE |url=https://documents-dds-ny.un.org/doc/UNDOC/GEN/G13/188/55/PDF/G1318855.pdf?OpenElement |access-date=2023-11-26 |website=documents-dds-ny.un.org |archive-date=2022-10-14 |archive-url=https://web.archive.org/web/20221014143333/http://documents-dds-ny.un.org/doc/UNDOC/GEN/G13/188/55/PDF/G1318855.pdf?OpenElement |url-status=live }}</ref> This included assurances of more equal treatment alongside protections from workplace discrimination based on sexual preference and gender identity.<ref>{{Citation |last=Jeffreys |first=Elaine |title=Public policy and LGBT people and activism in mainland China |date=2017 |url=https://www.taylorfrancis.com/chapters/edit/10.4324/9781315543918-18/public-policy-lgbt-people-activism-mainland-china-elaine-jeffreys |work=Routledge Handbook of the Chinese Communist Party |pages=283–296 |access-date=2023-11-26 |publisher=Routledge |doi=10.4324/9781315543918-18 |hdl=10453/122043 |isbn=978-1-315-54391-8 |hdl-access=free |archive-date=2024-06-28 |archive-url=https://web.archive.org/web/20240628153400/https://www.taylorfrancis.com/chapters/edit/10.4324/9781315543918-18/public-policy-lgbt-people-activism-mainland-china-elaine-jeffreys |url-status=live }}</ref>


Critics argue that China's acceptance of UN policy on LGBT rights is a foreign policy manoeuvre to appease the international community.<ref name=":13">{{Cite web |last=Wei |first=Nathan |date=2023-03-01 |title=China's UN statements about LGBTQ issues don't match the government's policies at home |url=https://thechinaproject.com/2023/03/01/chinas-un-statements-about-lgbtq-issues-dont-match-the-governments-policies-at-home/ |access-date=2023-11-26 |website=The China Project |language=en-US}}</ref> Darius Longarino describes this phenomenon as China wanting “to sound tolerant on the world stage”, despite their disregard for LGBT rights.<ref name=":13" />
Critics argue that China's acceptance of UN policy on LGBT rights is a foreign policy manoeuvre to appease the international community.<ref name=":13">{{Cite web |last=Wei |first=Nathan |date=2023-03-01 |title=China's UN statements about LGBTQ issues don't match the government's policies at home |url=https://thechinaproject.com/2023/03/01/chinas-un-statements-about-lgbtq-issues-dont-match-the-governments-policies-at-home/ |access-date=2023-11-26 |website=The China Project |language=en-US |archive-date=2023-11-26 |archive-url=https://web.archive.org/web/20231126184835/https://thechinaproject.com/2023/03/01/chinas-un-statements-about-lgbtq-issues-dont-match-the-governments-policies-at-home/ |url-status=live }}</ref> Darius Longarino describes this phenomenon as China wanting “to sound tolerant on the world stage”, despite their disregard for LGBT rights.<ref name=":13" />


Strategic motivations for the crackdown have also been cited by academics and prominent journalists. Sue Lin-Wong, [[the Economist]]’s former China correspondent has stated that Xi Jinping's political ideology was strongly influenced by the dissolution of the [[Soviet Union]] and the events of the [[Arab Spring]].<ref name=":11" /> She argues that he saw the power of mass mobilisation and the threat of social movements to autocratic regimes. By limiting the organisational power of grassroots activist groups, Xi Jinping limits the likelihood of mass revolution and calls for wider democratic reform.
Strategic motivations for the crackdown have also been cited by academics and prominent journalists. Sue Lin-Wong, [[the Economist]]’s former China correspondent has stated that Xi Jinping's political ideology was strongly influenced by the dissolution of the [[Soviet Union]] and the events of the [[Arab Spring]].<ref name=":11" /> She argues that he saw the power of mass mobilisation and the threat of social movements to autocratic regimes. By limiting the organisational power of grassroots activist groups, Xi Jinping limits the likelihood of mass revolution and calls for wider democratic reform.


Scholars also argue that mass mobilisation is likely to face suppression when demonstrations are large, organised, formal, political, and carried out by minority groups, as they are seen to be more disruptive to social stability.<ref>{{Cite journal |last=Li |first=Yao |date=2017 |title=A Zero-Sum Game? Repression and Protest in China |url=https://www.cambridge.org/core/journals/government-and-opposition/article/abs/zerosum-game-repression-and-protest-in-china/13A81B174A7DA24BAA9D6DCF86556F30 |journal=Government and Opposition |language=en |volume=54 |issue=2 |pages=309–335 |doi=10.1017/gov.2017.24 |s2cid=148625534 |issn=0017-257X}}</ref> In this context, LGBT organisations are viewed as a threat in China since their demonstrations are often politically charged, large, and associated with “foreign” concepts.<ref name=":6" />
Scholars also argue that mass mobilisation is likely to face suppression when demonstrations are large, organised, formal, political, and carried out by minority groups, as they are seen to be more disruptive to social stability.<ref>{{Cite journal |last=Li |first=Yao |date=2017 |title=A Zero-Sum Game? Repression and Protest in China |url=https://www.cambridge.org/core/journals/government-and-opposition/article/abs/zerosum-game-repression-and-protest-in-china/13A81B174A7DA24BAA9D6DCF86556F30 |journal=Government and Opposition |language=en |volume=54 |issue=2 |pages=309–335 |doi=10.1017/gov.2017.24 |s2cid=148625534 |issn=0017-257X |access-date=2023-11-26 |archive-date=2023-11-26 |archive-url=https://web.archive.org/web/20231126184835/https://www.cambridge.org/core/journals/government-and-opposition/article/abs/zerosum-game-repression-and-protest-in-china/13A81B174A7DA24BAA9D6DCF86556F30 |url-status=live }}</ref> In this context, LGBT organisations are viewed as a threat in China since their demonstrations are often politically charged, large, and associated with “foreign” concepts.<ref name=":6" />


Echoing this idea, LGBT activists claim that during governmental interrogations, there is an emphasis placed on the threat that community organisation poses to national security, rather than its immorality.<ref name=":6" />
Echoing this idea, LGBT activists claim that during governmental interrogations, there is an emphasis placed on the threat that community organisation poses to national security, rather than its immorality.<ref name=":6" />


Another way in which LGBT activism has been limited in China is through self-censorship, which has led to “pragmatic” activism. Scholars cite that this is partly strategically driven by the CCP, and partly normatively driven by shame.<ref>{{Cite book |url=https://onlinelibrary.wiley.com/doi/book/10.1002/9781405165518 |title=The Blackwell Encyclopedia of Sociology |date=2007-02-15 |publisher=Wiley |isbn=978-1-4051-2433-1 |editor-last=Ritzer |editor-first=George |edition=1 |language=en |doi=10.1002/9781405165518.wbeoss087.pub2}}</ref>
Another way in which LGBT activism has been limited in China is through self-censorship, which has led to “pragmatic” activism. Scholars cite that this is partly strategically driven by the CCP, and partly normatively driven by shame.<ref>{{Cite book |url=https://onlinelibrary.wiley.com/doi/book/10.1002/9781405165518 |title=The Blackwell Encyclopedia of Sociology |date=2007-02-15 |publisher=Wiley |isbn=978-1-4051-2433-1 |editor-last=Ritzer |editor-first=George |edition=1 |language=en |doi=10.1002/9781405165518.wbeoss087.pub2 |access-date=2023-11-26 |archive-date=2023-11-01 |archive-url=https://web.archive.org/web/20231101144411/https://onlinelibrary.wiley.com/doi/book/10.1002/9781405165518 |url-status=live }}</ref>


Scholars explain that the CCP directly controls the nature of LGBT activism in China through strict government regulation of civil sector organisations. In general, the CCP requires [[Non-governmental organization|Non-Governmental Organisations]]’ (NGOs) compatibility with China's overall policy goals.<ref name=":14">{{Cite journal |last=Hildebrandt |first=Timothy |date=2012 |title=Development and Division: the effect of transnational linkages and local politics on LGBT activism in China |url=http://www.tandfonline.com/doi/abs/10.1080/10670564.2012.684967 |journal=Journal of Contemporary China |language=en |volume=21 |issue=77 |pages=845–862 |doi=10.1080/10670564.2012.684967 |s2cid=144028220 |issn=1067-0564}}</ref> Timothy Hildebrandt, associate professor at [[London School of Economics|the LSE]] contends that this means activism in China is successful “only insofar as their activities complement government interests”.<ref name=":14" /> Therefore, LGBT activist groups tend to work on issues that are non-politically charged and serve the wider community, such as HIV and [[HIV/AIDS|AIDS]] prevention, to receive the most funding and “political space”. In turn, organisations that adopt overtly political stances or mobilise the LGBT community are less likely to survive in China.<ref name=":14" />
Scholars explain that the CCP directly controls the nature of LGBT activism in China through strict government regulation of civil sector organisations. In general, the CCP requires [[Non-governmental organization|Non-Governmental Organisations]]’ (NGOs) compatibility with China's overall policy goals.<ref name=":14">{{Cite journal |last=Hildebrandt |first=Timothy |date=2012 |title=Development and Division: the effect of transnational linkages and local politics on LGBT activism in China |url=http://www.tandfonline.com/doi/abs/10.1080/10670564.2012.684967 |journal=Journal of Contemporary China |language=en |volume=21 |issue=77 |pages=845–862 |doi=10.1080/10670564.2012.684967 |s2cid=144028220 |issn=1067-0564}}</ref> Timothy Hildebrandt, associate professor at [[London School of Economics|the LSE]] contends that this means activism in China is successful “only insofar as their activities complement government interests”.<ref name=":14" /> Therefore, LGBT activist groups tend to work on issues that are non-politically charged and serve the wider community, such as HIV and [[HIV/AIDS|AIDS]] prevention, to receive the most funding and “political space”. In turn, organisations that adopt overtly political stances or mobilise the LGBT community are less likely to survive in China.<ref name=":14" />


Po-Han Lee, a scholar at the [[University of Sussex]], claims that the regulation of LGBT activism in Asia has increased in recent years as governments attempt to dissociate with the “individualistic” West.<ref>{{Cite journal |last=Lee |first=Po-Han |date=2016-10-02 |title=LGBT rights versus Asian values: de/re-constructing the universality of human rights |url=http://www.tandfonline.com/doi/full/10.1080/13642987.2016.1192537 |journal=The International Journal of Human Rights |language=en |volume=20 |issue=7 |pages=978–992 |doi=10.1080/13642987.2016.1192537 |s2cid=147935516 |issn=1364-2987}}</ref> He argues that there has been an “awakening of cultural nationalism and the re-emergence of sexual conservatism”, fuelled by post-colonial trauma.<ref>{{Cite journal |last=Lee |first=Po-Han |date=2020-01-01 |title=Multiplicity of Queer Activism in East Asia: A Cosmopolitan Imagination for Justices |url=https://www.academia.edu/43876948 |journal=Advances in Sociology Research. Volume 30}}</ref>
Po-Han Lee, a scholar at the [[University of Sussex]], claims that the regulation of LGBT activism in Asia has increased in recent years as governments attempt to dissociate with the “individualistic” West.<ref>{{Cite journal |last=Lee |first=Po-Han |date=2016-10-02 |title=LGBT rights versus Asian values: de/re-constructing the universality of human rights |url=http://www.tandfonline.com/doi/full/10.1080/13642987.2016.1192537 |journal=The International Journal of Human Rights |language=en |volume=20 |issue=7 |pages=978–992 |doi=10.1080/13642987.2016.1192537 |s2cid=147935516 |issn=1364-2987 |access-date=2023-11-26 |archive-date=2024-05-30 |archive-url=https://web.archive.org/web/20240530145935/https://www.tandfonline.com/doi/full/10.1080/13642987.2016.1192537 |url-status=live }}</ref> He argues that there has been an “awakening of cultural nationalism and the re-emergence of sexual conservatism”, fuelled by post-colonial trauma.<ref>{{Cite journal |last=Lee |first=Po-Han |date=2020-01-01 |title=Multiplicity of Queer Activism in East Asia: A Cosmopolitan Imagination for Justices |url=https://www.academia.edu/43876948 |journal=Advances in Sociology Research. Volume 30 |access-date=2023-11-26 |archive-date=2024-05-30 |archive-url=https://web.archive.org/web/20240530145940/https://www.academia.edu/43876948/Multiplicity_of_Queer_Activism_in_East_Asia_A_Cosmopolitan_Imagination_for_Justices |url-status=live }}</ref>


Scholars also cite that there are normative boundaries to LGBT activism in China. Tamara Loos, gender studies professor at [[Cornell University]], explains that Western colonisation “affected the economies, polities and cultures of non-colonized Asia as intensely as it did those of directly colonised areas”.<ref name=":15">{{Cite journal |last=Loos |first=Tamara |date=2009 |title=Transnational Histories of Sexualities in Asia |url=https://www.jstor.org/stable/23303428 |journal=The American Historical Review |volume=114 |issue=5 |pages=1309–1324 |doi=10.1086/ahr.114.5.1309 |jstor=23303428 |pmid=20425923 |issn=0002-8762}}</ref> Thus, she explains that LGBT people throughout Asia still live with the lasting effects that Western imperialism has imposed on moral norms. This has led to stigmatisation and the internalisation of shame within queer people across Asia.<ref name=":15" />
Scholars also cite that there are normative boundaries to LGBT activism in China. Tamara Loos, gender studies professor at [[Cornell University]], explains that Western colonisation “affected the economies, polities and cultures of non-colonized Asia as intensely as it did those of directly colonised areas”.<ref name=":15">{{Cite journal |last=Loos |first=Tamara |date=2009 |title=Transnational Histories of Sexualities in Asia |url=https://www.jstor.org/stable/23303428 |journal=The American Historical Review |volume=114 |issue=5 |pages=1309–1324 |doi=10.1086/ahr.114.5.1309 |jstor=23303428 |pmid=20425923 |issn=0002-8762}}</ref> Thus, she explains that LGBT people throughout Asia still live with the lasting effects that Western imperialism has imposed on moral norms. This has led to stigmatisation and the internalisation of shame within queer people across Asia.<ref name=":15" />


Scholars specialising in queer studies in Asia have claimed that this leads to a “desexualisation” of LGBT activism which pushes activist groups to become “respectfully queer”.<ref>{{Cite journal |last=Phillips |first=Robert |date=2014 |title="And I Am Also Gay": Illiberal Pragmatics, Neoliberal Homonormativity and LGBT Activism in Singapore |url=https://www.jstor.org/stable/24469640 |journal=Anthropologica |volume=56 |issue=1 |pages=45–54 |jstor=24469640 |issn=0003-5459}}</ref> It is argued that legacies of colonisation have led to “pragmatic resistance” from LGBT activists in Asia, where shame and internalised homophobia limit the extent of their fight for rights.<ref>{{Cite web |last=Hildebrandt |first=Timothy |date=2018-12-01 |title=NGOs and the success paradox: gay activism 'after' HIV/AIDS in China |url=https://eprints.lse.ac.uk/100112/ |access-date=2023-11-26 |website=eprints.lse.ac.uk}}</ref><ref name=":16">{{Cite journal |last=Chang |first=Stewart |date=2016-01-01 |title=Legacies of Exceptionalism and the Future of Gay Rights in Singapore |url=https://scholars.law.unlv.edu/facpub/1104 |journal=Scholarly Works}}</ref> This is linked to a phenomenon called “[[homonormativity]]”, where LGBT people mimic heteronormative standards to gain the most visibility and acceptance in society.<ref name=":17">{{Cite journal |last1=Wei |first1=Wei |last2=Yan |first2=Yunxiang |date=2021-10-20 |title=Rainbow parents and the familial model of tongzhi (LGBT) activism in contemporary China |url=https://www.tandfonline.com/doi/full/10.1080/21620555.2021.1981129 |journal=Chinese Sociological Review |language=en |volume=53 |issue=5 |pages=451–472 |doi=10.1080/21620555.2021.1981129 |s2cid=241258297 |issn=2162-0555}}</ref><ref>{{Cite journal |last1=Rowlett |first1=Benedict J. L. |last2=Go |first2=Christian |date=2021-07-16 |title=Tracing trans-regional discursive flows in Pink Dot Hong Kong promotional videos: (Homo)normativities and nationalism, activism and ambivalence |url=https://www.jbe-platform.com/content/journals/10.1075/jls.20007.row |journal=Journal of Language and Sexuality |language=en |volume=10 |issue=2 |pages=157–179 |doi=10.1075/jls.20007.row |s2cid=237674212 |issn=2211-3770}}</ref>
Scholars specialising in queer studies in Asia have claimed that this leads to a “desexualisation” of LGBT activism which pushes activist groups to become “respectfully queer”.<ref>{{Cite journal |last=Phillips |first=Robert |date=2014 |title="And I Am Also Gay": Illiberal Pragmatics, Neoliberal Homonormativity and LGBT Activism in Singapore |url=https://www.jstor.org/stable/24469640 |journal=Anthropologica |volume=56 |issue=1 |pages=45–54 |jstor=24469640 |issn=0003-5459}}</ref> It is argued that legacies of colonisation have led to “pragmatic resistance” from LGBT activists in Asia, where shame and internalised homophobia limit the extent of their fight for rights.<ref>{{Cite web |last=Hildebrandt |first=Timothy |date=2018-12-01 |title=NGOs and the success paradox: gay activism 'after' HIV/AIDS in China |url=https://eprints.lse.ac.uk/100112/ |access-date=2023-11-26 |website=eprints.lse.ac.uk |archive-date=2024-06-28 |archive-url=https://web.archive.org/web/20240628153508/https://eprints.lse.ac.uk/100112/ |url-status=live }}</ref><ref name=":16">{{Cite journal |last=Chang |first=Stewart |date=2016-01-01 |title=Legacies of Exceptionalism and the Future of Gay Rights in Singapore |url=https://scholars.law.unlv.edu/facpub/1104 |journal=Scholarly Works |access-date=2023-11-26 |archive-date=2023-11-27 |archive-url=https://web.archive.org/web/20231127020454/https://scholars.law.unlv.edu/facpub/1104/ |url-status=live }}</ref> This is linked to a phenomenon called “[[homonormativity]]”, where LGBT people mimic heteronormative standards to gain the most visibility and acceptance in society.<ref name=":17">{{Cite journal |last1=Wei |first1=Wei |last2=Yan |first2=Yunxiang |date=2021-10-20 |title=Rainbow parents and the familial model of tongzhi (LGBT) activism in contemporary China |url=https://www.tandfonline.com/doi/full/10.1080/21620555.2021.1981129 |journal=Chinese Sociological Review |language=en |volume=53 |issue=5 |pages=451–472 |doi=10.1080/21620555.2021.1981129 |s2cid=241258297 |issn=2162-0555 |access-date=2023-11-26 |archive-date=2024-05-30 |archive-url=https://web.archive.org/web/20240530145940/https://www.tandfonline.com/doi/full/10.1080/21620555.2021.1981129 |url-status=live }}</ref><ref>{{Cite journal |last1=Rowlett |first1=Benedict J. L. |last2=Go |first2=Christian |date=2021-07-16 |title=Tracing trans-regional discursive flows in Pink Dot Hong Kong promotional videos: (Homo)normativities and nationalism, activism and ambivalence |url=https://www.jbe-platform.com/content/journals/10.1075/jls.20007.row |journal=Journal of Language and Sexuality |language=en |volume=10 |issue=2 |pages=157–179 |doi=10.1075/jls.20007.row |s2cid=237674212 |issn=2211-3770 |access-date=2023-11-26 |archive-date=2023-11-26 |archive-url=https://web.archive.org/web/20231126184838/https://www.jbe-platform.com/content/journals/10.1075/jls.20007.row |url-status=live }}</ref>


This form of activism differs from typical Western LGBT activism, where groups have historically been vocal and demanding when campaigning for rights. Some have questioned whether “pragmatic” LGBT activism in Asia is successful or whether it cements homonormative practices.<ref name=":16" /><ref name=":17" />
This form of activism differs from typical Western LGBT activism, where groups have historically been vocal and demanding when campaigning for rights. Some have questioned whether “pragmatic” LGBT activism in Asia is successful or whether it cements homonormative practices.<ref name=":16" /><ref name=":17" />


However, some scholars find fault with this conclusion, explaining that it relies on Western-centric scholarship and methodologies. They claim that current analyses of LGBT activism in Asia do not capture the complexity of queer experiences and activism in a post-colonial context.<ref name=":18">{{Cite journal |last=Kong |first=Travis S.K. |date=2019 |title=Transnational queer sociological analysis of sexual identity and civic-political activism in Hong Kong, Taiwan and mainland China |url=https://onlinelibrary.wiley.com/doi/10.1111/1468-4446.12697 |journal=The British Journal of Sociology |language=en |volume=70 |issue=5 |pages=1904–1925 |doi=10.1111/1468-4446.12697 |pmid=31402452 |s2cid=199539344 |issn=0007-1315}}</ref> Dr Shana Yi, a professor at the [[University of Toronto]], explains that queer studies in Asia must be “decolonised” and scholars must recognise the “heterogeneity and plurality of global coloniality”.<ref>{{Citation |last=Ye |first=Shana |title=Queering "Postsocialist Coloniality": Decolonising queer fluidity and Postsocialist postcolonial China |date=2021 |url=https://www.taylorfrancis.com/chapters/edit/10.4324/9781003003199-6/queering-postsocialist-coloniality-shana-ye |work=Postcolonial and Postsocialist Dialogues |access-date=2023-11-26 |publisher=Routledge |doi=10.4324/9781003003199-6 |isbn=978-1-003-00319-9|s2cid=233713243 }}</ref> Baden Offord, Professor of Cultural Studies and Human Rights at [[Curtin University]], argues that this can be achieved by adopting a “counterhegemonic” approach to queer studies since it historically links Western modernisation and “globalisation as the source of sexual modernity”.<ref>{{Cite journal |last=Offord |first=Baden |date=2013 |title=Queer Activist Intersections in Southeast Asia: Human Rights and Cultural Studies |url=http://www.tandfonline.com/doi/abs/10.1080/10357823.2013.792781 |journal=Asian Studies Review |language=en |volume=37 |issue=3 |pages=335–349 |doi=10.1080/10357823.2013.792781 |s2cid=144458134 |issn=1035-7823}}</ref> Thus, it must be acknowledged that LGBT movements are "characterised by their geo-political context, history, social, religious and economic conditions”, and so LGBT activism in China cannot be studied using a Western framework.<ref name=":18" /><ref>{{Cite web |title=LGBT Rights in Southeast Asia: One Step Forward, Two Steps Back? |url=https://iafor.org/journal/iafor-journal-of-asian-studies/volume-3-issue-1/article-1/ |access-date=2023-11-26 |website=The International Academic Forum (IAFOR) |language=en-GB}}</ref>
However, some scholars find fault with this conclusion, explaining that it relies on Western-centric scholarship and methodologies. They claim that current analyses of LGBT activism in Asia do not capture the complexity of queer experiences and activism in a post-colonial context.<ref name=":18">{{Cite journal |last=Kong |first=Travis S.K. |date=2019 |title=Transnational queer sociological analysis of sexual identity and civic-political activism in Hong Kong, Taiwan and mainland China |url=https://onlinelibrary.wiley.com/doi/10.1111/1468-4446.12697 |journal=The British Journal of Sociology |language=en |volume=70 |issue=5 |pages=1904–1925 |doi=10.1111/1468-4446.12697 |pmid=31402452 |s2cid=199539344 |issn=0007-1315 |access-date=2023-11-26 |archive-date=2023-11-26 |archive-url=https://web.archive.org/web/20231126184835/https://onlinelibrary.wiley.com/doi/10.1111/1468-4446.12697 |url-status=live }}</ref> Dr Shana Yi, a professor at the [[University of Toronto]], explains that queer studies in Asia must be “decolonised” and scholars must recognise the “heterogeneity and plurality of global coloniality”.<ref>{{Citation |last=Ye |first=Shana |title=Queering "Postsocialist Coloniality": Decolonising queer fluidity and Postsocialist postcolonial China |date=2021 |url=https://www.taylorfrancis.com/chapters/edit/10.4324/9781003003199-6/queering-postsocialist-coloniality-shana-ye |work=Postcolonial and Postsocialist Dialogues |access-date=2023-11-26 |publisher=Routledge |doi=10.4324/9781003003199-6 |isbn=978-1-003-00319-9 |s2cid=233713243 |archive-date=2023-11-26 |archive-url=https://web.archive.org/web/20231126184835/https://www.taylorfrancis.com/chapters/edit/10.4324/9781003003199-6/queering-postsocialist-coloniality-shana-ye |url-status=live }}</ref> Baden Offord, Professor of Cultural Studies and Human Rights at [[Curtin University]], argues that this can be achieved by adopting a “counterhegemonic” approach to queer studies since it historically links Western modernisation and “globalisation as the source of sexual modernity”.<ref>{{Cite journal |last=Offord |first=Baden |date=2013 |title=Queer Activist Intersections in Southeast Asia: Human Rights and Cultural Studies |url=http://www.tandfonline.com/doi/abs/10.1080/10357823.2013.792781 |journal=Asian Studies Review |language=en |volume=37 |issue=3 |pages=335–349 |doi=10.1080/10357823.2013.792781 |s2cid=144458134 |issn=1035-7823 |access-date=2023-11-26 |archive-date=2024-05-30 |archive-url=https://web.archive.org/web/20240530145938/https://www.tandfonline.com/doi/abs/10.1080/10357823.2013.792781 |url-status=live }}</ref> Thus, it must be acknowledged that LGBT movements are "characterised by their geo-political context, history, social, religious and economic conditions”, and so LGBT activism in China cannot be studied using a Western framework.<ref name=":18" /><ref>{{Cite web |title=LGBT Rights in Southeast Asia: One Step Forward, Two Steps Back? |url=https://iafor.org/journal/iafor-journal-of-asian-studies/volume-3-issue-1/article-1/ |access-date=2023-11-26 |website=The International Academic Forum (IAFOR) |language=en-GB |archive-date=2023-11-26 |archive-url=https://web.archive.org/web/20231126184836/https://iafor.org/journal/iafor-journal-of-asian-studies/volume-3-issue-1/article-1/ |url-status=live }}</ref>


==Conversion therapy==
==Conversion therapy==
{{see also|Sexual orientation change efforts}}
{{see also|Sexual orientation change efforts}}


In December 2014, a Beijing court ruled in favor of Yang Teng, a gay man, in a case against a [[conversion therapy]] clinic. The court ruled against the clinic, as the treatments failed to deliver the clinic's promise in its advertisements, and ordered the clinic to pay monetary compensation to Yang, as well as take down their advertisements on conversion therapy treatments.<ref>{{cite news|url=https://www.theguardian.com/world/2014/dec/19/chinese-court-gay-straight-conversion-clinic|title=Chinese court rules 'gay cure' treatments illegal|first=Jonathan|last=Kaiman|date=19 December 2014|access-date=29 April 2017|newspaper=The Guardian}}</ref>
In December 2014, a Beijing court ruled in favor of Yang Teng, a gay man, in a case against a [[conversion therapy]] clinic. The court ruled against the clinic, as the treatments failed to deliver the clinic's promise in its advertisements, and ordered the clinic to pay monetary compensation to Yang, as well as take down their advertisements on conversion therapy treatments.<ref>{{cite news|url=https://www.theguardian.com/world/2014/dec/19/chinese-court-gay-straight-conversion-clinic|title=Chinese court rules 'gay cure' treatments illegal|first=Jonathan|last=Kaiman|date=19 December 2014|access-date=29 April 2017|newspaper=The Guardian|archive-date=18 May 2019|archive-url=https://web.archive.org/web/20190518104743/https://www.theguardian.com/world/2014/dec/19/chinese-court-gay-straight-conversion-clinic|url-status=live}}</ref>


In June 2016, Yu Hu, a gay man from [[Henan|Henan Province]], sued a hospital in the city of [[Zhumadian]] for forcing him to undergo conversion therapy.<ref>{{cite news|url=https://www.theguardian.com/world/2016/jun/14/gay-man-sues-chinese-psychiatric-hospital-over-sexuality-correction|title=Gay man sues Chinese psychiatric hospital over 'sexuality correction'|first=Tom|last=Phillips|date=14 June 2016|access-date=29 April 2017|newspaper=The Guardian}}</ref> He was awarded a public apology and monetary compensation in July 2017. However, the court did not rule the practice as illegal in its decision.<ref>{{cite web|url=https://www.bbc.com/news/world-asia-40490946|title=Gay Chinese man wins legal battle over forced conversion therapy|date=4 July 2017|publisher=BBC|access-date=26 July 2017}}</ref>
In June 2016, Yu Hu, a gay man from [[Henan|Henan Province]], sued a hospital in the city of [[Zhumadian]] for forcing him to undergo conversion therapy.<ref>{{cite news|url=https://www.theguardian.com/world/2016/jun/14/gay-man-sues-chinese-psychiatric-hospital-over-sexuality-correction|title=Gay man sues Chinese psychiatric hospital over 'sexuality correction'|first=Tom|last=Phillips|date=14 June 2016|access-date=29 April 2017|newspaper=The Guardian|archive-date=18 May 2019|archive-url=https://web.archive.org/web/20190518105652/https://www.theguardian.com/world/2016/jun/14/gay-man-sues-chinese-psychiatric-hospital-over-sexuality-correction|url-status=live}}</ref> He was awarded a public apology and monetary compensation in July 2017. However, the court did not rule the practice as illegal in its decision.<ref>{{cite web|url=https://www.bbc.com/news/world-asia-40490946|title=Gay Chinese man wins legal battle over forced conversion therapy|date=4 July 2017|publisher=BBC|access-date=26 July 2017|archive-date=18 May 2019|archive-url=https://web.archive.org/web/20190518122732/https://www.bbc.com/news/world-asia-40490946|url-status=live}}</ref>


Following these two successful rulings, LGBT groups are now calling on the Chinese Health Ministry to ban conversion therapy.<ref>{{cite web|url=http://www.sixthtone.com/news/1000883/hospital-drops-appeal-in-gay-mans-involuntary-treatment-case |title=Hospital Drops Appeal in Gay Man's Involuntary Treatment Case |publisher=Sixth Tone |date=20 September 2017}}</ref> However, as of December 2019, no effective measures have been taken by the Chinese Government to ban conversion therapy, and such treatments are being actively promoted across China.<ref name="sixthtone"/>
Following these two successful rulings, LGBT groups are now calling on the Chinese Health Ministry to ban conversion therapy.<ref>{{cite web |url=http://www.sixthtone.com/news/1000883/hospital-drops-appeal-in-gay-mans-involuntary-treatment-case |title=Hospital Drops Appeal in Gay Man's Involuntary Treatment Case |publisher=Sixth Tone |date=20 September 2017 |access-date=30 May 2024 |archive-date=18 May 2019 |archive-url=https://web.archive.org/web/20190518105703/http://www.sixthtone.com/news/1000883/hospital-drops-appeal-in-gay-mans-involuntary-treatment-case |url-status=live }}</ref> However, as of December 2019, no effective measures have been taken by the Chinese Government to ban conversion therapy, and such treatments are being actively promoted across China.<ref name="sixthtone"/>


==Public opinion and demographics==
==Public opinion and demographics==
{{see also|Recognition of same-sex unions in China#Public opinion}}
{{see also|Recognition of same-sex unions in China#Public opinion}}
According to certain estimates from 2010, about 80% to 90% of Chinese gay men were married to women.<ref name="bbc.com">[https://www.bbc.com/news/world-asia-china-36042000 China rights: Gay people pledge not to enter into sham marriages] ''BBC News''</ref> Such women are known as ''[[tongqi]]'' in Chinese ({{lang-zh|{{linktext|同妻}}}}, [[pinyin]]: ''tóngqī''). In 2012, a professor at [[Sichuan University]] committed suicide after learning that her husband was gay.<ref>[https://theconversation.com/lgbtq-rights-in-mainland-china-looking-gloomy-after-taiwans-new-ruling-on-same-sex-marriage-78695 LGBTQ rights in mainland China looking gloomy after Taiwan's new ruling on same-sex marriage] ''The Conversation''</ref><ref name="bbc.com"/>
According to certain estimates from 2010, about 80% to 90% of Chinese gay men were married to women.<ref name="bbc.com">{{cite web |url=https://www.bbc.com/news/world-asia-china-36042000 |title=China rights: Gay people pledge not to enter into sham marriages |last=Wong |first=Tessa |date=April 14, 2016 |website=BBC News |access-date=April 11, 2024 |archive-date=May 18, 2019 |archive-url=https://web.archive.org/web/20190518134843/https://www.bbc.com/news/world-asia-china-36042000 |url-status=live }}</ref> Such women are known as ''[[tongqi]]'' in Chinese ({{lang-zh|{{linktext|同妻}}}}, [[pinyin]]: ''tóngqī''). In 2012, a professor at [[Sichuan University]] committed suicide after learning that her husband was gay.<ref>{{cite web |url=https://theconversation.com/lgbtq-rights-in-mainland-china-looking-gloomy-after-taiwans-new-ruling-on-same-sex-marriage-78695 |title=LGBTQ rights in mainland China looking gloomy after Taiwan's new ruling on same-sex marriage |author=Meg Jing Zeng |date=July 3, 2017 |website=The Conversation |access-date=April 11, 2024 |archive-url=https://web.archive.org/web/20170704231127/https://theconversation.com/lgbtq-rights-in-mainland-china-looking-gloomy-after-taiwans-new-ruling-on-same-sex-marriage-78695 |archive-date=July 4, 2017}}</ref><ref name="bbc.com"/>


A 2016 survey from the [[Beijing LGBT Center]] found 5% of those who identified as LGBT had come out to everyone in their lives.<ref>{{cite web|url=https://amp.theguardian.com/world/2019/jul/05/taiwan-marriage-law-frustration-hope-lgbt-china|title=Taiwan's marriage law brings frustration and hope for LGBT China|work=The Guardian|date=5 July 2019|last=Kuo|first=Lily}}</ref>
A 2016 survey from the [[Beijing LGBT Center]] found 5% of those who identified as LGBT had come out to everyone in their lives.<ref>{{cite web|url=https://amp.theguardian.com/world/2019/jul/05/taiwan-marriage-law-frustration-hope-lgbt-china|title=Taiwan's marriage law brings frustration and hope for LGBT China|work=The Guardian|date=5 July 2019|last=Kuo|first=Lily|access-date=22 July 2019|archive-date=26 July 2019|archive-url=https://web.archive.org/web/20190726015535/https://amp.theguardian.com/world/2019/jul/05/taiwan-marriage-law-frustration-hope-lgbt-china|url-status=live}}</ref>


A September–October 2016 survey by the [[Varkey Foundation]] found that 54% of 18–21-year-olds supported same-sex marriage in China.<ref>{{cite web|url=https://www.varkeyfoundation.org/media/4487/global-young-people-report-single-pages-new.pdf|title=What The World's Young People Think And Feel|work=Varkey Foundation|date=January 2017|last1=Broadbent|first1=Emma|last2=Gougoulis|first2=John|last3=Lui|first3=Nicole|last4=Pota|first4=Vikas|first5=Jonathan|last5=Simons}}</ref>
A September–October 2016 survey by the [[Varkey Foundation]] found that 54% of 18–21-year-olds supported same-sex marriage in China.<ref>{{cite web|url=https://www.varkeyfoundation.org/media/4487/global-young-people-report-single-pages-new.pdf|title=What The World's Young People Think And Feel|work=Varkey Foundation|date=January 2017|last1=Broadbent|first1=Emma|last2=Gougoulis|first2=John|last3=Lui|first3=Nicole|last4=Pota|first4=Vikas|first5=Jonathan|last5=Simons|access-date=2021-04-24|archive-date=2019-08-20|archive-url=https://web.archive.org/web/20190820230036/https://www.varkeyfoundation.org/media/4487/global-young-people-report-single-pages-new.pdf|url-status=live}}</ref>


Opinion polls have showed growing levels of support for LGBT rights and same-sex marriage in China. A 2009 poll found that 30% of [[Beijing]]'s population supported same-sex marriage, while a 2014 poll found that 74% of Hong Kong residents favoured granting certain rights and benefits to same-sex couples.
Opinion polls have showed growing levels of support for LGBT rights and same-sex marriage in China. A 2009 poll found that 30% of [[Beijing]]'s population supported same-sex marriage, while a 2014 poll found that 74% of Hong Kong residents favoured granting certain rights and benefits to same-sex couples.


A 2017 [[University of Hong Kong]] poll found that 50.4% of Hong Kong residents supported same-sex marriage, and nearly 70% supported a law protecting LGBT people from discrimination.<ref>{{Cite web|url=https://www.scmp.com/news/hong-kong/community/article/2153635/support-same-sex-marriage-hong-kong-grows-new-study-shows|title=Study shows growing support for same-sex marriage in Hong Kong|date=July 3, 2018|website=South China Morning Post}}</ref>
A 2017 [[University of Hong Kong]] poll found that 50.4% of Hong Kong residents supported same-sex marriage, and nearly 70% supported a law protecting LGBT people from discrimination.<ref>{{Cite web|url=https://www.scmp.com/news/hong-kong/community/article/2153635/support-same-sex-marriage-hong-kong-grows-new-study-shows|title=Study shows growing support for same-sex marriage in Hong Kong|date=July 3, 2018|website=South China Morning Post|access-date=May 20, 2020|archive-date=July 7, 2019|archive-url=https://web.archive.org/web/20190707201718/https://www.scmp.com/news/hong-kong/community/article/2153635/support-same-sex-marriage-hong-kong-grows-new-study-shows|url-status=live}}</ref>


As of at least 2023, Chinese public attitudes towards the LGBTQI community continues to become increasingly favorable.<ref name=":922">{{Cite book |last=Klára |first=Dubravčíková |title=Contemporary China: a New Superpower? |publisher=[[Routledge]] |year=2023 |isbn=978-1-03-239508-1 |editor-last=Kironska |editor-first=Kristina |chapter=Living Standards and Social Issues |editor-last2=Turscanyi |editor-first2=Richard Q.}}</ref>{{Rp|page=67}}
As of at least 2023, Chinese public attitudes towards the LGBTQI community continues to become increasingly favorable.<ref name=":922">{{Cite book |last=Klára |first=Dubravčíková |title=Contemporary China: a New Superpower? |publisher=[[Routledge]] |year=2023 |isbn=978-1-03-239508-1 |editor-last=Kironska |editor-first=Kristina |chapter=Living Standards and Social Issues |editor-last2=Turscanyi |editor-first2=Richard Q.}}</ref>{{Rp|page=67}}

== Human rights reports ==
===2017 United States Department of State report===
In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in China:
*Internet Freedom
** "References to homosexuality and the scientifically accurate words for genitalia were also banned. Writers who cover lesbian, gay, bisexual, transgender, and intersex; gender; and youth health issues expressed concern over how to proceed without being shut down."<ref name="CHINA 2017 HUMAN RIGHTS REPORT">{{Cite web|last=|first=|date=April 20, 2018|title=CHINA (INCLUDES TIBET, HONG KONG, AND MACAU) 2017 HUMAN RIGHTS REPORT|url=https://www.state.gov/documents/organization/277317.pdf|url-status=live|archive-url=https://web.archive.org/web/20180420183845/https://www.state.gov/documents/organization/277317.pdf|archive-date=April 20, 2018|access-date=2021-01-26|website=}}</ref>
*Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
** "No laws criminalize private consensual same-sex activities between adults. Due to societal discrimination and pressure to conform to family expectations, however, most lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons refrained from publicly discussing their sexual orientation or gender identity. Individuals and organizations working on LGBTI issues continued to report discrimination and harassment from authorities similar to that experienced by other organizations that accept funding from overseas.
** Despite reports of domestic violence among LGBTI couples, the regulations on domestic violence and the Family Violence Law do not include same-sex partnerships, giving LGBTI victims of domestic violence less legal recourse than heterosexual victims.
** A court in Henan Province in July ruled that a mental hospital in Zhumadian City owed a gay man named Wu 5000 yuan ($735) in compensation over being forced against his will in 2015 into "conversion therapy". Hospital employees forced Wu to take medicine and injections for 19 days after diagnosing him with a "sexual preference disorder".
** NGOs working on LGBTI issues reported that although public advocacy work became more difficult for them in light of the Foreign NGO Management Law and the Domestic Charity Law, they made some progress in advocating for LGBTI rights through specific antidiscrimination cases. In July a court ruled in favor of a transgender man in his suit against his former employer for wrongful termination.
** Xi'an police detained nine members of the gay advocacy group Speak Out hours before the conference it was hosting was slated to start."<ref name="CHINA 2017 HUMAN RIGHTS REPORT" />


==Summary table==
==Summary table==
{{Update section|date=June 2024}}
{| class="wikitable"
{| class="wikitable"
|-
|-
| Same-sex sexual activity legal
| Same-sex sexual activity legal
| [[File:Yes check.svg|15px|Yes]] (Since 1997)<ref name=":12">{{Cite web|date=2020-12-21|title='Room for improvement': China's record on LGBTQ rights|url=https://www.scmp.com/lifestyle/family-relationships/article/3114633/lgbtq-people-china-picture-mixed-global-report-finds|access-date=2021-03-07|website=South China Morning Post|language=en}}</ref>
| [[File:Yes check.svg|15px|Yes]] (Since 1997)<ref name=":12">{{Cite web|date=2020-12-21|title='Room for improvement': China's record on LGBTQ rights|url=https://www.scmp.com/lifestyle/family-relationships/article/3114633/lgbtq-people-china-picture-mixed-global-report-finds|access-date=2021-03-07|website=South China Morning Post|language=en|archive-date=2021-08-31|archive-url=https://web.archive.org/web/20210831224531/https://www.scmp.com/lifestyle/family-relationships/article/3114633/lgbtq-people-china-picture-mixed-global-report-finds|url-status=live}}</ref>
|-
|-
| Equal age of consent (14)
| Equal age of consent (14)
| [[File:Yes check.svg|15px|Yes]]<ref>{{Cite journal|last1=Zhu|first1=Guangxing|last2=van der Aa|first2=Suzan|date=2017-12-01|title=A comparison of the gender-specificity of age of consent legislation in Europe and China: Towards a gender-neutral age of consent in China?|journal=European Journal on Criminal Policy and Research|language=en|volume=23|issue=4|pages=523–537|doi=10.1007/s10610-017-9353-2|s2cid=148825203|issn=1572-9869|url=https://research.tilburguniversity.edu/en/publications/b809115f-a275-4597-b245-2e8428fc6e0b |quote=A male who has sexual intercourse with a girl under the age of 14 will be charged with rape and the maximum punishment could be life imprisonment or even a death penalty. As to the other kinds of sexual engagement with children under the age of 14, no matter whether heterosexual or homosexual, the perpetrator will be charged with child molestation, the maximum punishment of which is just 15 years of imprisonment...}}</ref>
| [[File:Yes check.svg|15px|Yes]]<ref>{{Cite journal|last1=Zhu|first1=Guangxing|last2=van der Aa|first2=Suzan|date=2017-12-01|title=A comparison of the gender-specificity of age of consent legislation in Europe and China: Towards a gender-neutral age of consent in China?|journal=European Journal on Criminal Policy and Research|language=en|volume=23|issue=4|pages=523–537|doi=10.1007/s10610-017-9353-2|s2cid=148825203|issn=1572-9869|url=https://research.tilburguniversity.edu/en/publications/b809115f-a275-4597-b245-2e8428fc6e0b|quote=A male who has sexual intercourse with a girl under the age of 14 will be charged with rape and the maximum punishment could be life imprisonment or even a death penalty. As to the other kinds of sexual engagement with children under the age of 14, no matter whether heterosexual or homosexual, the perpetrator will be charged with child molestation, the maximum punishment of which is just 15 years of imprisonment...|access-date=2023-08-28|archive-date=2024-05-30|archive-url=https://web.archive.org/web/20240530145943/https://research.tilburguniversity.edu/en/publications/a-comparison-of-the-gender-specificity-of-age-of-consent-legislat|url-status=live}}</ref>
|-
|-
| Freedom of expression
| Freedom of expression
| [[File:X mark.svg|15px|No]] (some [[Media portrayal of LGBT people|gay themes in media]] — including social media — [[Censorship of LGBT issues#China|are censored]])<ref>{{Cite journal|last=Burki|first=Talha|date=2017-04-01|title=Health and rights challenges for China's LGBT community|url=https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(17)30837-1/abstract|journal=The Lancet|language=English|volume=389|issue=10076|page=1286|doi=10.1016/S0140-6736(17)30837-1|issn=0140-6736|pmid=28379143|s2cid=45700706}}</ref><ref name=":3" /><ref name=":12"/><ref>{{Cite web|author=Analysis by James Griffiths|date=2019-04-17|title=Can you be gay online in China? Social media companies aren't sure|url=https://www.cnn.com/2019/04/17/tech/weibo-china-censorship-lgbt-intl/index.html|access-date=2021-03-07|website=CNN|language=en}}</ref><ref>{{Cite web|date=2018-04-16|title=China's Weibo reverses ban on 'homosexual' content after outcry|url=http://www.theguardian.com/world/2018/apr/16/china-weibo-bans-homosexual-content-protest|access-date=2021-03-07|website=the Guardian|language=en}}</ref><ref>{{Cite web|last=Davis|first=Rebecca|date=2020-06-05|title=China's Gay Rights Stance Can't Derail Demand for LGBT Films|url=https://variety.com/2020/film/asia/lgbt-movies-china-gay-rights-1234625634/|access-date=2021-03-08|website=Variety|language=en-US}}</ref>
| [[File:X mark.svg|15px|No]] (some [[Media portrayal of LGBT people|gay themes in media]] — including social media — [[Censorship of LGBT issues#China|are censored]])<ref>{{Cite journal|last=Burki|first=Talha|date=2017-04-01|title=Health and rights challenges for China's LGBT community|url=https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(17)30837-1/abstract|journal=The Lancet|language=English|volume=389|issue=10076|page=1286|doi=10.1016/S0140-6736(17)30837-1|issn=0140-6736|pmid=28379143|s2cid=45700706|access-date=2021-03-07|archive-date=2024-05-30|archive-url=https://web.archive.org/web/20240530145952/https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(17)30837-1/abstract|url-status=live}}</ref><ref name=":3" /><ref name=":12"/><ref>{{Cite web|author=Analysis by James Griffiths|date=2019-04-17|title=Can you be gay online in China? Social media companies aren't sure|url=https://www.cnn.com/2019/04/17/tech/weibo-china-censorship-lgbt-intl/index.html|access-date=2021-03-07|website=CNN|language=en|archive-date=2024-06-28|archive-url=https://web.archive.org/web/20240628153504/https://www.cnn.com/2019/04/17/tech/weibo-china-censorship-lgbt-intl/index.html|url-status=live}}</ref><ref>{{Cite web|date=2018-04-16|title=China's Weibo reverses ban on 'homosexual' content after outcry|url=http://www.theguardian.com/world/2018/apr/16/china-weibo-bans-homosexual-content-protest|access-date=2021-03-07|website=the Guardian|language=en|archive-date=2024-06-28|archive-url=https://web.archive.org/web/20240628153507/https://www.theguardian.com/world/2018/apr/16/china-weibo-bans-homosexual-content-protest|url-status=live}}</ref><ref>{{Cite web|last=Davis|first=Rebecca|date=2020-06-05|title=China's Gay Rights Stance Can't Derail Demand for LGBT Films|url=https://variety.com/2020/film/asia/lgbt-movies-china-gay-rights-1234625634/|access-date=2021-03-08|website=Variety|language=en-US|archive-date=2020-10-30|archive-url=https://web.archive.org/web/20201030135626/https://variety.com/2020/film/asia/lgbt-movies-china-gay-rights-1234625634/|url-status=live}}</ref>Since 2022, some places have regarded LGBT-themed publications as targets for crackdown and removal<ref>{{Cite web |date=2022-05-07 |title=2022年全省侵权盗版及非法出版物集中销毁活动暨"绿书签行动"系列宣传活动启动仪式在厦门举行 |url=http://www.fjxuanchuan.cn/ztzl/dhsf/bstj/202205/t20220507_6254.htm |website=福建宣传 |access-date=2024-06-13 |archive-date=2022-12-10 |archive-url=https://web.archive.org/web/20221210043721/http://www.fjxuanchuan.cn/ztzl/dhsf/bstj/202205/t20220507_6254.htm |url-status=live }}</ref><ref>{{Cite web |title=2022年葛根庙镇"扫黄打非"行动方案 - 维基文库,自由的图书馆 |url=https://zh.wikisource.org/wiki/2022%E5%B9%B4%E8%91%9B%E6%A0%B9%E5%BA%99%E9%95%87%E2%80%9C%E6%89%AB%E9%BB%84%E6%89%93%E9%9D%9E%E2%80%9D%E8%A1%8C%E5%8A%A8%E6%96%B9%E6%A1%88 |access-date=2024-06-12 |website=zh.wikisource.org |language=zh |archive-date=2024-06-12 |archive-url=https://web.archive.org/web/20240612023543/https://zh.wikisource.org/wiki/2022%E5%B9%B4%E8%91%9B%E6%A0%B9%E5%BA%99%E9%95%87%E2%80%9C%E6%89%AB%E9%BB%84%E6%89%93%E9%9D%9E%E2%80%9D%E8%A1%8C%E5%8A%A8%E6%96%B9%E6%A1%88 |url-status=live }}</ref><ref>{{Cite web |date=2022-05-20 |title=沙湾区嘉农镇中心小学开展未成年人有害出版物专项整治活动 |url=https://lssjyj.leshan.gov.cn/sjyj/qxdt/202205/b9603e051258425bbfbcdee9090342fb.shtml |access-date=2024-06-12 |website=乐山市教育局 |archive-date=2024-06-28 |archive-url=https://web.archive.org/web/20240628153410/https://lssjyj.leshan.gov.cn/sjyj/qxdt/202205/b9603e051258425bbfbcdee9090342fb.shtml |url-status=live }}</ref><ref>{{Cite web |title=射阳县开展"护苗2022"校园周边文化市场专项检查 |url=http://mp.weixin.qq.com/s?__biz=MzIwNTYxOTg2MA==&mid=2247549144&idx=4&sn=7260d8b41171b2f889325f70b740d495&chksm=972c5723a05bde359c302a36f14087c2dde28a90457fcc9bedbcc50b2fcaa7ff85594766f9f6#rd |access-date=2024-06-12 |website=微信公众平台 |archive-date=2024-06-28 |archive-url=https://web.archive.org/web/20240628153407/https://mp.weixin.qq.com/s?__biz=MzIwNTYxOTg2MA==&mid=2247549144&idx=4&sn=7260d8b41171b2f889325f70b740d495&chksm=972c5723a05bde359c302a36f14087c2dde28a90457fcc9bedbcc50b2fcaa7ff85594766f9f6#rd |url-status=live }}</ref>
|-
|-
| Anti-discrimination laws in employment
| Anti-discrimination laws in employment
| [[File:X mark.svg|15px|No]] Not covered, one exemption of the Chinese Government allowing transgender protection has been noted but otherwise LGBT are not protected<ref name=":2">{{Cite news|date=2020-08-01|title=A Chinese trans woman wins a surprising legal victory|newspaper=The Economist|url=https://www.economist.com/china/2020/08/01/a-chinese-trans-woman-wins-a-surprising-legal-victory|access-date=2021-03-07|issn=0013-0613}}</ref><ref>{{Cite web|date=2017-07-27|title=Transgender Chinese man says he's won job bias lawsuit|url=https://apnews.com/article/49dcbae60c2b48d3a3c3af8adcc0a922|access-date=2021-03-07|website=AP NEWS}}</ref>
| [[File:X mark.svg|15px|No]] Not covered, one exemption of the Chinese Government allowing transgender protection has been noted but otherwise LGBT are not protected<ref name=":2">{{Cite news|date=2020-08-01|title=A Chinese trans woman wins a surprising legal victory|newspaper=The Economist|url=https://www.economist.com/china/2020/08/01/a-chinese-trans-woman-wins-a-surprising-legal-victory|access-date=2021-03-07|issn=0013-0613|archive-date=2021-07-28|archive-url=https://web.archive.org/web/20210728002559/https://www.economist.com/china/2020/08/01/a-chinese-trans-woman-wins-a-surprising-legal-victory|url-status=live}}</ref><ref>{{Cite web|date=2017-07-27|title=Transgender Chinese man says he's won job bias lawsuit|url=https://apnews.com/article/49dcbae60c2b48d3a3c3af8adcc0a922|access-date=2021-03-07|website=AP NEWS|archive-date=2021-07-19|archive-url=https://web.archive.org/web/20210719085601/https://apnews.com/article/49dcbae60c2b48d3a3c3af8adcc0a922|url-status=live}}</ref>
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|Anti-discrimination laws in education
|Anti-discrimination laws in education
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| Same-sex marriage(s)
| Same-sex marriage(s)
| [[File:X mark.svg|15px|No]]<ref name=":4">{{Cite news|title=In China, Kids Of Unwed Mothers May Be Barred From Public Health Care, Education|url=https://www.npr.org/2019/11/06/775388226/in-china-kids-of-unwed-mothers-may-be-barred-from-public-health-care-education|access-date=2021-03-07|website=NPR.org|language=en}}</ref><ref name=":5">{{Cite web|last1=Wang|first1=Wilfred Yang|last2=Chen|first2=Xu|title=How China is legally recognising same-sex couples, but not empowering them|url=http://theconversation.com/how-china-is-legally-recognising-same-sex-couples-but-not-empowering-them-122270|access-date=2021-03-07|website=[[The Conversation (website)|The Conversation]]|date=2 October 2019 |language=en}}</ref><ref name=":12"/>
| [[File:X mark.svg|15px|No]]<ref name=":4">{{Cite news|title=In China, Kids Of Unwed Mothers May Be Barred From Public Health Care, Education|url=https://www.npr.org/2019/11/06/775388226/in-china-kids-of-unwed-mothers-may-be-barred-from-public-health-care-education|access-date=2021-03-07|website=NPR.org|language=en|archive-date=2021-03-08|archive-url=https://web.archive.org/web/20210308140012/https://www.npr.org/2019/11/06/775388226/in-china-kids-of-unwed-mothers-may-be-barred-from-public-health-care-education|url-status=live}}</ref><ref name=":5">{{Cite web|last1=Wang|first1=Wilfred Yang|last2=Chen|first2=Xu|title=How China is legally recognising same-sex couples, but not empowering them|url=http://theconversation.com/how-china-is-legally-recognising-same-sex-couples-but-not-empowering-them-122270|access-date=2021-03-07|website=[[The Conversation (website)|The Conversation]]|date=2 October 2019|language=en|archive-date=2021-03-16|archive-url=https://web.archive.org/web/20210316063006/https://theconversation.com/how-china-is-legally-recognising-same-sex-couples-but-not-empowering-them-122270|url-status=live}}</ref><ref name=":12"/>
|-
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| Recognition of same-sex couples
| Recognition of same-sex couples
| [[File:X mark.svg|15px|No]]/[[File:Yes check.svg|15px|Yes]] (Similar but inequal "guardianship" status is legal and in use by same-sex couples)<ref name=":12" /><ref name=":1">{{Cite web|last=Wanqing|first=Zhang|date=2021-04-21|title=LGBT Couples Not Entitled to Full Property Rights, Court Rules|url=http://www.sixthtone.com/news/1007286/lgbt-couples-not-entitled-to-full-property-rights,-court-rules |access-date=2021-04-22|website=[[Sixth Tone]]|language=en}}</ref><ref name=":5" />
| [[File:X mark.svg|15px|No]]/[[File:Yes check.svg|15px|Yes]] (Similar but inequal "guardianship" status is legal and in use by same-sex couples)<ref name=":12" /><ref name=":1">{{Cite web|last=Wanqing|first=Zhang|date=2021-04-21|title=LGBT Couples Not Entitled to Full Property Rights, Court Rules|url=http://www.sixthtone.com/news/1007286/lgbt-couples-not-entitled-to-full-property-rights,-court-rules|access-date=2021-04-22|website=[[Sixth Tone]]|language=en|archive-date=2021-04-22|archive-url=https://web.archive.org/web/20210422061159/http://www.sixthtone.com/news/1007286/lgbt-couples-not-entitled-to-full-property-rights,-court-rules|url-status=live}}</ref><ref name=":5" />
|-
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| Stepchild adoption by same-sex couples
| Stepchild adoption by same-sex couples
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|Transgender people allowed to serve in the military
|Transgender people allowed to serve in the military
|[[File:X mark.svg|15px|No]] (Physical health requirements effectively bar transgender people have undergone or undergoing medical transition from serving)<ref>{{Cite web|title=《应征公民体格检查标准》摘要|url=https://www.gfbzb.gov.cn/zbbm/zcfg/byfg/tjbz.shtml|access-date=2021-08-25|website=www.gfbzb.gov.cn}}</ref>
|[[File:X mark.svg|15px|No]] (Physical health requirements effectively bar transgender people who have undergone or are undergoing medical transition from serving)<ref>{{Cite web|title=《应征公民体格检查标准》摘要|url=https://www.gfbzb.gov.cn/zbbm/zcfg/byfg/tjbz.shtml|access-date=2021-08-25|website=www.gfbzb.gov.cn|archive-date=2021-08-25|archive-url=https://web.archive.org/web/20210825005016/https://www.gfbzb.gov.cn/zbbm/zcfg/byfg/tjbz.shtml|url-status=live}}</ref>
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| [[Transgender in China#Laws regarding gender reassignment|Right to change legal gender]]
| [[Transgender in China#Laws regarding gender reassignment|Right to change legal gender]]
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| Right to change the gender information of educational attainments and academic degrees
| Right to change the gender information of educational attainments and academic degrees
|[[File:X mark.svg|15px|No]]/[[File:Yes check.svg|15px|Yes]] (Difficult<ref>{{cite web |title=跨性别者手术后:历时半年终于修改学历 就业遭歧视 |url=https://www.sohu.com/a/362100660_120146415 |website=搜狐 |access-date=2022-02-09 |date=2019-12-23}}</ref> and no legal procedure,<ref>{{cite press release|title=变性人群体真实生态:唯学历证明无法修改性别|publisher=搜狐|date=2012-06-20|url=http://news.sohu.com/20120620/n346142516.shtml|language=zh-cn|access-date=2022-02-09|author=王若翰|archive-url=https://web.archive.org/web/20140812205346/http://news.sohu.com/20120620/n346142516.shtml|archive-date=2014-08-12}}</ref> which has caused discrimination against well-educated trans women.)
|[[File:X mark.svg|15px|No]]/[[File:Yes check.svg|15px|Yes]] (Difficult<ref>{{cite web |title=跨性别者手术后:历时半年终于修改学历 就业遭歧视 |url=https://www.sohu.com/a/362100660_120146415 |website=搜狐 |access-date=2022-02-09 |date=2019-12-23 |archive-date=2021-03-25 |archive-url=https://web.archive.org/web/20210325032411/https://www.sohu.com/a/362100660_120146415 |url-status=live }}</ref> and no legal procedure,<ref>{{cite press release|title=变性人群体真实生态:唯学历证明无法修改性别|publisher=搜狐|date=2012-06-20|url=http://news.sohu.com/20120620/n346142516.shtml|language=zh-cn|access-date=2022-02-09|author=王若翰|archive-url=https://web.archive.org/web/20140812205346/http://news.sohu.com/20120620/n346142516.shtml|archive-date=2014-08-12}}</ref> which has caused discrimination against well-educated trans women.)
|-
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|[[Third gender]] option
|[[Third gender]] option
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|Conversion therapy banned by law
|Conversion therapy banned by law
| [[File:X mark.svg|15px|No]] (Still in practice<ref name="Human Rights Watch" /><ref name=":12"/><ref name=":3" /> — with some legal precedent against forced conversion therapy)<ref>{{Cite news|last=|first=|date=2019-11-21|title=Many LGBT people in China forced into illegal 'conversion therapy': groups|language=en|work=Reuters|url=https://www.reuters.com/article/us-china-lgbt-health-idUSKBN1XV113|access-date=2021-03-07}}</ref><ref>{{Cite web|date=2017-07-10|title=China Court Rules Against Forced Conversion Therapy|url=https://www.hrw.org/news/2017/07/11/china-court-rules-against-forced-conversion-therapy|access-date=2021-03-07|website=Human Rights Watch|language=en}}</ref>
| [[File:X mark.svg|15px|No]] (Still in practice<ref name="Human Rights Watch" /><ref name=":12"/><ref name=":3" /> — with some legal precedent against forced conversion therapy)<ref>{{Cite news|last=|first=|date=2019-11-21|title=Many LGBT people in China forced into illegal 'conversion therapy': groups|language=en|work=Reuters|url=https://www.reuters.com/article/us-china-lgbt-health-idUSKBN1XV113|access-date=2021-03-07|archive-date=2021-03-07|archive-url=https://web.archive.org/web/20210307025719/https://www.reuters.com/article/us-china-lgbt-health-idUSKBN1XV113|url-status=live}}</ref><ref>{{Cite web|date=2017-07-10|title=China Court Rules Against Forced Conversion Therapy|url=https://www.hrw.org/news/2017/07/11/china-court-rules-against-forced-conversion-therapy|access-date=2021-03-07|website=Human Rights Watch|language=en|archive-date=2021-02-01|archive-url=https://web.archive.org/web/20210201020829/https://www.hrw.org/news/2017/07/11/china-court-rules-against-forced-conversion-therapy|url-status=live}}</ref>
|-
|-
| Access to IVF for lesbian couples
| Access to IVF for lesbian couples
| [[File:Emblem-question.svg|15px|Unknown]] (Legally requires a marriage certificate in public hospitals — may be ''de facto'' accessible in private hospitals)<ref name=":4" /><ref>{{Cite web|date=2019-03-15|title=Xiao Chen thought her twins were a perfect ending, but it was the start of another nightmare|url=https://www.abc.net.au/news/2019-03-16/ivf-single-women-and-lesbians-in-china/10903864|access-date=2021-03-07|website=www.abc.net.au|language=en-AU}}</ref>
| [[File:Emblem-question.svg|15px|Unknown]] (Legally requires a marriage certificate in public hospitals — may be ''de facto'' accessible in private hospitals)<ref name=":4" /><ref>{{Cite web|date=2019-03-15|title=Xiao Chen thought her twins were a perfect ending, but it was the start of another nightmare|url=https://www.abc.net.au/news/2019-03-16/ivf-single-women-and-lesbians-in-china/10903864|access-date=2021-03-07|website=ABC|language=en-AU|archive-date=2021-03-01|archive-url=https://web.archive.org/web/20210301054102/https://www.abc.net.au/news/2019-03-16/ivf-single-women-and-lesbians-in-china/10903864|url-status=live}}</ref>
|-
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|Automatic parenthood for both spouses after birth
|Automatic parenthood for both spouses after birth
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| [[Men who have sex with men|MSM]] allowed to donate blood
| [[Men who have sex with men|MSM]] allowed to donate blood
| [[File:X mark.svg|15px|No]] (As of 2012)<ref>{{Cite web|last1=McAdam|first1=Christopher|last2=Parker|first2=Logan|date=2014|title=An Antiquated Perspective: Lifetime Ban for MSM Blood Donations No Longer Global Norm|url=https://via.library.depaul.edu/cgi/viewcontent.cgi?article=1006&context=jhcl|access-date=2021-03-07|website=DePaul Journal of Health Care Law}}</ref>
| [[File:X mark.svg|15px|No]] (As of 2012)<ref>{{Cite web|last1=McAdam|first1=Christopher|last2=Parker|first2=Logan|date=2014|title=An Antiquated Perspective: Lifetime Ban for MSM Blood Donations No Longer Global Norm|url=https://via.library.depaul.edu/cgi/viewcontent.cgi?article=1006&context=jhcl|access-date=2021-03-07|website=DePaul Journal of Health Care Law|archive-date=2021-07-19|archive-url=https://web.archive.org/web/20210719085602/https://via.library.depaul.edu/cgi/viewcontent.cgi?article=1006&context=jhcl|url-status=live}}</ref>
|}
|}



Revision as of 11:47, 26 August 2024

LGBTQ rights in the People's Republic of China
Territory controlled by the People's Republic of China shown in dark green; territory claimed but not controlled shown in light green
StatusLegal since 1997 [1]
Gender identityLegal with Surgery
MilitaryUnknown
Family rights
Recognition of relationshipsLegal Guardianship System since 2017
AdoptionIllegal

Lesbian, gay, bisexual, and transgender (LGBT) people in the People's Republic of China (PRC) face legal and social challenges that are not experienced by non-LGBT residents. While both male and female same-sex sexual activity are legal, same-sex couples are currently unable to marry or adopt, and households headed by such couples are ineligible for the same legal protections available to heterosexual couples. No explicit anti-discrimination protections for LGBT people are present in its legal system, nor do hate crime laws cover sexual orientation or gender identity.

Homosexuality and homoeroticism in China have been documented since ancient times. Historical discrimination towards homosexuality in much of the region include the ban on homosexual acts enforced by Genghis Khan in the Mongol Empire, which made male homosexuality punishable by death.[2][3]

As early as the 17th century, the Manchu–ruled Qing courts began to use the term jījiān (雞姦) for homosexual anal intercourse. In 1740, an anti-homosexual decree was promulgated, defining voluntarily homosexual intercourse between adults as illegal. The punishment allegedly included a month in prison and 80 heavy blows with heavy bamboo.[4] Homosexuality was Legal during Maoist China (1949–1976).[5] In the 1980s, the subject of homosexuality reemerged in the public domain and gay identities and communities have expanded in the public eye since then. However, the studies note that public discourse in China appears uninterested and, at best, ambivalent about homosexuality, and traditional sentiments on family obligations and discrimination remains a significant factor deterring same-sex attracted people from coming out.[5]

Since the late 2010s, authorities have avoided showing homosexual relationships on public television, as well as showing effeminate men in general.[6] Under the Xi Jinping administration, LGBT venues and events have been forced to shut and LGBT rights activists have become subject to greater scrutiny by the country's system of mass surveillance.[7][8]

History and timeline

Ancient China

Buddhism and Taoism are not known to have been homophobic.[9][undue weight?discuss] Indic philosophy preferred celibacy to procreation, as opposed to both western and Sinic philosophy which championed procreation and marriage.[10][11] Confucianism on the other hand explicitly prohibited homosexual marriage.[12][13]

Shang dynasty

The earliest records of homosexuality and same-sex relations in China date from the Shang dynasty era (c. 16th to 11th century BCE). The term luan feng was used to describe homosexuality. No records of lesbian relations exist, however. In this time, homosexuality was largely viewed with indifference and usually treated with openness.[14]

Zhou dynasty

Several stories of homosexual love during the Zhou dynasty (c. 1046–256 BCE) are well known, even to this day. One such story refers to Duke Xian of Jin (reigned 676–651 BCE) planting a handsome young man in a rival's court in order to influence the other ruler with the young man's sexual charm and to give him bad advice.[15] A more exalted example is the relationship of Mi Zixia (彌子瑕) and Duke Ling of Wei (衛靈公). Mizi Xia's sharing of an especially delicious peach with his lover was referenced by later writers as yútáo (餘桃), or "the leftover peach". Another example of homosexuality at the highest level of society from the Warring States period is the story of King Anxi of Wei and his lover Lord Long Yang.[16]

Homosexuality was widely referenced during this period through popular literature. Poet Qu Yuan is said to have expressed his love for the ruling monarch, King Huai of Chu, through several of this works, most notably "Li Sao" and "Longing for Beauty".[14]

Imperial China

Han dynasty

Two young Chinese men drinking tea, reading poems, and having sex. The receptive partner would typically be lighter in skin colour to reflect his "femininity".

Homosexuality and homoeroticism were common and accepted during the Han dynasty (202 BCE - 220 CE). Emperor Ai of Han is one of the most famous Chinese emperors to have engaged in same-sex sexual activity. Historians characterize the relationship between Emperor Ai and his male lover Dong Xian as "the passion of the cut sleeve" (斷袖之癖, duànxiù zhī pì) after a story that one afternoon after falling asleep for a nap on the same bed, Emperor Ai cut off Dong Xian's sleeve (in a piece of clothing they were sharing) rather than disturb him when he had to get out of bed. Dong was noted for his relative simplicity contrasted with the highly ornamented court, and was given progressively higher and higher posts as part of the relationship, eventually becoming the supreme commander of the armed forces by the time of Emperor Ai's death.[17]

It was also during this period that one of the first mentions of female homosexuality surfaced. A historian in the Eastern Han dynasty, Ying Shao, made observations regarding several Imperial Palace women forming homosexual attachments with one another, in a relationship titled duishi (對食, a term interpreted to refer to reciprocal cunnilingus), in which the two acted as a married couple.[14]

Liu Song dynasty

Writings from the Liu Song dynasty era (420–479 CE) claim that homosexuality was as common as heterosexuality. It is said that men engaged so often in homosexual activity, that unmarried women became jealous.[18]

Tang dynasty

During the Tang dynasty (618–907 CE) era, there were traditions of pederastic same-sex relationships, typically in Buddhist temples, among a young boy and an adult man. Lesbian relationships also commonly occurred in Buddhist nunneries, as many Buddhist nuns sought relationships with one another. Taoist nuns meanwhile were recorded as having exchanged many upon many love poems to one another.[14]

Song dynasty

The earliest law against homosexual prostitution in China dates from the Zhenghe era (政和, 1111–1118) of Emperor Zhao Ji (趙佶) in the Song dynasty (960–1279), punishing nánchāng (男娼), young males who act as prostitutes, with a punishment of 100 blows with heavy bamboo and a fine of 50,000 cash. Another text from the Song dynasty prohibits the offense of bu nan (Chinese: 不男; lit. '[being] not man', crossdressing).[19] They were never enforced.[14]

Ming dynasty

In addition to having relationships with men, the Zhengde Emperor also had many relationships with women. He sought the daughters of many of his officials. The Tianqi Emperor is believed to have had two private palaces, one for his female lovers and one for his male lovers.[14] During this era, lesbian sexual practices became meeting the rapidly rising trend of "sapphism", which were created all in the name of pleasure. This included, but was not limited to the acts of frottage, cunnilingus and mutual masturbation.[14]

Chinese homosexuals did not experience persecution which would compare to that experienced by homosexuals in Christian Europe during the Middle Ages, and in some areas, particularly among the merchant classes, same-sex love was particularly appreciated. There was a stereotype in the late Ming dynasty that the province of Fujian was the only place where homosexuality was prominent,[20] but Xie Zhaozhe (1567–1624) wrote that "from Jiangnan and Zhejiang to Beijing and Shanxi, there is none that does not know of this fondness."[20] European Jesuit missionaries such as Matteo Ricci took note of what they deemed "unnatural perversions", distressed over its often open and public nature.[21] Historian Timothy Brook writes that abhorrence of sexual norms went both ways, since "the celibate Jesuits were rich food for sexual speculation among the Chinese."[20] Chinese writers typically made fun of these men, insisting that the only reason they condemned homosexuality was because they were forced to refrain from sexual pleasure as they were celibate.[14][22]

The first statute specifically prohibiting same-sex sexual intercourse was enacted in the Jiajing era (嘉靖, 1522–1567) of Emperor Zhu Houcong (朱厚熜) in 1546.[19] Despite this, homosexuality was still commonly accepted and practiced, providing that the men produced heirs and married women later on. Homosexuality was even viewed as "luxurious" by middle classes.[14]

Qing dynasty

Anal sex between two males being viewed. Painting. Qing-Dynasty. 18th Century

By 1655, Qing courts began to use the term jījiān (雞姦) for homosexual anal intercourse. Society began to emphasise strict obedience to the social order, which referred to a relationship between husband and wife. In 1740, an anti-homosexual decree was promulgated, defining voluntarily homosexual intercourse between adults as illegal. Though there were no records on the effectiveness of this decree, it was the first time homosexuality had been subject to legal proscription in China. The punishment, which included a month in prison and 100 heavy blows with heavy bamboo, was actually the lightest punishment which existed in the Qing legal system.[14]

Modern China

Republic of China

In 1912, the Xinhai Revolution toppled the Qing dynasty and its explicit prohibition of ji jian was abolished by the succeeding states.[1]

Heteronormativity and intolerance of gays and lesbians became more mainstream through the Westernization efforts of the early Republic of China.[23]

People's Republic of China

Homosexuality was largely invisible during the Mao era.[5] During the Cultural Revolution (1966 to 1976), homosexuals were regarded as "disgraceful" and "undesirable", and heavily persecuted.[24][25]

All mentions to homosexuality in criminal law were removed in 1997. The Chinese Society of Psychiatry declassified homosexuality as a mental disorder in 2001 but still claims that a person could be conflicted or suffering from mental problems due to their sexuality.[26] However, such change is yet to be reflected by the regulations of National Health and Family Planning Commission,[27] a government branch that controls all regulations of health care services in China, which has resulted in psychiatric facilities and psychiatry education textbooks across the country still de facto considering homosexuality as a mental disorder and continuing to offer conversion therapy treatments.[1][28][29] Transgender identity is still classified as a disorder despite laws allowing legal gender changes.[30] In 2021, a court in Jiangsu upheld a ruling that a description of homosexuality as a mental disorder in a 2013 edition of a university textbook was a result of "perceptual differences", rather than factual error.[31] According to the South China Morning Post, the textbook is used by a number of Chinese universities.[32]

In July 2021, a number of LGBT accounts run by university students on WeChat were deleted, with messages saying that the accounts "had violated regulations on the management of accounts offering public information service on the Chinese internet".[33] A 2016 UNDP survey indicated that less than five percent of LGBT people are fully out at school, work, or in their religious community, while about fifteen percent are out to their families.[34][35] Under the Xi Jinping administration, LGBT rights activists have been subject to increased scrutiny by the country's system of mass surveillance.[8]

Recognition of same-sex relationships

The Marriage Law of the People's Republic of China (Chinese: 中华人民婚姻, pinyin: Zhōnghuá Rénmín Gònghéguó Hūnyīn Fǎ), adopted at the third session of the Fifth National People's Congress on September 10, 1980, defines marriage as a union between a man and a woman.[36][37]

On 5 January 2016, a court in Changsha, southern Hunan Province, agreed to hear a lawsuit filed in December 2015 against the Bureau of Civil Affairs of Furong District. This was the first case to litigate gay marriage rights in mainland China.[38] The lawsuit was filed by 26-year-old Sun Wenlin, who in June 2015 had been refused permission by the bureau to marry his 36-year-old partner, Hu Mingliang.[39] On 13 April 2016, with hundreds of same-sex marriage supporters outside, the Changsha court ruled against Sun, who said he would appeal.[40] On 17 May 2016, Sun and Hu were married in a private ceremony in Changsha, expressing their intention to organize another 99 same-sex weddings across the country in order to normalize same-sex marriage in China.[41]

In October 2017, the National People's Congress amended Chinese law so that "all adults of full capacity are given the liberty of appointing their own guardians by mutual agreement." The system, variously called "legal guardianship" or "guardianship agreement", permits same-sex partners to make important decisions about medical and personal care, death and funeral, property management, and maintenance of rights and interests. In case one partner loses the ability to make crucial decisions (i.e. mental or physical illness or accident), their guardian may decide for them in their best interest. Their legal relationship can also include wealth and inheritance, or pension, depending on which additional legal documents the couple decides to sign, such as a will.[42]

On 12 April 2021, the Shenyang Intermediate People's Court in Liaoning province ruled that a 79-year-old woman could not sue her female partner of 50 years, whom she accused of stealing 294,000 yuan from her bank account, because their relationship is not recognized as a marriage in China.[43]

Beijing

Beijing currently provides dependent residency status to the same-sex partners of legal residents, such as expats.[44]

Hong Kong

Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children.

On 5 September 2023, the Hong Kong Court of Final Appeal ordered the government in Sham Tsz Kit v Secretary for Justice to introduce a legal framework allowing same-sex civil unions.[45] Polling suggests that support for same-sex marriage is rising in Hong Kong, with a 2023 survey estimating that 60% of residents supported same-sex marriage.[46]

Adoption and parenting

The Chinese Government requires parents adopting children from China to be in heterosexual marriages.[47] Adoption of Chinese children by foreign same-sex couples and homosexual individuals is prohibited by the Chinese authorities.[48]

Discrimination protections

There is no anti-discrimination provision for sexual orientation or gender identity under Chinese labour law. Labour law specifically protects workers against discrimination on the basis of a person's ethnicity, gender or religion.[48]

In 2018, a gay kindergarten teacher from Qingdao sued his former school after he was dismissed from his job, following a social media post he had made about attending an LGBT event.[49] The kindergarten was sentenced by the Laoshan District People's Court to compensate the teacher for six months of payable wages. It filed an appeal in December of the same year.[49]

In November 2018 and March 2019, China accepted several recommendations pertaining to LGBT rights during its Universal Periodic Review. The "landmark" recommendations, from Argentina, Chile, France, Ireland, Mexico, the Netherlands and Sweden, urge China to pass an anti-discrimination law covering sexual orientation and enact anti-violence and social security measures. For the first time, the Chinese delegation responded positively. In March 2019, it was revealed at the UN that China aims to adopt an LGBT anti-discrimination law within a year. Activists described the recommendations as a "milestone".[50][51][52]

Hong Kong

The Hong Kong Bill of Rights Ordinance 1991 was utilized to strike down discrimination in the age of consent in the case of Leung TC William Roy v. Secretary for Justice (2005). However this does not protect against governmental discrimination in services and goods.[53]

Macau

Article 25 of the Basic Law of Macau indicates the people of Macau are free from discrimination based on a non-exhaustive list of prohibited factors. Sexual orientation is not included in said list of prohibited discrimination grounds. However, there are anti-discrimination protections based on sexual orientation in the fields of labour relations (article 6/2 of the Law No. 7/2008),[a] protection of personal data (article 7/1,2 of Law No. 8/2005),[b] and ombudsman (article 31-A of Law No. 4/2012).[c]

Transgender rights

Gender reassignment on official identification documents (Resident Identity Card and Hukou) is allowed in China only after sex reassignment surgery. Meanwhile, discrimination towards transgender people from wider society is common.[56]

In 2009, the Chinese Government made it illegal for minors to change their officially-listed gender, stating that sex reassignment surgery, available to only those over the age of twenty, was required in order to apply for a revision of their identification card and residence registration.[57] According to The Economist, those seeking a legal gender change are also required to be unmarried, be heterosexual (with regards to their gender identity), and must obtain permission from their family.[58] As of September 2019, the Chinese Classification of Mental Disorders still classified transgender identity as a mental disorder.[59]

In 2014, Shanxi Province started allowing minors to apply for the change with the additional information of their guardian's identification card. This shift in policy allows post-surgery marriages to be recognized as heterosexual and therefore legal.[60]

In 2020, a court in Beijing said that a transgender woman was covered by anti-discrimination protections pertaining to sex, and her employer was obligated to treat her as female, because she had legally transitioned.[58]

In 2021, China's first clinic for transgender children and adolescents was set up at the Children's Hospital of Fudan University in Shanghai to safely and healthily manage transgender minors' transition.[61]

According to a survey conducted by Peking University, Chinese trans female students face strong discrimination in many areas of education.[62] Sex segregation is found everywhere in Chinese schools and universities: student enrollment (for some special schools, universities and majors), appearance standards (hairstyles and uniforms included), private spaces (bathrooms, toilets and dormitories included), physical examinations, military trainings, conscription, PE classes and exams and physical health tests. Chinese students are required to attend all the activities according to their legal gender marker. It is also difficult to change the gender information of educational attainments and academic degrees in China, even after sex reassignment surgery, which results in discrimination against well-educated trans women.[63][64]

In China, trans women are required to receive approval from their entire family, prove they have no criminal record, and undergo psychological intervention in order to be allowed a prescription for hormone medication.[65] Familial disapproval had led many to seek alternative sources of their medication, including online sources, until late 2022 when Chinese authorities put forth a draft policy to ban the practice of selling estradiol medication and androgen blockers online.[66][67] The ban was put in place in December so that even those with prescriptions cannot buy these drugs online.[68]

Hong Kong

Hong Kong law allows change in legal documents such as the identity cards and passports after a person has undergone sex reassignment surgery, but does not allow birth certificates to be changed.[69]

Intersex rights

Intersex rights are very limited in China. Issues include both the lack of access to health care for intersex people and coercive genital surgeries for intersex children.[70]

Censorship of LGBT activism and content

Online censorship

The Chinese Communist Party (CCP) has continued to suppress LGBT organisations online in recent years. The “Great Firewall of China” blocks over 311,000 domains, and frequently takes down social media accounts and posts. The CCP is most likely to censor online content that criticises the party or risks mass mobilisation, and recently they have sought to limit the expansion of online communities. Governmental advisories highlighted that “vulnerable groups” (ruoshi qunti) pose a security threat as they might be used by the West to infiltrate China.[71]

In July 2021, the WeChat accounts of the several LGBT associations from Chinese universities were closed. The accounts that were closed include some of the most important and influential university associations including Purple from Tsinghua University, Colorsworld from Peking University, and Zhihe from Fudan University.[72] WeChat's parent company, Tencent declined to comment on the account closures.[73] Ned Price, the US State Department spokesperson expressed that the accounts were "merely expressing their views, exercising their right to freedom of expression and freedom of speech".[73]

In April 2018, Sina Weibo, one of the most popular social media platforms in China, decided to ban all LGBT-related issues.[74] This quickly drew criticism from the public at large and the People's Daily, the Chinese Communist Party's official newspaper. Forms of criticism included the hashtag #IamGay, which was viewed over 240 million times.[75] Sina Weibo reversed its ban a few days later. Many Chinese interpreted the People's Daily editorial as a signal that the government may soften its attitude towards LGBT rights. However, a campaign marking the International Day Against Homophobia on school campuses was forbidden by public officials just one month later.[76] Siodhbhra Parkin, a fellow at the Global Network for Public Interest Law, said the public should not overinterpret the newspaper's decision: "It might be a signal showing that the government does not have a problem with LGBT rights as a concept. However, that doesn't mean that the authorities will tolerate civil mobilization and activism. I don't think you're going to see the Chinese government supporting civil society groups at the same time that they are trying to crack down [on] all these other groups. When you're an LGBT NGO, you're still an NGO. And that is always going to be kind of the determining factor for whether or not the LGBT movement moves forward."[76]

In 2021, Li Ying (footballer, born 1993) became the first openly Lesbian athlete, posting on her Sina Weibo account, a photo of herself and partner. The post garnered resounding support from the internet audience however it was also the subject of significant homophobic abuse. The photo was deleted without explanation.[77] Later in 2021, Sun Wenjing, a Chinese professional volleyball player also announced via social media that she was a Lesbian by posting wedding photos of herself and her partner.[78]

On 11 May 2021, LGBT Rights Advocacy China announced the end of its activities and the closure of its WeChat and Weibo accounts. “We are deeply regretful to tell everyone, Queer Advocacy Online will stop all of our work indefinitely,” said the group.[79] The popular advocacy group had largely focused on campaigning for legal rights such as anti-discrimination laws in the workplace and same-sex marriage.[80] LGBT Rights Advocacy China did not provide any reasons behind the decision to halt their work.[79]

In February 2022, the gay dating app Grindr was removed from app stores in China as part of a month-long campaign to eradicate illegal and sensitive content in the run-up to the Beijing Winter Olympics and Lunar New Year.[81] The Chinese government does allow for the existence of various gay dating applications in China, such as Blued, one of the most important gay dating applications in China.[82] However, in August 2022, BlueCity, which controls Blued's operations, was delisted from the US-based Nasdaq stock exchange.[83] In addition, its CEO and chairman, Ma Baoli, resigned without naming a successor, leaving the app's future uncertain.[84]

Media censorship

The Hong Kong Pride Parade has been held annually since 2008.

In 2015, film-maker Fan Popo sued government censors for pulling his gay documentary Mama Rainbow from online sites.[85] The lawsuit concluded in December 2015 with a finding by the Beijing No.1 Intermediate People's Court that the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) had not requested that hosting sites pull the documentary.[86] Despite this ruling, which Fan felt was a victory because it effectively limited state involvement, "the film is still unavailable to see online on Chinese hosting sites."[87]

On 31 December 2015, the China Television Drama Production Industry Association posted new guidelines, including a ban on showing LGBT relationships on television. The regulations stated: "No television drama shall show abnormal sexual relationships and behaviours, such as incest, same-sex relationships, sexual perversion, sexual assault, sexual abuse, sexual violence, and so on."[88] These new regulations have begun to affect web dramas,[89] which have historically had fewer restrictions:[90]

Chinese Web dramas are commonly deemed as enjoying looser censorship compared with content on TV and the silver screen. They often feature more sexual, violent and other content that is deemed by traditional broadcasters to fall in the no-no area.

In February 2016, the popular Chinese gay web series Addicted (Heroin) was banned from being broadcast online 12 episodes into a 15-episode season. Makers of the series uploaded the remaining episodes on YouTube instead.[91]

In May 2018, the European Broadcasting Union blocked Mango TV, one of China's most watched channels, from airing the final of the Eurovision Song Contest 2018 after it edited out Irish singer Ryan O'Shaughnessy's performance, which depicted two male dancers, and blacked out rainbow flags during Switzerland's performance.[92]

Days before the International Day Against Homophobia in 2018, two women wearing rainbow badges were attacked and beaten by security guards in Beijing. The security company dismissed the three guards involved shortly thereafter.[75]

Mr Gay China, a beauty pageant, was held in 2016 without incident.[93] In 2018, the event host passively cancelled their engagement by not responding to any communications. Mr Gay World 2019 announced cancellation after communication began to deteriorate in early August. No official censorship notice was issued but some articles blamed the Chinese Government for the cancellation.[94] That same year, a woman who wrote a gay-themed novel was sentenced to 10 years and 6 months in prison for "breaking obscenity laws".[95]

Amid increasing criticism of China's tightening of censorship under the rule of Chinese leader Xi Jinping,[96][97][98] the Beijing International Film Festival attracted controversy when in 2018, China's government censors banned the festival from screening the Oscar-winning Call Me by Your Name,[99][100] throwing a spotlight on LGBT rights in China.

In February 2022, the first season of the series "Friends" returned to major streaming media in mainland China, but all the same-sex marriage and love plots were deleted, including dialogues that mentioned lesbian people and scenes of same-sex kissing. However, Sohu Video, which was authorised to rebroadcast "Friends" from 2012 to 2018, retained the same-sex marriage plot at the time. The deletion drew widespread criticism, and the related hashtag was immediately banned by Sina Weibo.[101] China-made TV series were also victims of censorship towards same-sex plots. "Addiction," was pulled offline by China's regulators. The 15-episode show about a romance between two high school boys was the series with the second-highest views on iQiyi at the time it was taken down. The guidelines from the government in 2016 lay out an array of subjects that will be prohibited, including depictions of gay relationships.[102]

Other forms of censorship

In 2016, Qiu Bai sent a letter to the Ministry of Education of the People's Republic of China, hoping that it would take measures in order to stop the use of homophobic teaching materials in colleges and universities,[103] this letter was received by the Ministry in February 2016. However, no official reply has been received from the Ministry. On April 25, 2016, Qiubai sued the Ministry of Education for inaction based on the relevant provisions of the Chinese Administrative Litigation Law, but the court refused to file the case. In May, she decided to file an administrative reconsideration with the Ministry of Education, which was not accepted.[104] On June 14, she sued the Ministry of Education before the court, and the case was successfully filed. On September 27, the Court issued a decision by ruling that Qiubai's right as a lesbian is "an unspecific rights that all student or member of the gay community enjoy". Thus her allegation that her specific rights was hindered was not founded.[105] She then decided to file an appeal. The hearing for the second instance at the Beijing Municipal High People's Court was scheduled at January 10, 2017 . Qiubai's attorney Yu Liying stated that she provided new evidence and a more detailed explanation of the infringement suffered by Qiubai, but the Ministry of Education did not recognize the relevance of the evidence with the case.[106] On March 2, 2017, the High Court of Beijing made a final judgment, announcing that Qiubai lost the case and rejected her appeal based on the similar ground as the first instance.[107] Thus, she was not managed to win any of her case among the five litigations she was involved in before the court. During her legal fight, she was constantly under the pressure from the university administration. This final judgement means that for a long time to come, in the various textbooks used by Chinese university students, homosexuality may continue to be described as "disease", "mental disorder" and "abnormality".[108]

On March 2, 2017, the judgement of the "First Case of Chinese Gay Educational Right " was pronounced in the Beijing Higher People's Court. The plaintiff, Qiu Bai (pseudonym), a senior student at Sun Yat-Sen University in Guangzhou, lost the lawsuit.[109]

In 2017, an LGBT conference was scheduled to be held in Xi'an. Western reports, using the organisers blog as their source, claimed the police had detained the organisers and threatened them.[110][111][112]

In 2020, Shanghai Pride Festival, one of the most important gay rights festivals founded in 2009, were forced to cancel their activities.[113] The announcement posted on their website read, “ShanghaiPRIDE regrets to announce that we are cancelling all upcoming activities”.[114] The organisation expressed solidarity with their community and encouraged them to remain “proud”, without specifying reasons for the cancellations.[114] Subsequently, ShanghaiPRIDE has not resumed its celebrations. Limited online events remain accessible through their website.[114]

In 2021, PFLAG China (Parents, Families, and Friends of Lesbians and Gays) changed its name to "Trueself",[115] and the goal of the association altered as well: it now connects the work with the governmental statement by claiming that they focus on " make tens of thousands of families an important basis for national development, national progress, and social harmony ".[116]

In 2024, one of the country's last remaining lesbian bars, the Roxie in Shanghai, was forced to close.[7][117]

Academic insights into LGBT activism

Some scholars argue that the CCP's crackdown on LGBT activism is based on efforts to increase the birth rate across the country.[80] China's birth rate has declined for the first time in six decades, sparking concerns about future economic growth and an aging population.[118]

Darius Longarino argues that the Chinese government views homosexuality as “a malign foreign influence that is stopping youth from getting married and having children”.[119] Thus, the CCP has adopted a policy of promoting the traditional nuclear family, to ensure the next generation of strong Chinese youth, whilst maintaining social stability.

Others point to ideological reasons, citing that the political ideologies of CCP officials, such as Xi Jinping are shaped by the Cultural Revolution.[120]

The CCP decriminalised homosexuality in 1997 and in 2013 they accepted the United Nations’ recommendations to introduce anti-discrimination legislation for LGBT people.[84][121] This included assurances of more equal treatment alongside protections from workplace discrimination based on sexual preference and gender identity.[122]

Critics argue that China's acceptance of UN policy on LGBT rights is a foreign policy manoeuvre to appease the international community.[123] Darius Longarino describes this phenomenon as China wanting “to sound tolerant on the world stage”, despite their disregard for LGBT rights.[123]

Strategic motivations for the crackdown have also been cited by academics and prominent journalists. Sue Lin-Wong, the Economist’s former China correspondent has stated that Xi Jinping's political ideology was strongly influenced by the dissolution of the Soviet Union and the events of the Arab Spring.[120] She argues that he saw the power of mass mobilisation and the threat of social movements to autocratic regimes. By limiting the organisational power of grassroots activist groups, Xi Jinping limits the likelihood of mass revolution and calls for wider democratic reform.

Scholars also argue that mass mobilisation is likely to face suppression when demonstrations are large, organised, formal, political, and carried out by minority groups, as they are seen to be more disruptive to social stability.[124] In this context, LGBT organisations are viewed as a threat in China since their demonstrations are often politically charged, large, and associated with “foreign” concepts.[80]

Echoing this idea, LGBT activists claim that during governmental interrogations, there is an emphasis placed on the threat that community organisation poses to national security, rather than its immorality.[80]

Another way in which LGBT activism has been limited in China is through self-censorship, which has led to “pragmatic” activism. Scholars cite that this is partly strategically driven by the CCP, and partly normatively driven by shame.[125]

Scholars explain that the CCP directly controls the nature of LGBT activism in China through strict government regulation of civil sector organisations. In general, the CCP requires Non-Governmental Organisations’ (NGOs) compatibility with China's overall policy goals.[126] Timothy Hildebrandt, associate professor at the LSE contends that this means activism in China is successful “only insofar as their activities complement government interests”.[126] Therefore, LGBT activist groups tend to work on issues that are non-politically charged and serve the wider community, such as HIV and AIDS prevention, to receive the most funding and “political space”. In turn, organisations that adopt overtly political stances or mobilise the LGBT community are less likely to survive in China.[126]

Po-Han Lee, a scholar at the University of Sussex, claims that the regulation of LGBT activism in Asia has increased in recent years as governments attempt to dissociate with the “individualistic” West.[127] He argues that there has been an “awakening of cultural nationalism and the re-emergence of sexual conservatism”, fuelled by post-colonial trauma.[128]

Scholars also cite that there are normative boundaries to LGBT activism in China. Tamara Loos, gender studies professor at Cornell University, explains that Western colonisation “affected the economies, polities and cultures of non-colonized Asia as intensely as it did those of directly colonised areas”.[129] Thus, she explains that LGBT people throughout Asia still live with the lasting effects that Western imperialism has imposed on moral norms. This has led to stigmatisation and the internalisation of shame within queer people across Asia.[129]

Scholars specialising in queer studies in Asia have claimed that this leads to a “desexualisation” of LGBT activism which pushes activist groups to become “respectfully queer”.[130] It is argued that legacies of colonisation have led to “pragmatic resistance” from LGBT activists in Asia, where shame and internalised homophobia limit the extent of their fight for rights.[131][132] This is linked to a phenomenon called “homonormativity”, where LGBT people mimic heteronormative standards to gain the most visibility and acceptance in society.[133][134]

This form of activism differs from typical Western LGBT activism, where groups have historically been vocal and demanding when campaigning for rights. Some have questioned whether “pragmatic” LGBT activism in Asia is successful or whether it cements homonormative practices.[132][133]

However, some scholars find fault with this conclusion, explaining that it relies on Western-centric scholarship and methodologies. They claim that current analyses of LGBT activism in Asia do not capture the complexity of queer experiences and activism in a post-colonial context.[135] Dr Shana Yi, a professor at the University of Toronto, explains that queer studies in Asia must be “decolonised” and scholars must recognise the “heterogeneity and plurality of global coloniality”.[136] Baden Offord, Professor of Cultural Studies and Human Rights at Curtin University, argues that this can be achieved by adopting a “counterhegemonic” approach to queer studies since it historically links Western modernisation and “globalisation as the source of sexual modernity”.[137] Thus, it must be acknowledged that LGBT movements are "characterised by their geo-political context, history, social, religious and economic conditions”, and so LGBT activism in China cannot be studied using a Western framework.[135][138]

Conversion therapy

In December 2014, a Beijing court ruled in favor of Yang Teng, a gay man, in a case against a conversion therapy clinic. The court ruled against the clinic, as the treatments failed to deliver the clinic's promise in its advertisements, and ordered the clinic to pay monetary compensation to Yang, as well as take down their advertisements on conversion therapy treatments.[139]

In June 2016, Yu Hu, a gay man from Henan Province, sued a hospital in the city of Zhumadian for forcing him to undergo conversion therapy.[140] He was awarded a public apology and monetary compensation in July 2017. However, the court did not rule the practice as illegal in its decision.[141]

Following these two successful rulings, LGBT groups are now calling on the Chinese Health Ministry to ban conversion therapy.[142] However, as of December 2019, no effective measures have been taken by the Chinese Government to ban conversion therapy, and such treatments are being actively promoted across China.[29]

Public opinion and demographics

According to certain estimates from 2010, about 80% to 90% of Chinese gay men were married to women.[143] Such women are known as tongqi in Chinese (Chinese: 同妻, pinyin: tóngqī). In 2012, a professor at Sichuan University committed suicide after learning that her husband was gay.[144][143]

A 2016 survey from the Beijing LGBT Center found 5% of those who identified as LGBT had come out to everyone in their lives.[145]

A September–October 2016 survey by the Varkey Foundation found that 54% of 18–21-year-olds supported same-sex marriage in China.[146]

Opinion polls have showed growing levels of support for LGBT rights and same-sex marriage in China. A 2009 poll found that 30% of Beijing's population supported same-sex marriage, while a 2014 poll found that 74% of Hong Kong residents favoured granting certain rights and benefits to same-sex couples.

A 2017 University of Hong Kong poll found that 50.4% of Hong Kong residents supported same-sex marriage, and nearly 70% supported a law protecting LGBT people from discrimination.[147]

As of at least 2023, Chinese public attitudes towards the LGBTQI community continues to become increasingly favorable.[148]: 67 

Summary table

Same-sex sexual activity legal Yes (Since 1997)[149]
Equal age of consent (14) Yes[150]
Freedom of expression No (some gay themes in media — including social media — are censored)[151][59][149][152][153][154]Since 2022, some places have regarded LGBT-themed publications as targets for crackdown and removal[155][156][157][158]
Anti-discrimination laws in employment No Not covered, one exemption of the Chinese Government allowing transgender protection has been noted but otherwise LGBT are not protected[58][159]
Anti-discrimination laws in education No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriage(s) No[160][161][149]
Recognition of same-sex couples No/Yes (Similar but inequal "guardianship" status is legal and in use by same-sex couples)[149][43][161]
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
Lesbian, gay and bisexual allowed to serve in the military No/Yes (Service allowed, unclear if being openly gay is)[162]
Transgender people allowed to serve in the military No (Physical health requirements effectively bar transgender people who have undergone or are undergoing medical transition from serving)[163]
Right to change legal gender Yes (Requires undergoing SRS, which requires a year of psychotherapy, among other things)[59][58]
Right to change the gender information of educational attainments and academic degrees No/Yes (Difficult[164] and no legal procedure,[165] which has caused discrimination against well-educated trans women.)
Third gender option No
Intersex minors legally protected from early medical interventions No (See Intersex rights in China)
Conversion therapy banned by law No (Still in practice[27][149][59] — with some legal precedent against forced conversion therapy)[166][167]
Access to IVF for lesbian couples Unknown (Legally requires a marriage certificate in public hospitals — may be de facto accessible in private hospitals)[160][168]
Automatic parenthood for both spouses after birth No
Commercial surrogacy for gay male couples No (Banned regardless of gender and sexual orientation)[160]
Homosexuality declassified as a mental illness Yes (Chinese Society of Psychiatry declassified it in 2001, however, teaching material classifying homosexuality as a psychological disorder can still be legally used)[27][31]
Transgender identity declassified as a mental illness No (Still classified as such, as of September 2019)[59]
MSM allowed to donate blood No (As of 2012)[169]

See also

Notes

  1. ^ Chinese: 勞動關係法, Cantonese romanization: Lòuhduhng Gwāanhaih Faat;
    Portuguese: Lei das relações de trabalho.[54][55]
  2. ^ Chinese: 個人資料保護法, Cantonese romanization: Goyàhn Jīlíu Bóuwuh Faat;
    Portuguese: Lei da Protecção de Dados Pessoais
  3. ^ Chinese: 修改第10/2000號法律《澳門特別行政區廉政公署》, Cantonese romanization: Sāugói Daih 10/2000 Houh Faatleuht《Oumùhn Dahkbiht Hàhngjingkēui Lìhmjing Gūngchyúh》;
    Portuguese: Alteração à Lei n.° 10/2000 «Comissariado contra a Corrupção da Região Administrativa Especial de Macau»

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