Lesbian, gay, bisexual and transgender (LGBT) people in the People's Republic of China face legal and social challenges that are not experienced by non-LGBT residents. Same-sex couples are unable to marry or adopt, and households headed by such couples are ineligible for the same legal protections available to heterosexual couples.

China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...

provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation or gender identity. Homosexuality and

homoeroticism Homoeroticism is sexual attraction between members of the same sex, either male–male or female–female. The concept differs from the concept of homosexuality: it refers specifically to the desire itself, which can be temporary, whereas "homose ...

in China have been documented since ancient times. According to certain studies by Dr. Bret Hinsch, now associated with Fo Guang University in Taiwan, reviewed in a journal published by the

University of London The University of London (UoL; abbreviated as Lond or more rarely Londin in post-nominals) is a federal public research university located in London, England, United Kingdom. The university was established by royal charter in 1836 as a degr ...

,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 homosexuality was regarded as a normal facet of life in China, prior to Western influence from 1840 onwards.Hinsch, Bret. (1990). ''Passions of the Cut Sleeve''. University of California Press. p. 56 Several early Chinese emperors are speculated to have had homosexual relationships accompanied by heterosexual ones. Opposition to homosexuality, according to these same studies, did not become firmly established in China until the 19th and 20th centuries, through the

Westernization Westernization (or Westernisation), also Europeanisation or occidentalization (from the ''Occident''), is a process whereby societies come under or adopt Western culture in areas such as industry, technology, science, education, politics, econo ...

efforts of the late

Qing dynasty The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...

and the early Chinese Republic.Kang, Wenqing. ''Obsession: male same-sex relations in China, 1900-1950'', Hong Kong University Press. Page 3 However, this can be disputed since as early as 1655,

Qing The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...

courts began to refer to the term ji jian ( 雞姦, 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 included a month in prison and 100 heavy blows with heavy bamboo. Homosexuality was largely invisible during the Mao era. 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 Coming out of the closet, often shortened to coming out, is a metaphor used to describe LGBT people's self-disclosure of their sexual orientation, romantic orientation, or gender identity. Framed and debated as a privacy issue, coming out of ...

. The government's approach to LGBT rights has been described as "fickle" and as being "no approval; no disapproval; no promotion". There is much resistance from the authorities, as various LGBT events have been banned in recent years. In present years, China has banned showing homosexual relationships on public television, as well as showing effeminate men in general.

History and timeline

Ancient China

Shang dynasty

The earliest records of homosexuality and same-sex relations in China date from the

Shang dynasty The Shang dynasty (), also known as the Yin dynasty (), was a Chinese royal dynasty founded by Tang of Shang (Cheng Tang) that ruled in the Yellow River valley in the second millennium BC, traditionally succeeding the Xia dynasty a ...

era ( 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.

Zhou dynasty

Several stories of homosexual love during the

Zhou dynasty The Zhou dynasty ( ; Old Chinese ( B&S): *''tiw'') was a royal dynasty of China that followed the Shang dynasty. Having lasted 789 years, the Zhou dynasty was the longest dynastic regime in Chinese history. The military control of China by th ...

( 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. A more exalted example would be the relationship of Mi Zixia (彌子瑕) and

Duke Ling of Wei Duke Ling of Wey () (ruled 534 — 492 BC) was the 28th ruler of the ancient Chinese state of Wey, the son of Duke Xiang of Wey. He was the subject of Chapter 15 of the ''Analects'' of Confucius. His given name was Yuan (). Family Duke Ling w ...

(衛靈公). Mizi Xia's sharing of an especially delicious peach with his lover was referenced by later writers as ''yútáo'' (), or "the leftover

peach The peach (''Prunus persica'') is a deciduous tree first domesticated and cultivated in Zhejiang province of Eastern China. It bears edible juicy fruits with various characteristics, most called peaches and others (the glossy-skinned, n ...

". Another example of homosexuality at the highest level of society from the

Warring States period The Warring States period () was an era in History of China#Ancient China, ancient Chinese history characterized by warfare, as well as bureaucratic and military reforms and consolidation. It followed the Spring and Autumn period and concluded ...

is the story of

King Anxi of Wei King Anxi of Wei () (died 243 BC), personal name Wei Yu () was King of Wei from 276 BC to 243 BC. He was the son of King Zhao of Wei. He was the older brother of Lord Xinling (Wei Wuji). In 275 BC, after a Han general fled to the Wei capital Dal ...

and his lover Lord Long Yang. Homosexuality was widely referenced during this period through popular literature. Poet

Qu Yuan Qu Yuan ( – 278 BCE) was a Chinese poet and politician in the State of Chu during the Warring States period. He is known for his patriotism and contributions to classical poetry and verses, especially through the poems of the '' ...

is said to have expressed his love for the ruling monarch,

King Huai of Chu King Huai of Chu (, died 296 BC) was from 328 to 299 BC the king of the state of Chu during the Warring States period of ancient China. He was born Xiong Huai () and King Huai (懷, a different Chinese character) was his posthumous title. Kin ...

, through several of this works, most notably "

Li Sao "''Li Sao''" (; translation: "Encountering Sorrow") is an ancient Chinese poem from the anthology ''Chuci'' traditionally attributed to Qu Yuan. ''Li Sao'' dates from the late 3rd century BCE, during the Chinese Warring States period. Backgro ...

" and "Longing for Beauty".

Imperial China

Han dynasty

Homosexuality and homoeroticism were common and accepted during the

Han dynasty The Han dynasty (, ; ) was an Dynasties in Chinese history, imperial dynasty of China (202 BC – 9 AD, 25–220 AD), established by Emperor Gaozu of Han, Liu Bang (Emperor Gao) and ruled by the House of Liu. The dynasty was preceded by th ...

(202 BCE - 220 CE).

Emperor Ai of Han Emperor Ai of Han (27 BCE – 15 August 1 BCE) was an emperor of the Chinese Han dynasty. He ascended the throne when he was 20, having been made heir by his childless uncle Emperor Cheng, and he reigned from 7 to 1 BCE. The people and the o ...

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.Hinsch, Bret. (1990). ''Passions of the Cut Sleeve''. University of California Press. p.46 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'' (, a term interpreted to refer to reciprocal

cunnilingus Cunnilingus is an oral sex act performed by a person on the vulva or vagina of another person. The clitoris is the most sexually sensitive part of the human female genitalia, and its stimulation may result in a woman becoming sexually aroused ...

), in which the two acted as a married couple.

Liu Song dynasty

Writings from the

Liu Song dynasty Song, known as Liu Song (), Former Song (前宋) or Song of (the) Southern Dynasty (南朝宋) in historiography, was an imperial dynasty of China and the first of the four Southern dynasties during the Northern and Southern dynasties ...

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.

Tang dynasty

During the

Tang dynasty The Tang dynasty (, ; zh, t= ), or Tang Empire, was an Dynasties in Chinese history, imperial dynasty of China that ruled from 618 to 907 AD, with an Zhou dynasty (690–705), interregnum between 690 and 705. It was preceded by the Sui dyn ...

(618–907 CE) era, there were traditions of pederastic same-sex relationships, typically in

Buddhist Buddhism ( , ), also known as Buddha Dharma and Dharmavinaya (), is an Indian religion or philosophical tradition based on teachings attributed to the Buddha. It originated in northern India as a -movement in the 5th century BCE, and ...

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 Taoism (, ) or Daoism () refers to either a school of philosophical thought (道家; ''daojia'') or to a religion (道教; ''daojiao''), both of which share ideas and concepts of Chinese origin and emphasize living in harmony with the '' Tao ...

nuns meanwhile were recorded as having exchanged many upon many love poems to one another.

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 The Song dynasty (; ; 960–1279) was an imperial dynasty of China that began in 960 and lasted until 1279. The dynasty was founded by Emperor Taizu of Song following his usurpation of the throne of the Later Zhou. The Song conquered the res ...

(960–1279), punishing ''nánchāng'' (), 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'' (, crossdressing). They were never enforced.

Ming dynasty

The

Zhengde Emperor The Zhengde Emperor (; 26 October 149120 April 1521) was the 11th Emperor of the Ming dynasty, reigned from 1505 to 1521. Born Zhu Houzhao, he was the Hongzhi Emperor's eldest son. Zhu Houzhao took the throne at only 14 with the era name Z ...

of the

Ming dynasty The Ming dynasty (), officially the Great Ming, was an Dynasties in Chinese history, imperial dynasty of China, ruling from 1368 to 1644 following the collapse of the Mongol Empire, Mongol-led Yuan dynasty. The Ming dynasty was the last ort ...

(1368–1644) is believed to have had a homosexual relationship with a Muslim leader from

Hami Hami (Kumul) is a prefecture-level city in Eastern Xinjiang, China. It is well known as the home of sweet Hami melons. In early 2016, the former Hami county-level city was merged with Hami Prefecture to form the Hami prefecture-level city with t ...

, named Sayyid Husain. 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 The Tianqi Emperor (23 December 1605 – 30 September 1627), personal name Zhu Youjiao (), was the 16th Emperor of the Ming dynasty, reigning from 1620 to 1627. He was the eldest son of the Taichang Emperor and a elder brother of the Chongzhe ...

is believed to have had two private palaces, one for his female lovers and one for his male lovers. 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. Chinese homosexuals did not experience persecution which would compare to that experienced by homosexuals in Christian

Europe Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...

during the

Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...

, 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 Fujian (; alternately romanized as Fukien or Hokkien) is a province on the southeastern coast of China. Fujian is bordered by Zhejiang to the north, Jiangxi to the west, Guangdong to the south, and the Taiwan Strait to the east. Its ...

was the only place where homosexuality was prominent,Brook, 232. but Xie Zhaozhe (1567–1624) wrote that "from

Jiangnan Jiangnan or Jiang Nan (; formerly romanized Kiang-nan, literally "South of the River" meaning "South of the Yangtze") is a geographic area in China referring to lands immediately to the south of the lower reaches of the Yangtze River, incl ...

and

Zhejiang Zhejiang ( or , ; , also romanized as Chekiang) is an eastern, coastal province of the People's Republic of China. Its capital and largest city is Hangzhou, and other notable cities include Ningbo and Wenzhou. Zhejiang is bordered by Ji ...

Beijing } Beijing ( ; ; ), Chinese postal romanization, alternatively romanized as Peking ( ), is the Capital city, capital of the China, People's Republic of China. It is the center of power and development of the country. Beijing is the world's Li ...

and

Shanxi Shanxi (; ; formerly romanised as Shansi) is a landlocked province of the People's Republic of China and is part of the North China region. The capital and largest city of the province is Taiyuan, while its next most populated prefecture-leve ...

, there is none that does not know of this fondness." European

Jesuit , image = Ihs-logo.svg , image_size = 175px , caption = ChristogramOfficial seal of the Jesuits , abbreviation = SJ , nickname = Jesuits , formation = , founders ...

missionaries such as

Matteo Ricci Matteo Ricci, SJ (; la, Mattheus Riccius; 6 October 1552 – 11 May 1610), was an Italian Jesuit priest and one of the founding figures of the Jesuit China missions. He created the , a 1602 map of the world written in Chinese characters. ...

took note of what they deemed "unnatural perversions", distressed over its often open and public nature.Brook, 231. Historian

Timothy Brook Timothy James Brook ( Chinese name: 卜正民; born January 6, 1951) is a Canadian historian, sinologist, and writer specializing in the study of China (sinology). He holds the Republic of China Chair, Department of History, University of British C ...

writes that abhorrence of sexual norms went both ways, since "the

celibate Celibacy (from Latin ''caelibatus'') is the state of voluntarily being unmarried, sexually abstinent, or both, usually for religious reasons. It is often in association with the role of a religious official or devotee. In its narrow sense, th ...

Jesuits were rich food for sexual speculation among the Chinese." 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. The first statute specifically prohibiting same-sex sexual intercourse was enacted in the

Jiajing Jiajing () (28 January 1522 – 8 February 1567) was the era name of the Jiajing Emperor, the 12th emperor of the Ming dynasty of China. Comparison table Other eras contemporaneous with Jiajing * China ** ''Tianyuan'' (天淵, 1546): Ming peri ...

era (嘉靖, 1522–1567) of Emperor Zhu Houcong (朱厚熜) in 1546. 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. Same-sex marriage ceremonies were commonplace.

Qing dynasty

By 1655,

courts began to refer to the term ''ji jian'' (, 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.

Modern China

Republic of China

In 1912, the

Xinhai Revolution The 1911 Revolution, also known as the Xinhai Revolution or Hsinhai Revolution, ended China's last imperial dynasty, the Manchu-led Qing dynasty, and led to the establishment of the Republic of China. The revolution was the culmination of ...

toppled the Qing dynasty and its explicit prohibition of ''ji jian'' was abolished by the succeeding states. Heteronormativity and intolerance of gays and lesbians became more mainstream through the Westernization efforts of the early

Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeas ...

People's Republic of China

Homosexuality was largely invisible during the Mao era. During the Communist

Cultural Revolution The Cultural Revolution, formally known as the Great Proletarian Cultural Revolution, was a sociopolitical movement in the People's Republic of China (PRC) launched by Mao Zedong in 1966, and lasting until his death in 1976. Its stated goa ...

(1966 to 1976), homosexuals were regarded as "disgraceful" and "undesirable", and heavily persecuted. All mentions to homosexuality in criminal law were removed in 1997. The

Chinese Society of Psychiatry The Chinese Society of Psychiatry (CSP; ) is the largest organization for psychiatrists in China. It publishes the Chinese Classification of Mental Disorders ("CCMD"), first published in 1985. The CSP also publishes clinical practice guidelines; pr ...

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. However, such change is yet to be reflected by the regulations of National Health and Family Planning Commission, 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 Conversion therapy is the pseudoscientific practice of attempting to change an individual's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. In contrast to evidence-based medicine and clin ...

treatments. Transgender identity is still classified as a disorder despite laws allowing legal gender changes. In 2021, a court in

Jiangsu Jiangsu (; ; pinyin: Jiāngsū, alternatively romanized as Kiangsu or Chiangsu) is an eastern coastal province of the People's Republic of China. It is one of the leading provinces in finance, education, technology, and tourism, with it ...

upheld a ruling that a description of homosexuality as a mental disorder in a 2013 edition of a university

textbook A textbook is a book containing a comprehensive compilation of content in a branch of study with the intention of explaining it. Textbooks are produced to meet the needs of educators, usually at educational institutions. Schoolbooks are textbook ...

was a result of "perceptual differences", rather than factual error. According to the ''

South China Morning Post The ''South China Morning Post'' (''SCMP''), with its Sunday edition, the ''Sunday Morning Post'', is a Hong Kong-based English-language newspaper owned by Alibaba Group. Founded in 1903 by Tse Tsan-tai and Alfred Cunningham, it has remained ...

'', the textbook is used by a number of Chinese universities. In July 2021, a number of LGBT accounts run by university students on

WeChat WeChat () is a Chinese instant messaging, social media, and mobile payment app developed by Tencent. First released in 2011, it became the world's largest standalone mobile app in 2018, with over 1 billion monthly active users. WeChat has b ...

was deleted, with messages saying that the accounts "had violated regulations on the management of accounts offering public information service on the Chinese internet".

Recognition of same-sex relationships

The ''Marriage Law of the People's Republic of China'' ( zh, ,

pinyin Hanyu Pinyin (), often shortened to just pinyin, is the official romanization system for Standard Mandarin Chinese in China, and to some extent, in Singapore and Malaysia. It is often used to teach Mandarin, normally written in Chinese fo ...

: ''Zhōnghuá Rénmín Gònghéguó Hūnyīn Fǎ''), adopted at the third session of the Fifth

National People's Congress The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China. With 2,9 ...

on September 10, 1980, defines marriage as a union between a man and a woman. On 5 January 2016, a court in

Changsha Changsha (; ; ; Changshanese pronunciation: (), Standard Mandarin pronunciation: ) is the capital and the largest city of Hunan Province of China. Changsha is the 17th most populous city in China with a population of over 10 million, and ...

, southern

Hunan Province Hunan (, ; ) is a landlocked province of the People's Republic of China, part of the South Central China region. Located in the middle reaches of the Yangtze watershed, it borders the province-level divisions of Hubei to the north, Jiangxi to ...

, agreed to hear a lawsuit filed in December 2015 against the Bureau of Civil Affairs of Furong District. 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. On 13 April 2016, with hundreds of same-sex marriage supporters outside, the Changsha court ruled against Sun, who said he would appeal. 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. In October 2017, the

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. On 12 April 2021, the Shenyang Intermediate People's Court in

Liaoning Liaoning () is a coastal province in Northeast China that is the smallest, southernmost, and most populous province in the region. With its capital at Shenyang, it is located on the northern shore of the Yellow Sea, and is the northernmo ...

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.

Beijing

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

Hong Kong

In June 2009, the

Government of Hong Kong The Government of the Hong Kong Special Administrative Region, commonly known as the Hong Kong Government or HKSAR Government, refers to the executive authorities of Hong Kong SAR. It was formed on 1 July 1997 in accordance with the Sino- ...

extended limited recognition and protection to cohabitating same-sex couples in its ''Domestic Violence Ordinance'' ( zh, 家庭及同居關係暴力條例,

: ''Jiātíng Jí Tóngjū Guānxi Bàolì Tiáolì''). 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. In July 2018, the 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. Likewise, on 6 June 2019, the Court of Final Appeal upheld the April ruling, after it had initially been overturned by the Court of Appeal. 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 partnership A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...

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 The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 a ...

and the

Hong Kong Bill of Rights Ordinance The Hong Kong Bill of Rights Ordinance (HKBORO), often referred to as the Hong Kong Bill of Rights, is Chapter 383 of the Laws of Hong Kong, which transposed the International Covenant on Civil and Political Rights so that it is incorporated i ...

. The High Court heard the case in a brief 30-minute preliminary hearing in August 2018. A full hearing took place on 28 May 2019, but the court dismissed the case in October 2019. In November 2018, openly gay legislator Raymond Chan Chi-chuen proposed a motion to study

civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...

s for same-sex couples, but this was voted down by 27 to 24. In January 2019, two men launched legal challenges against

Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a List of cities in China, city and Special administrative regions of China, special ...

's same-sex marriage ban, arguing that the refusal to recognize and perform same-sex marriages is a violation of the Basic Law. The Hong Kong High Court has given permission for the cases to proceed.

Adoption and parenting

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

Discrimination protections

Article 33 of the

Constitution of the People's Republic of China The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. It is the fou ...

provides for equality for all citizens under the law. This is no explicit mention of

sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...

gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the ...

. 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.. (use the "attachments" column to view the PDF) In 2018, a gay kindergarten teacher from

Qingdao Qingdao (, also spelled Tsingtao; , Mandarin: ) is a major city in eastern Shandong Province. The city's name in Chinese characters literally means " azure island". Located on China's Yellow Sea coast, it is a major nodal city of the One Belt ...

sued his former school after he was dismissed from his job, following a social media post he had made about attending an LGBT event. The kindergarten was sentenced by the

Laoshan District Laoshan District () is an urban district (区) of Qingdao, Shandong. It has an area of and had approximately 379,500 inhabitants as of 2010. It is home to Mount Lao, which gave the district its name. Geography Laoshan District is located in the ...

People's Court to compensate the teacher for six months of payable wages. It filed an appeal in December of the same year. In November 2018 and March 2019, China accepted several recommendations pertaining to LGBT rights during its

Universal Periodic Review The Universal Periodic Review (UPR) is a mechanism of the United Nations (UN) Human Rights Council (HRC) that emerged from the 2005 UN reform process.resolution 60/251of 3 April 2006, the UPR periodically examines the human rights performance of al ...

. The "landmark" recommendations, from

Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...

Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the eas ...

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...

Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...

Mexico Mexico (Spanish language, Spanish: México), officially the United Mexican States, is a List of sovereign states, country in the southern portion of North America. It is borders of Mexico, bordered to the north by the United States; to the so ...

, the

Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...

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".

Hong Kong

The ''Hong Kong Bill of Rights Ordinance 1991'' ( zh, ;

: ''Xiānggǎng Rénquán Fǎ'àn Tiáolì'') was utilized to struck 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.

Macau

Article 25 of the

Basic Law of Macau The Basic Law of the Macao Special Administrative Region of the People's Republic of China ( zh, 中華人民共和國澳門特別行政區基本法, pt, Lei Básica da Região Administrativa Especial de Macau da República Popular da China) is ...

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''),, Cantonese romanization: ''Lòuhduhng Gwāanhaih Faat'';
pt, Lei das relações de trabalho. protection of personal data (article 7/1,2 of ''Law No. 8/2005''),, Cantonese romanization: ''Goyàhn Jīlíu Bóuwuh Faat'';
pt, Lei da Protecção de Dados Pessoais and ombudsman (article 31-A of ''Law No. 4/2012'')., Cantonese romanization: ''Sāugói Daih 10/2000 Houh Faatleuht《Oumùhn Dahkbiht Hàhngjingkēui Lìhmjing Gūngchyúh》'';
pt, Alteração à Lei n.° 10/2000 «Comissariado contra a Corrupção da Região Administrativa Especial de Macau»

Transgender rights

Gender reassignment on official identification documents (

Resident Identity Card The Resident Identity Card () is an official identity document for personal identification in the People's Republic of China. According to the second chapter, tenth clause of the ''Resident Identity Card Law'', residents are required to apply f ...

and

Hukou ''Hukou'' () is a system of household registration used in mainland China. The system itself is more properly called "''huji''" (), and has origins in ancient China; ''hukou'' is the registration of an individual in the system (''kou'' li ...

) is allowed in China only after

sex reassignment surgery Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and a ...

. Meanwhile, discrimination from the society towards transgender people is common. In 2009, the Chinese Government made it illegal for minors to change their officially-listed gender, stating that

, 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. According to ''

The Economist ''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Eco ...

'', 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. As of September 2019, the Chinese Classification of Mental Disorders still classified transgender identity as a mental disorder. In 2014,

Shanxi Province Shanxi (; ; formerly romanised as Shansi) is a landlocked province of the People's Republic of China and is part of the North China region. The capital and largest city of the province is Taiyuan, while its next most populated prefecture-level ...

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. 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. In 2021, China's first clinic for transgender children and adolescents was set up at the

Children's Hospital of Fudan University The Children's Hospital of Fudan University (abbreviation: CHFU, , colloquially Fudan Children's Hospital) is a national-level tertiary children's hospital in Shanghai, China. It is a university hospital affiliated to Fudan University Shanghai Med ...

Shanghai Shanghai (; , , Standard Mandarin pronunciation: ) is one of the four direct-administered municipalities of the People's Republic of China (PRC). The city is located on the southern estuary of the Yangtze River, with the Huangpu River flowin ...

to safely and healthily manage transgender minors' transition. According to a survey conducted by Peking University, Chinese trans female students face strong discrimination in many areas of education.

Sex segregation Sex segregation, sex separation, gender segregation or gender separation is the physical, legal, or cultural separation of people according to their Sex, biological sex. Sex segregation can refer simply to the physical and spatial separation by s ...

is found everywhere in Chinese schools and universities: student enrollment (for some special schools, universities and majors), appearance standards (

hairstyles A hairstyle, hairdo, haircut or coiffure refers to the styling of hair, usually on the human scalp. Sometimes, this could also mean an editing of facial or body hair. The fashioning of hair can be considered an aspect of personal grooming ...

and

uniforms A uniform is a variety of clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are most often worn by armed forces and paramilitary organizations such as police, emergency services, ...

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

, which results in discrimination against well-educated trans women. In China, trans women are required to receive approval from their entire family in order to be allowed a prescription for hormone medication. 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.

Hong Kong

law allows change in legal documents such as the

identity cards An identity document (also called ID or colloquially as papers) is any documentation, document that may be used to prove a person's identity. If issued in a small, standard credit card size form, it is usually called an identity card (IC, ID c ...

and

passports A passport is an official travel document issued by a government that contains a person's identity. A person with a passport can travel to and from foreign countries more easily and access consular assistance. A passport certifies the personal ...

after a person has undergone sex reassignment surgery, but does not allow

birth certificates A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuin ...

to be changed.

Intersex rights

Intersex Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical bin ...

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.

Freedom of expression and censorship

In 2015, film-maker Fan Popo sued government censors for pulling his gay documentary ''Mama Rainbow'' from online sites. 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. 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." 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 behaviors, such as incest, same-sex relationships, sexual perversion, sexual assault, sexual abuse, sexual violence, and so on." These new regulations have begun to affect web dramas, which have historically had fewer restrictions:

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. In 2017, an LGBT conference was scheduled to be held in

Xi'an Xi'an ( , ; ; Chinese: ), frequently spelled as Xian and also known by other names, is the capital of Shaanxi Province. A sub-provincial city on the Guanzhong Plain, the city is the third most populous city in Western China, after Chongqi ...

. Western reports, using the organisers blog as their source, claimed the police had detained the organisers and threatened them. In April 2018, Sina Weibo, one of the most popular social media platforms in China, decided to ban all LGBT-related issues. This quickly drew criticism from the public at large and the '' People's Daily'', the

Chinese Communist Party The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and sole ruling party of the People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victorious in the Chinese Civil ...

's official newspaper. Forms of criticism included the hashtag #IamGay, which was viewed over 240 million times. 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.China's Complicated LGBT Movement
''The Diplomat'', 1 June 2018 Siodhbhra Parkin, a

fellow A fellow is a concept whose exact meaning depends on context. In learned or professional societies, it refers to a privileged member who is specially elected in recognition of their work and achievements. Within the context of higher education ...

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 nall 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." In May 2018, the European Broadcasting Union blocked

Mango TV Mango TV (芒果TV, ''Mángguǒ TV''; MGTV) is a Chinese media company controlled by state-owned Hunan Broadcasting System. Mango TV was established on May 26, 2006, in Changsha, Hunan and later decided to use 'Mango TV (Internet TV, PC, Phone and ...

, one of China's most watched channels, from airing the final of the

Eurovision Song Contest 2018 The Eurovision Song Contest 2018 was the 63rd edition of the Eurovision Song Contest. It took place in Lisbon, Portugal, following the country's victory at the with the song " Amar pelos dois" by Salvador Sobral. Organised by the European ...

after it edited out

Irish Irish may refer to: Common meanings * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ***Éire, Irish language name for the isle ** Northern Ireland, a constituent unit ...

singer

Ryan O'Shaughnessy Ryan O'Shaughnessy (born 27 September 1992) is an Irish singer and former actor from Loughshinny, Skerries, Dublin. He portrayed Mark Halpin in the popular TV series ''Fair City'' for nine years (2001–2010). In January 2012, he appeared in th ...

's performance, which depicted two male dancers, and blacked out rainbow flags during Switzerland's performance. 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.China's LGBT community finds trouble, hope at end of rainbow
AFP, 2 June 2018, Mr Gay China, a beauty pageant, was held in 2016 without incident. In 2018, the event host passively cancelled their engagement by not responding to any communications.

Mr Gay World Mr Gay World is a registered and trademarked annual international competition for gay men. The reigning Mr Gay World is José López Duvont from Puerto Rico. López is the first Latino winner, and the first winner from the Americas. Beginning ...

2019 announced cancellation after communication began to deteriorate in early August. No official censorship notice was issued but some articles blamed the

Chinese Government The Government of the People's Republic of China () is an authoritarian political system in the People's Republic of China under the exclusive political leadership of the Chinese Communist Party (CCP). It consists of legislative, executive, m ...

for the cancellation. 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". Amid increasing criticism of China's tightening of censorship under the rule of Chinese leader

Xi Jinping Xi Jinping ( ; ; ; born 15 June 1953) is a Chinese politician who has served as the general secretary of the Chinese Communist Party (CCP) and chairman of the Central Military Commission (CMC), and thus as the paramount leader of China, ...

, the

Beijing International Film Festival The Beijing International Film Festival (Chinese: 北京国际电影节), abbreviated BJIFF, is a film festival in Beijing, China. Founded in 2011, the film festival is supported and sponsored by China Film Administration, China Media Group a ...

attracted controversy when in 2018, China's government censors banned the festival from screening the Oscar-winning ''

Call Me by Your Name Call Me by Your Name may refer to: * ''Call Me by Your Name'' (novel), a 2007 novel by André Aciman * ''Call Me by Your Name'' (film), a 2017 film based on the novel, directed by Luca Guadagnino ** '' Call Me by Your Name: Original Motion Pictur ...

,'' throwing a spotlight on LGBT rights in China. In 2021,

Li Ying (footballer, born 1993) Li Ying (; born 7 January 1993) is a Chinese footballer who currently plays for Shandong Sports Lottery in the Chinese Women's Super League The Chinese Women's Super League (CWSL) is the top level women's association football, football lea ...

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. 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. In February 2022 gay dating app

Grindr Grindr () is a location-based social networking and online dating application targeted towards members of the gay, bisexual, transgender, and queer community. It was one of the first geosocial apps for gay men when it launched in March 2009 an ...

was removed from app stores in China during a censorship push in the lead up to the 2022 Winter Olympics.

Conversion therapy

In December 2014, a Beijing court ruled in favor of Yang Teng, a gay man, in a case against a

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. In June 2016, Yu Hu, a gay man from

Henan Province Henan (; or ; ; alternatively Honan) is a landlocked province of China, in the central part of the country. Henan is often referred to as Zhongyuan or Zhongzhou (), which literally means "central plain" or "midland", although the name is al ...

, sued a hospital in the city of

Zhumadian Zhumadian (; postal: Chumatien) is a prefecture-level city in southern Henan province, China. It borders Xinyang to the south, Nanyang to the west, Pingdingshan to the northwest, Luohe to the north, Zhoukou to the northeast, and the province of An ...

for forcing him to undergo conversion therapy. 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. Following these two successful rulings, LGBT groups are now calling on the Chinese Health Ministry to ban conversion therapy. 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.

Public opinion and demographics

According to certain estimates from 2010, about 80% to 90% of Chinese gay men were married to women.China rights: Gay people pledge not to enter into sham marriages
''BBC News'' Such women are known as ''

tongqi Tongqi () is a Chinese language neologism for women who have married gay men. Similarly, tongfu () is another neologism for men who have married lesbian women. Liu Dalin, among the first sexologists in Mainland China, estimated that 90% of gay Chi ...

'' in Chinese ( zh, ,

: ''tóngqī''). In 2012, a professor at

Sichuan University Sichuan University (SCU) is a national key public research university in Chengdu, Sichuan, China. The university is wholly funded by the Ministry of Education. SCU is one of the top universities of China, and a Class A Double First Class Univer ...

committed suicide after learning that her husband was gay. A 2016 survey from the Beijing LGBT Center found only 5% of those who identified as LGBT had come out to everyone in their lives. A September–October 2016 survey by the Varkey Foundation found that 54% of 18–21-year-olds supported same-sex marriage in China. Opinion polls have showed growing levels of support for LGBT rights and same-sex marriage in China. A 2009 poll found that 30% of

'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 The University of Hong Kong (HKU) (Chinese: 香港大學) is a public research university in Hong Kong. Founded in 1887 as the Hong Kong College of Medicine for Chinese, it is the oldest tertiary institution in Hong Kong. HKU was also the f ...

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

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." *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."

Summary table

Notes

References

{{DEFAULTSORT:Lgbt Rights In China Chinese law Human rights in China LGBT rights in the People's Republic of China

History and timeline

Ancient China

Shang dynasty

Zhou dynasty

Imperial China

Han dynasty

Liu Song dynasty

Tang dynasty

Song dynasty

Ming dynasty

Qing dynasty

Modern China

Republic of China

People's Republic of China

Recognition of same-sex relationships

Beijing

Hong Kong

Adoption and parenting

Discrimination protections

Hong Kong

Macau

Transgender rights

Hong Kong

Intersex rights

Freedom of expression and censorship

Conversion therapy

Public opinion and demographics

Human rights reports

2017 United States Department of State report

Summary table

See also

Notes

References