This article has an unclear citation style. The references used may be made clearer with a different or consistent style of citation and footnoting. (March 2023) (Learn how and when to remove this template message)
LGBT 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. Since then, the offense of “hooliganism” has been removed from Chinese penal codes. [1]
Gender identityTransgender people allowed to change legal gender after sex reassignment surgery.
MilitaryNot prohibited by law
Family rights
Recognition of relationshipsLimited cohabitation rights
AdoptionNo

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. 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.[2][3] Several early Chinese emperors are speculated to have had homosexual relationships accompanied by heterosexual ones.[4] 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 Chinese Republic.[5]

However, others debate that since as early as the 17th century, the Manchu–ruled 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.[6] Homosexuality was largely invisible during Maoist China (1949–1976).[7] 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.[7]

Today, the government's approach to LGBT rights has been described as "ambivalent", "fickle", and as being "no approval; no disapproval; no promotion".[8][9] There is much resistance from conservative elements of the government, as various LGBT events have been banned in recent years.[9] Since the late 2010s, authorities have avoided showing homosexual relationships on public television, as well as showing effeminate men in general.[10][11]

History and timeline

Further information: LGBT history in China and Homosexuality in China

Ancient China

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.[12]

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.[13] 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.[14]

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".[12]

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.[15]

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.[12]

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.[3]

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.[12]

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).[16] They were never enforced.[12]

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.[12] 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.[12]

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,[17] 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."[17] European Jesuit missionaries such as Matteo Ricci took note of what they deemed "unnatural perversions", distressed over its often open and public nature.[18] 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."[17] 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.[12][19]

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.[16] 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.[12] Same-sex marriage ceremonies were commonplace.[citation needed]

Qing dynasty

Anal sex between two males being viewed. Qing-Dynasty

By 1655, Qing 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, 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.[12]

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.[5]

People's Republic of China

Homosexuality was largely invisible during the Mao era.[7] During the Communist Cultural Revolution (1966 to 1976), homosexuals were regarded as "disgraceful" and "undesirable", and heavily persecuted.[20][21]

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.[22] However, such change is yet to be reflected by the regulations of National Health and Family Planning Commission,[23] 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][24][25] Transgender identity is still classified as a disorder despite laws allowing legal gender changes.[26] 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.[27] According to the South China Morning Post, the textbook is used by a number of Chinese universities.[28] 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".[29] 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.[30][31]

Recognition of same-sex relationships

Main article: Recognition of same-sex unions in China

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.[32][33]

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 litigation was believed as the first case of gay marriage right in mainland China.[34] 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.[35] On 13 April 2016, with hundreds of same-sex marriage supporters outside, the Changsha court ruled against Sun, who said he would appeal.[36] 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.[37]

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.[38]

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.[39]

Beijing

Beijing currently provides dependent residency status to the same-sex partners of legal residents, such as expats.[40]

Hong Kong

Main article: Recognition of same-sex unions in Hong Kong

In June 2009, the Government of Hong Kong extended limited recognition and protection to cohabitating same-sex couples in its Domestic Violence Ordinance (Chinese: 家庭及同居關係暴力條例).[41]

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.[42][43] 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.[44] Likewise, on 6 June 2019, the Court of Final Appeal upheld the April ruling,[45] after it had initially been overturned by the Court of Appeal.[46]

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 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 heard the case in a brief 30-minute preliminary hearing in August 2018.[47][48][49] A full hearing took place on 28 May 2019, but the court dismissed the case in October 2019.[50]

In November 2018, openly gay legislator Raymond Chan Chi-chuen proposed a motion to study civil unions for same-sex couples, but this was voted down by 27 to 24.[51]

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 Basic Law. The Hong Kong High Court has given permission for the cases to proceed.[52][53]

Adoption and parenting

The Chinese Government requires parents adopting children from China to be in heterosexual marriages.[54] Adoption of Chinese children by foreign same-sex couples and homosexual individuals is prohibited by the Chinese authorities.[55]

Discrimination protections

Article 33 of the Constitution of the People's Republic of China provides for equality for all citizens under the law. This is no explicit mention of sexual orientation or gender identity.

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.[55]

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.[56] 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.[56]

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".[57][58][59]

Hong Kong

Main article: 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 (2005). However this does not protect against governmental discrimination in services and goods.[60]

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

Main article: 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.[63]

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.[64] 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.[65] As of September 2019, the Chinese Classification of Mental Disorders still classified transgender identity as a mental disorder.[66]

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.[67]

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.[65]

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.[68]

According to a survey conducted by Peking University, Chinese trans female students face strong discrimination in many areas of education.[69] 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.[70][71]

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.[72] 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.[73][74] The ban was put in place in December so that even those with prescriptions cannot buy these drugs online.[75]

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.[76]

Intersex rights

Main article: Intersex rights in China

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.[77]

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.[78]

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.[79] WeChat's parent company, Tencent declined to comment on the account closures.[80] 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".[81] 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”.[80]

In April 2018, Sina Weibo, one of the most popular social media platforms in China, decided to ban all LGBT-related issues.[82] 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.[83] 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.[9] 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."[9]

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.[84] 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.[85]

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.[86] The popular advocacy group had largely focused on campaigning for legal rights such as anti-discrimination laws in the workplace and same-sex marriage.[87] LGBT Rights Advocacy China did not provide any reasons behind the decision to halt their work.[86]

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.[88] 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.[89] However, in August 2022, BlueCity, which controls Blued's operations, was delisted from the US-based Nasdaq stock exchange.[90] In addition, its CEO and Chairman, Ma Baoli, resigned without naming a successor, leaving the app's future uncertain.[91]

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.[92] 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.[93] 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."[94]

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."[95] These new regulations have begun to affect web dramas,[96] which have historically had fewer restrictions:[97]

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.[98]

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.[99]

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.[83]

Mr Gay China, a beauty pageant, was held in 2016 without incident.[100] 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.[101] 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".[102]

Amid increasing criticism of China's tightening of censorship under the rule of Chinese leader Xi Jinping,[103][104][105] 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,[106][107] 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.[108] 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.[109]

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,[110] 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.[111] 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.[112] 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.[113] 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.[114] 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".[115]

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.[116]

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.[117][118][119]

In 2020, Shanghai Pride Festival, one of the most important gay rights festivals founded in 2009, were forced to cancel their activities.[120] The announcement posted on their website read, “ShanghaiPRIDE regrets to announce that we are cancelling all upcoming activities”.[121] The organisation expressed solidarity with their community and encouraged them to remain “proud”, without specifying reasons for the cancellations.[121] Subsequently, ShanghaiPRIDE has not resumed its celebrations. Limited online events remain accessible through their website.[121]

In 2021, PFLAG China (Parents, Families, and Friends of Lesbians and Gays) changed its name to "Trueself",[122] 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 ".[123]

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.[87] China's birth rate has declined for the first time in six decades, sparking concerns about future economic growth and an aging population.[124]

Darius Longarino argues that the Chinese government views homosexuality as “a malign foreign influence that is stopping youth from getting married and having children”.[125] 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.[126] During Mao's rule, concepts viewed as Western and “non-socialist”, such as homosexuality, were eliminated from Chinese society.[127]

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.[91][128] This included assurances of more equal treatment alongside protections from workplace discrimination based on sexual preference and gender identity.[129]

Critics argue that China's acceptance of UN policy on LGBT rights is a foreign policy manoeuvre to appease the international community.[130] Darius Longarino describes this phenomenon as China wanting “to sound tolerant on the world stage”, despite their disregard for LGBT rights.[130]

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.[126] 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.[131] 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.[87]

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.[87]

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.[132]

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.[133] Timothy Hildebrandt, associate professor at the LSE contends that this means activism in China is successful “only insofar as their activities complement government interests”.[133] 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.[133]

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.[134] He argues that there has been an “awakening of cultural nationalism and the re-emergence of sexual conservatism”, fuelled by post-colonial trauma.[135]

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”.[136] 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.[136]

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”.[137] 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.[138][139] This is linked to a phenomenon called “homonormativity”, where LGBT people mimic heteronormative standards to gain the most visibility and acceptance in society.[140][141]

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.[139][140]

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.[142] 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”.[143] 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”.[144] 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.[142][145]

Conversion therapy

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.[146]

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.[147] 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.[148]

Following these two successful rulings, LGBT groups are now calling on the Chinese Health Ministry to ban conversion therapy.[149] 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.[25]

Public opinion and demographics

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.[150] 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.[151][150]

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.[152]

A September–October 2016 survey by the Varkey Foundation found that 54% of 18–21-year-olds supported same-sex marriage in China.[153]

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.[154]

As of at least 2023, Chinese public attitudes towards the LGBTQI community continues to become increasingly favorable.[155]: 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:

Summary table

Same-sex sexual activity legal Yes (Since 1997)[157]
Equal age of consent (14) Yes[158]
Freedom of expression No (some gay themes in media — including social media — are censored)[159][66][157][160][161][162]
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[65][163]
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[164][165][157]
Recognition of same-sex couples No/Yes (Similar but inequal "guardianship" status is legal and in use by same-sex couples)[157][39][165]
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)[166]
Transgender people allowed to serve in the military No (Physical health requirements effectively bar transgender people have undergone or undergoing medical transition from serving)[167]
Right to change legal gender Yes (Requires undergoing SRS, which requires a year of psychotherapy, among other things)[66][65]
Right to change the gender information of educational attainments and academic degrees No/Yes (Difficult[168] and no legal procedure,[169] 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[23][157][66] — with some legal precedent against forced conversion therapy)[170][171]
Access to IVF for lesbian couples Unknown (Legally requires a marriage certificate in public hospitals — may be de facto accessible in private hospitals)[164][172]
Automatic parenthood for both spouses after birth No
Commercial surrogacy for gay male couples No (Banned regardless of gender and sexual orientation)[164]
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)[23][27]
Transgender identity declassified as a mental illness No (Still classified as such, as of September 2019)[66]
MSM allowed to donate blood No (As of 2012)[173]

See also

Notes

  1. ^ Chinese: 勞動關係法, Cantonese romanization: Lòuhduhng Gwāanhaih Faat;
    Portuguese: Lei das relações de trabalho.[61][62]
  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»

References

  1. ^ a b c "State-Sponsored Discrimination, 11th edition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 2014.[permanent dead link]
  2. ^ 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
  3. ^ a b Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 56
  4. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. pp. 35–36.
  5. ^ a b Kang, Wenqing. Obsession: male same-sex relations in China, 1900-1950, Hong Kong University Press. Page 3
  6. ^ "History of Homosexuality". china.org.cn. Shanghai Star. Archived from the original on November 19, 2003. Retrieved 26 November 2016.
  7. ^ a b c Jeffreys, Elaine; Yu, Haiqing (2015). Sex in China. Polity. ISBN 978-0-7456-5613-7.
  8. ^ Chinese attitudes towards gay rights The Economist
  9. ^ a b c d China's Complicated LGBT Movement, The Diplomat, 1 June 2018
  10. ^ "China bans depictions of gay people on television". the Guardian. 2016-03-04. Retrieved 2021-11-15.
  11. ^ "China prohíbe los "hombres afeminados" en la televisión". La Vanguardia (in Spanish). 2021-09-03. Retrieved 2021-11-15.
  12. ^ a b c d e f g h i j "History of Homosexuality". china.org.cn. Shanghai Star. Archived from the original on November 19, 2003. Retrieved 26 November 2016.
  13. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 31.
  14. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 32.
  15. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p.46
  16. ^ a b Sommer, Matthew (2000). Sex, Law, and Society in Late Imperial China. Stanford University Press. p. 413. ISBN 0-8047-3695-2. Retrieved 2019-06-17.
  17. ^ a b c Brook, 232.
  18. ^ Brook, 231.
  19. ^ Li, Yinhe. (1992). Their World: a Study of Homosexuality in China. Shanxi People's Press.
  20. ^ "China: Information on Treatment of Homosexuals" (PDF). www.justice.gov. 14 June 2002.
  21. ^ "A History Of Homosexuality In China". www.theculturetrip.com. 12 July 2019.
  22. ^ Talha, Burki (2017-04-01). "Health and rights challenges for China's LGBT community". World Report. 389: 1286.
  23. ^ a b c ""Have You Considered Your Parents' Happiness?" Conversion Therapy Against LGBT People in China". Human Rights Watch. 15 November 2017.
  24. ^ "Policy issues concerning sexual orientation in China, Canada, and the United States" (PDF). Archived from the original (PDF) on 8 January 2016. Retrieved 29 April 2017.
  25. ^ a b "Conversion Therapy Still Promoted in China, Investigation Finds". Sixth Tone. 19 April 2019.
  26. ^ "Taiwan's marriage law brings frustration and hope for LGBT China". The Guardian. 5 July 2019.
  27. ^ a b "Chinese court backs publisher of textbook calling homosexuality 'psychological disorder'". Reuters. 2021-02-26. Retrieved 2021-03-02.
  28. ^ "Chinese court ruled textbook can call homosexuality a mental disorder". South China Morning Post. 2021-03-02. Retrieved 2021-03-02.
  29. ^ Yiu, Pak (8 July 2021). "WeChat deletes Chinese university LGBT accounts in fresh crackdown". Reuters. Retrieved 9 July 2021.
  30. ^ "Precarious Progress: Advocacy for the Human Rights of LGBT People in China | Outright International". outrightinternational.org. Retrieved 2023-03-12.
  31. ^ "Being LGBTI in China: A National Survey on Social Attitudes towards Sexual Orientation, Gender Identity and Gender Expression | United Nations Development Programme". UNDP. Retrieved 2023-03-12.
  32. ^ "laws". Archived from the original on 22 November 2016. Retrieved 29 April 2017.
  33. ^ Jeffreys, Elaine; Wang, Pan (2013). "The rise of Chinese-foreign marriage in mainland China, 1979–2010". China Information. 27 (3): 347–349. doi:10.1177/0920203X13492791. hdl:10453/27074. S2CID 147243003.
  34. ^ Wong, Edward; Piao, Vanessa (27 January 2016). "Couple's Lawsuit Is First Test for Same-Sex Marriage in China". The New York Times. Retrieved 23 March 2023.
  35. ^ Gay man sues for right to marry in China's first same-sex marriage lawsuit South China Morning Post, 6 January 2016
  36. ^ "Chinese Court Rules Against Gay Couple Seeking To Get Married". The Two-Way. 13 April 2016.
  37. ^ Tone, Sixth (17 May 2016). "Gay Couple Vows Wedding to Be First of Many". Retrieved 29 April 2017.
  38. ^ "Beijing Approves Mutual Guardianship for Gay Couple". Sixth Tone. 12 August 2019.
  39. ^ a b Wanqing, Zhang (2021-04-21). "LGBT Couples Not Entitled to Full Property Rights, Court Rules". Sixth Tone. Retrieved 2021-04-22.
  40. ^ "CHINA - New Regulations for Foreigners in Beijing Starting July 1, 2013". lexuniversal.com. Archived from the original on 2019-06-17. Retrieved 2013-08-17.
  41. ^ Pink News, "Gay couples to be protected by Hong Kong domestic violence law
  42. ^ "Hong Kong gov't appeals High Court ruling on marriage benefits for gay couple". Hong Kong Free Press HKFP. May 25, 2017.
  43. ^ Hong Kong criticised for refusing to accept visa ruling for British lesbian The Guardian, 2 November 2017
  44. ^ Hong Kong's highest court upholds landmark judgment in favour of lesbian expat QT, Hong Kong Free Press, 4 July 2018
  45. ^ "Hong Kong's top court sides with gay civil servant in application for spousal benefit and tax assessment". Hong Kong Free Press HKFP. 2019-06-06. Retrieved 2019-06-06.
  46. ^ 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
  47. ^ "Woman takes unprecedented step to advance LGBT cause in Hong Kong and sues government over civil partnerships ban". South China Morning Post. 24 August 2018.
  48. ^ Sobel, Ariel (24 August 2018). "Queer Hong Kong Woman Sues for Civil Union Rights". The Advocate.
  49. ^ Power, Shannon (24 August 2018). "Woman sues Hong Kong government for not allowing same-sex civil partnerships". Gay Star News. Archived from the original on 23 July 2019. Retrieved 22 September 2018.
  50. ^ "Marriage 'no longer special' if gay people allowed to wed, says Hong Kong government". The Independent. 2019-05-30. Retrieved 2019-07-03.
  51. ^ Chung, Kimmy (22 November 2018). "'Small step' in push for civil unions for gay couples shot down in Hong Kong's legislature after heated debate". South China Morning Post.
  52. ^ "Two gay men challenge Hong Kong ban on same-sex marriage". Reuters. 4 January 2019.
  53. ^ "Two gay men mount first legal challenges to Hong Kong laws banning same-sex marriage, with court giving their applications green light to proceed". South China Morning Post. 3 January 2019.
  54. ^ "Intercountry Adoption - China - Who Can Adopt". Archived from the original on 23 March 2011. Retrieved 29 April 2017.
  55. ^ a b Mountford, Tom (24 March 2010). "China: The Legal Position and Status of Lesbian, Gay, Bisexual and Transgender People in the People's Republic of China". Archived from the original on 19 October 2020. Retrieved 29 April 2017.. (use the "attachments" column to view the PDF)
  56. ^ a b Shepherd, Christian (28 September 2018). "China school sued by fired gay teacher in potential landmark case". The Japan Times Online. Retrieved 9 October 2018.
  57. ^ Taylor, Michael (7 March 2019). "China urged to take action on LGBT+ rights after backing U.N. changes". Reuters.
  58. ^ "China urged to worked with activists after 'landmark' acceptance of UNHRC's LGBT+ rights". Devdiscourse. 7 March 2019.
  59. ^ "中国首次在联合国UPR正面回应LGBT+问题". translives.net (in Chinese). 8 November 2018. Archived from the original on 11 May 2019. Retrieved 7 March 2019.
  60. ^ "AN INTRODUCTION TO HONG KONG BILL OF RIGHTS ORDINANCE" (PDF). Retrieved 29 April 2017.
  61. ^ "第7/2008號法律". macaolaw.gov.mo (in Chinese).
  62. ^ "愛瞞日報 Macau Concealers". www.facebook.com. Retrieved 2019-07-01.
  63. ^ "Legal Gender Recognition in China: A Legal and Policy Review" (PDF). UNDP. 2018-08-05.[permanent dead link]
  64. ^ Jun, Pi (9 October 2010). "Transgender in China". Journal of LGBT Youth. 7 (4): 346–351. doi:10.1080/19361653.2010.512518. S2CID 143885704.
  65. ^ a b c d "A Chinese trans woman wins a surprising legal victory". The Economist. 2020-08-01. ISSN 0013-0613. Retrieved 2021-03-07.
  66. ^ a b c d e Wang, Yuanyuan; Hu, Zhishan; Peng, Ke; Xin, Ying; Yang, Yuan; Drescher, Jack; Chen, Runsen (2019-09-01). "Discrimination against LGBT populations in China". The Lancet Public Health. 4 (9): e440–e441. doi:10.1016/S2468-2667(19)30153-7. ISSN 2468-2667. PMID 31493836.
  67. ^ Sun, Nancy (9 January 2014). "Shanxi Permits Persons to Change Gender Information". All-China Women's Federation. Archived from the original on 29 November 2014. Retrieved 17 October 2014.
  68. ^ Wenjun, Cai (November 5, 2021). "Nation's first transgender clinic opens in Shanghai". Shanghai Daily. Retrieved November 6, 2021.
  69. ^ "2017中国跨性别群体生存现状调查报告". MBA智库. Archived from the original on 2022-04-01. Retrieved 2022-02-08.
  70. ^ "跨性别者手术后:历时半年终于修改学历 就业遭歧视". 搜狐. 2019-12-23. Retrieved 2022-02-08.
  71. ^ 王若翰 (2012-06-20). "变性人群体真实生态:唯学历证明无法修改性别" (Press release) (in Chinese (China)). 搜狐. Archived from the original on 2014-08-12. Retrieved 2022-02-08.
  72. ^ Murphy, Colum (11 November 2021). "China's First Clinic for Transgender Kids Opens in Shanghai". Bloomberg News.
  73. ^ Yang, Caini (8 November 2022). "China's Plan to Ban Online Sale of Hormone Drugs Worries Trans Women". Sixth Tone. Retrieved 9 January 2023.
  74. ^ "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" [The State Drug Administration Department of comprehensive public consultation "drug network sales ban list (draft for comment)" comments]. www.nmpa.gov.cn. National Medical Products Administration. Retrieved 9 January 2023.
  75. ^ De Guzman, Chad (21 March 2023). "A New Drug Law and Old Attitudes Threaten China's Trans Community". Time. Retrieved 15 April 2023.
  76. ^ "Ms W vs. the Hong Kong Registrar of Marriages". Retrieved 29 April 2017.
  77. ^ Beyond the Boundary - Knowing and Concerns Intersex (October 2015). "Intersex report from Hong Kong China, and for the UN Committee Against Torture: the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment". Archived from the original on 26 March 2017.
  78. ^ Economy, Elizabeth C. (2018-06-29). "The great firewall of China: Xi Jinping's internet shutdown". The Guardian. ISSN 0261-3077. Retrieved 2023-11-26.
  79. ^ "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"". BBC News 中文 (in Simplified Chinese). 2021-07-09. Retrieved 2023-03-11.
  80. ^ a b Ni, Vincent; Davidson, Helen; correspondent, Vincent Ni China affairs (2021-07-08). "Outrage over shutdown of LGBTQ WeChat accounts in China". The Guardian. ISSN 0261-3077. Retrieved 2023-11-25.
  81. ^ 新华社. "汪文斌:我们依法管理互联网,还有问题吗?_哔哩哔哩_bilibili". www.bilibili.com (in Simplified Chinese). Retrieved 2023-03-12.
  82. ^ "新浪微博:本次游戏动漫清理不再针对同性恋内容". People's Daily (in Chinese). 16 April 2018.
  83. ^ a b China's LGBT community finds trouble, hope at end of rainbow, AFP, 2 June 2018, Archived June 17, 2019, at the Wayback Machine
  84. ^ Westcott, Ben; Jiang, Steven (9 July 2021). "China's LGBTQ community is fading from rainbow to gray". cnn.com/. CNN. Retrieved 2 February 2022.
  85. ^ "Chinese LGBT athlete comes out". www.scmp.com. 14 September 2021. 4 Oct. 2021.
  86. ^ a b "China LGBT rights group shuts down amid hostile environment". AP News. 2021-11-05. Retrieved 2023-11-25.
  87. ^ a b c d "Why the Communist Party fears gay rights". The Economist. ISSN 0013-0613. Retrieved 2023-11-25.
  88. ^ Riley, John (February 2022). "Grindr disappears from app stores in China amid crackdown on "bad internet culture"". metroweekly.com/. Metro Weekly. Retrieved 2 February 2022.
  89. ^ Hernández, Javier C. (16 December 2016). "Building a Community, and an Empire, With a Gay Dating App in China". The New York Times. Retrieved 23 March 2023.
  90. ^ Limited, BlueCity Holdings (2022-08-12). "BlueCity Announces Completion of Merger". GlobeNewswire News Room. Retrieved 2023-11-25.
  91. ^ a b "China crackdown pushes LGBT groups into the shadows". BBC News. 2023-06-27. Retrieved 2023-11-25.
  92. ^ Rauhala, Emily (2015-09-16). "This gay rights activist is suing the Chinese censors who banned his film". The Washington Post. ISSN 0190-8286. Retrieved 2016-03-06.
  93. ^ "Chinese Gay Activist Claims Victory in Online Film Censorship Lawsuit". Wall Street Journal. 28 December 2015. Retrieved 2016-03-06.
  94. ^ Leach, Anna (2016-02-11). "What is the Chinese media doing right for LGBT people?". The Guardian. ISSN 0261-3077. Retrieved 2016-03-06.
  95. ^ "China bans same-sex romance from TV screens". CNN. Retrieved 2016-03-06.
  96. ^ Ellis-Petersen, Hannah (2016-03-04). "China bans depictions of gay people on television". The Guardian. ISSN 0261-3077. Retrieved 2016-03-06.
  97. ^ Lilian Lin, China's Censors Pull More Web Dramas, Including Hit Rom-Com in ChinaRealTime (China blog of The Wall Street Journal), 21 January 2016
  98. ^ Lilian Lin and Chang Chen, China's Censors Take Another Gay-Themed Web Drama Offline in ChinaRealTime (China blog of The Wall Street Journal), 24 February 2016
  99. ^ Chinese broadcaster loses Eurovision rights over LGBT censorship, The Guardian, 11 May 2018
  100. ^ Winsor, Ben (August 9, 2016). "China crowned its first ever Mr Gay".
  101. ^ "Mr Gay World cancels Hong Kong event citing concerns over LGBTQ crackdown in mainland". Hong Kong Free Press. Retrieved 22 September 2018.
  102. ^ "Woman Receives 10-Year Prison Sentence in China For Writing Boys-Love Novels". Anime News Network. 23 November 2018.
  103. ^ (6 August 2020). Hollywood censors films to appease China, report suggests. BBC News. United Kingdom
  104. ^ Tager, James. Made in Hollywood, Censored by Beijing. PEN America. New York City
  105. ^ Chan, Tara Francis. (24 May 2018). China's 'Great Firewall' is taller than ever under 'president-for-life' Xi Jinping. Business Insider. Germany
  106. ^ Pei Li and Adam Jourdan. (26 March 2018). Beijing festival pulls award-winning gay film amid content squeeze. Reuters.
  107. ^ Ho, Pang-Chieh. (5 April 2018). Gay romance 'Call Me By Your Name' pulled from Beijing International Film Festival. SupChina. Beijing,
  108. ^ "老友记:中国视频网站被指删除剧集LGBT内容". BBC News 中文 (in Simplified Chinese). Retrieved 2023-03-11.
  109. ^ Qin, Amy (2016-03-06). "中国收紧网络剧审查,同性恋与巫术皆禁止". 纽约时报中文网 (in Chinese). Retrieved 2023-03-28.
  110. ^ "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". www.thepaper.cn. Retrieved 2023-03-11.
  111. ^ "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". www.thepaper.cn. Retrieved 2023-03-11.
  112. ^ "秋白打官司:有問題的是「櫃子」,不是我". Initium Media (in Traditional Chinese). Retrieved 2023-03-12.
  113. ^ "称教材"污名"同性恋 秋白状告教育部案二审开庭". www.bjnews.com.cn. Retrieved 2023-03-11.
  114. ^ "教材疑污名化同性恋 大学女生告教育部二审败诉". china.caixin.com. Retrieved 2023-03-12.
  115. ^ "秋白打官司:有問題的是「櫃子」,不是我". Initium Media (in Traditional Chinese). Retrieved 2023-03-11.
  116. ^ "Initium Media". Initium Media (in Traditional Chinese). Retrieved 2023-03-11.
  117. ^ "2017 Human Rights Report: China (includes Tibet, Hong Kong, and Macau)". U.S. State Department. Archived from the original on 2018-04-22. Xi'an police detained nine members of the gay advocacy group Speak Out hours before the conference it was hosting was slated to start.
  118. ^ "China police detain gay activists after Xian event canceled". Reuters. May 31, 2017.
  119. ^ ""Xi'an does not welcome homosexuality": 2017 Xi'an Conference changed from indefinite extension to official cancellation". SpeakOut. May 30, 2017. Archived from the original on February 27, 2019. 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"。
  120. ^ ""上海骄傲节"突然停办 或涉政治原因". Radio Free Asia (in Chinese (China)). Retrieved 2023-03-12.
  121. ^ a b c "The End of the Rainbow | 上海骄傲节 ShanghaiPRIDE". shpride.com. Retrieved 2023-11-25.
  122. ^ ""出色伙伴"的公益路,坚持,让我们更出色。|出色伙伴". www.chuse8.com. Retrieved 2023-03-12.
  123. ^ "机构简介|出色伙伴". www.chuse8.com. Retrieved 2023-03-12.
  124. ^ "China's population declines for the first time in decades". NBC News. 2023-01-17. Retrieved 2023-11-26.
  125. ^ "For China's LGBTQ community, safe spaces are becoming harder to find". NBC News. 2023-06-13. Retrieved 2023-11-26.
  126. ^ a b "The Prince: Searching for Xi Jinping". www.economist.com. Retrieved 2023-11-26.
  127. ^ Jiang, Ben Westcott, Steven (2021-07-09). "China's LGBTQ community is fading from rainbow to gray". CNN. Retrieved 2023-11-26.((cite web)): CS1 maint: multiple names: authors list (link)
  128. ^ "ODS HOME PAGE" (PDF). documents-dds-ny.un.org. Retrieved 2023-11-26.
  129. ^ Jeffreys, Elaine (2017), "Public policy and LGBT people and activism in mainland China", Routledge Handbook of the Chinese Communist Party, Routledge, doi:10.4324/9781315543918-18/public-policy-lgbt-people-activism-mainland-china-elaine-jeffreys, ISBN 978-1-315-54391-8, retrieved 2023-11-26
  130. ^ a b Wei, Nathan (2023-03-01). "China's UN statements about LGBTQ issues don't match the government's policies at home". The China Project. Retrieved 2023-11-26.
  131. ^ Li, Yao (2017). "A Zero-Sum Game? Repression and Protest in China". Government and Opposition. 54 (2): 309–335. doi:10.1017/gov.2017.24. ISSN 0017-257X.
  132. ^ Ritzer, George, ed. (2007-02-15). The Blackwell Encyclopedia of Sociology (1 ed.). Wiley. doi:10.1002/9781405165518.wbeoss087.pub2. ISBN 978-1-4051-2433-1.
  133. ^ a b c Hildebrandt, Timothy (2012). "Development and Division: the effect of transnational linkages and local politics on LGBT activism in China". Journal of Contemporary China. 21 (77): 845–862. doi:10.1080/10670564.2012.684967. ISSN 1067-0564.
  134. ^ Lee, Po-Han (2016-10-02). "LGBT rights versus Asian values: de/re-constructing the universality of human rights". The International Journal of Human Rights. 20 (7): 978–992. doi:10.1080/13642987.2016.1192537. ISSN 1364-2987.
  135. ^ Lee, Po-Han (2020-01-01). "Multiplicity of Queer Activism in East Asia: A Cosmopolitan Imagination for Justices". Advances in Sociology Research. Volume 30.
  136. ^ a b Loos, Tamara (2009). "Transnational Histories of Sexualities in Asia". The American Historical Review. 114 (5): 1309–1324. ISSN 0002-8762.
  137. ^ Phillips, Robert (2014). ""And I Am Also Gay": Illiberal Pragmatics, Neoliberal Homonormativity and LGBT Activism in Singapore". Anthropologica. 56 (1): 45–54. ISSN 0003-5459.
  138. ^ Hildebrandt, Timothy (2018-12-01). "NGOs and the success paradox: gay activism 'after' HIV/AIDS in China". eprints.lse.ac.uk. Retrieved 2023-11-26.
  139. ^ a b Chang, Stewart (2016-01-01). "Legacies of Exceptionalism and the Future of Gay Rights in Singapore". Scholarly Works.
  140. ^ a b Wei, Wei; Yan, Yunxiang (2021-10-20). "Rainbow parents and the familial model of tongzhi (LGBT) activism in contemporary China". Chinese Sociological Review. 53 (5): 451–472. doi:10.1080/21620555.2021.1981129. ISSN 2162-0555.
  141. ^ Rowlett, Benedict J. L.; Go, Christian (2021-07-16). "Tracing trans-regional discursive flows in Pink Dot Hong Kong promotional videos: (Homo)normativities and nationalism, activism and ambivalence". Journal of Language and Sexuality. 10 (2): 157–179. doi:10.1075/jls.20007.row. ISSN 2211-3770.
  142. ^ a b Kong, Travis S.K. (2019). "Transnational queer sociological analysis of sexual identity and civic‐political activism in Hong Kong, Taiwan and mainland China". The British Journal of Sociology. 70 (5): 1904–1925. doi:10.1111/1468-4446.12697. ISSN 0007-1315.
  143. ^ Ye, Shana (2021), "Queering "Postsocialist Coloniality": Decolonising queer fluidity and Postsocialist postcolonial China", Postcolonial and Postsocialist Dialogues, Routledge, doi:10.4324/9781003003199-6/queering-postsocialist-coloniality-shana-ye, ISBN 978-1-003-00319-9, retrieved 2023-11-26
  144. ^ Offord, Baden (2013). "Queer Activist Intersections in Southeast Asia: Human Rights and Cultural Studies". Asian Studies Review. 37 (3): 335–349. doi:10.1080/10357823.2013.792781. ISSN 1035-7823.
  145. ^ "LGBT Rights in Southeast Asia: One Step Forward, Two Steps Back?". The International Academic Forum (IAFOR). Retrieved 2023-11-26.
  146. ^ Kaiman, Jonathan (19 December 2014). "Chinese court rules 'gay cure' treatments illegal". The Guardian. Retrieved 29 April 2017.
  147. ^ Phillips, Tom (14 June 2016). "Gay man sues Chinese psychiatric hospital over 'sexuality correction'". The Guardian. Retrieved 29 April 2017.
  148. ^ "Gay Chinese man wins legal battle over forced conversion therapy". BBC. 4 July 2017. Retrieved 26 July 2017.
  149. ^ "Hospital Drops Appeal in Gay Man's Involuntary Treatment Case". Sixth Tone. 20 September 2017.
  150. ^ a b China rights: Gay people pledge not to enter into sham marriages BBC News
  151. ^ LGBTQ rights in mainland China looking gloomy after Taiwan's new ruling on same-sex marriage The Conversation
  152. ^ Kuo, Lily (5 July 2019). "Taiwan's marriage law brings frustration and hope for LGBT China". The Guardian.
  153. ^ Broadbent, Emma; Gougoulis, John; Lui, Nicole; Pota, Vikas; Simons, Jonathan (January 2017). "What The World's Young People Think And Feel" (PDF). Varkey Foundation.
  154. ^ "Study shows growing support for same-sex marriage in Hong Kong". South China Morning Post. July 3, 2018.
  155. ^ Klára, Dubravčíková (2023). "Living Standards and Social Issues". In Kironska, Kristina; Turscanyi, Richard Q. (eds.). Contemporary China: a New Superpower?. Routledge. ISBN 978-1-03-239508-1.
  156. ^ a b "CHINA (INCLUDES TIBET, HONG KONG, AND MACAU) 2017 HUMAN RIGHTS REPORT" (PDF). April 20, 2018. Archived (PDF) from the original on April 20, 2018. Retrieved 2021-01-26.
  157. ^ a b c d e "'Room for improvement': China's record on LGBTQ rights". South China Morning Post. 2020-12-21. Retrieved 2021-03-07.
  158. ^ Zhu, Guangxing; van der Aa, Suzan (2017-12-01). "A comparison of the gender-specificity of age of consent legislation in Europe and China: Towards a gender-neutral age of consent in China?". European Journal on Criminal Policy and Research. 23 (4): 523–537. doi:10.1007/s10610-017-9353-2. ISSN 1572-9869. S2CID 148825203. 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...
  159. ^ Burki, Talha (2017-04-01). "Health and rights challenges for China's LGBT community". The Lancet. 389 (10076): 1286. doi:10.1016/S0140-6736(17)30837-1. ISSN 0140-6736. PMID 28379143. S2CID 45700706.
  160. ^ Analysis by James Griffiths (2019-04-17). "Can you be gay online in China? Social media companies aren't sure". CNN. Retrieved 2021-03-07.
  161. ^ "China's Weibo reverses ban on 'homosexual' content after outcry". the Guardian. 2018-04-16. Retrieved 2021-03-07.
  162. ^ Davis, Rebecca (2020-06-05). "China's Gay Rights Stance Can't Derail Demand for LGBT Films". Variety. Retrieved 2021-03-08.
  163. ^ "Transgender Chinese man says he's won job bias lawsuit". AP NEWS. 2017-07-27. Retrieved 2021-03-07.
  164. ^ a b c "In China, Kids Of Unwed Mothers May Be Barred From Public Health Care, Education". NPR.org. Retrieved 2021-03-07.
  165. ^ a b Wang, Wilfred Yang; Chen, Xu. "How China is legally recognising same-sex couples, but not empowering them". The Conversation. Retrieved 2021-03-07.
  166. ^ Groffman, Nicolas (2017-05-15). "Army life: more gay-friendly in China than the West?". South China Morning Post. Archived from the original on 2017-05-16. Retrieved 2021-03-07.
  167. ^ "《应征公民体格检查标准》摘要". www.gfbzb.gov.cn. Retrieved 2021-08-25.
  168. ^ "跨性别者手术后:历时半年终于修改学历 就业遭歧视". 搜狐. 2019-12-23. Retrieved 2022-02-09.
  169. ^ 王若翰 (2012-06-20). "变性人群体真实生态:唯学历证明无法修改性别" (Press release) (in Chinese (China)). 搜狐. Archived from the original on 2014-08-12. Retrieved 2022-02-09.
  170. ^ "Many LGBT people in China forced into illegal 'conversion therapy': groups". Reuters. 2019-11-21. Retrieved 2021-03-07.
  171. ^ "China Court Rules Against Forced Conversion Therapy". Human Rights Watch. 2017-07-10. Retrieved 2021-03-07.
  172. ^ "Xiao Chen thought her twins were a perfect ending, but it was the start of another nightmare". www.abc.net.au. 2019-03-15. Retrieved 2021-03-07.
  173. ^ McAdam, Christopher; Parker, Logan (2014). "An Antiquated Perspective: Lifetime Ban for MSM Blood Donations No Longer Global Norm". DePaul Journal of Health Care Law. Retrieved 2021-03-07.