Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the People's Republic of China (PRC) face legal and social challenges that are not experienced by non-LGBTQ 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 LGBTQ people are present in its legal system, nor do hate crime laws cover sexual orientation or gender identity.

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

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

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

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

History and timeline

edit

Ancient China

edit

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

Shang dynasty

edit

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

Zhou dynasty

edit

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

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

Imperial China

edit

Han dynasty

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

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

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

Liu Song dynasty

edit

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

Tang dynasty

edit

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

Song dynasty

edit

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

Ming dynasty

edit

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

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

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

Qing dynasty

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

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

Modern China

edit

Republic of China

edit

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

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

People's Republic of China

edit

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

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

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

Recognition of same-sex relationships

edit

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

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

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

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

Beijing

edit

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

Hong Kong

edit

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

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

Adoption and parenting

edit

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

Discrimination protections

edit

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

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

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

Hong Kong

edit

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

Macau

edit

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

edit

In China, gender reassignment on official identification documents, such as the Resident Identity Card and Hukou, is permitted only after certain gender-affirming surgery procedures. As of 2022, following a policy revision by the National Health Commission, full gender-affirming surgery is no longer required to change one's gender marker. However, the removal of sexual and reproductive organs (such as orchiectomy or hysterectomy) remains necessary for the change.

Additionally, the eligibility criteria for sex reassignment surgery have been relaxed. Previous requirements, such as undergoing at least one year of mental health intervention and providing a notarized declaration, have been eliminated. Now, a signature from the individual seeking surgery is required, replacing the notarized document. Non-pathological diagnoses such as gender incongruence and gender dysphoria are now accepted as valid grounds for gender reassignment. The minimum age for undergoing sex reassignment surgery has been lowered to 18, down from the previous age of 20.[56][57]

Some criteria still remain, including the requirements of being unmarried, having notified direct family members, and having a persistent desire for gender reassignment for at least five years, without relapses or interruptions.

Meanwhile, discrimination towards transgender people from wider society is common.[58]

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.[59] 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.[60] As of September 2019, the Chinese Classification of Mental Disorders still classified transgender identity as a mental disorder.[61]

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.[62]

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.[60]

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.[63]

According to a survey conducted by Peking University, Chinese trans female students face strong discrimination in many areas of education.[64] 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.[65][66]

Gender-affirming treatment in China is limited due to a conservative social environment and non-supportive families. As a result, many individuals, particularly trans women, previously resorted to purchasing hormone medication online.

In December 2022, Chinese authorities imposed a ban on the online sale of estradiol and androgen blockers, even for individuals with valid prescriptions. This policy change requires patients to purchase these medications in person, with a valid prescription, further complicating access to gender-affirming treatment for many in the trans community.[67][68][69]

Hong Kong

edit

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.[70]

Intersex rights

edit

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.[71]

Censorship of LGBT activism and content

edit

Online censorship

edit

The Chinese government has continued to suppress LGBT organizations online in recent years. The “Great Firewall of China” blocks over 311,000 domains, and frequently takes down social media accounts and posts. The government is most likely to censor online content that criticizes the party or risks mass mobilization, 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.[72]

In July 2021, the WeChat accounts of the several LGBT associations from Chinese universities were closed. The accounts that were closed include some of the most important and influential university associations including Purple from Tsinghua University, Colorsworld from Peking University, and Zhihe from Fudan University.[73] WeChat's parent company, Tencent declined to comment on the account closures.[74] 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".[74]

In April 2018, Sina Weibo, one of the most popular social media platforms in China, decided to ban all LGBT-related issues.[75] 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.[76] 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.[77] 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."[77]

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.[78] 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.[79]

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.[80] The popular advocacy group had largely focused on campaigning for legal rights such as anti-discrimination laws in the workplace and same-sex marriage.[81] LGBT Rights Advocacy China did not provide any reasons behind the decision to halt their work.[80]

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.[82] 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.[83] However, in August 2022, BlueCity, which controls Blued's operations, was delisted from the US-based Nasdaq stock exchange.[84] In addition, its CEO and chairman, Ma Baoli, resigned without naming a successor, leaving the app's future uncertain.[85]

Media censorship

edit
 
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.[86] 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.[87] 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."[88]

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."[89] These new regulations have begun to affect web dramas,[90] which have historically had fewer restrictions:[91]

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.[92]

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.[93]

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.[76]

Mr Gay China, a beauty pageant, was held in 2016 without incident.[94] 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.[95] 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".[96]

Amid increasing criticism of China's tightening of censorship under the rule of Chinese leader Xi Jinping,[97][98][99] 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,[100][101] 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.[102] 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.[103]

Other forms of censorship

edit

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,[104] 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.[105] 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.[106] 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.[107] 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.[108] 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".[109]

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.[110]

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.[111][112][113]

In 2020, Shanghai Pride Festival, one of the most important gay rights festivals founded in 2009, were forced to cancel their activities.[114] The announcement posted on their website read, “ShanghaiPRIDE regrets to announce that we are cancelling all upcoming activities”.[115] The organisation expressed solidarity with their community and encouraged them to remain “proud”, without specifying reasons for the cancellations.[115] Subsequently, ShanghaiPRIDE has not resumed its celebrations. Limited online events remain accessible through their website.[115]

In 2021, PFLAG China (Parents, Families, and Friends of Lesbians and Gays) changed its name to "Trueself",[116] 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 ".[117]

In 2024, one of the country's last remaining lesbian bars, the Roxie in Shanghai, was forced to close.[7][118]

Academic insights into LGBT activism

edit

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.[119] He argues that there has been an “awakening of cultural nationalism and the re-emergence of sexual conservatism”, fuelled by post-colonial trauma.[120]

Tamara Loos, a professor at Cornell University, adds that Western colonization had a significant impact on the economies, politics, and cultures of both colonized and non-colonized areas of Asia. According to Loos, the legacy of Western imperialism has imposed moral norms that have led to the stigmatization of LGBT people and the internalization of shame across Asia.[121]

Scholars in queer studies argue that the history of colonialism has led to a "desexualization" of LGBT activism in Asia, where activist groups adopt a more "respectable" or "pragmatic" approach.[122] This means they often align with heteronormative standards to gain visibility and acceptance in society. This differs from Western LGBT activism, which has traditionally been more vocal and demanding in its fight for rights. Some researchers question whether this "pragmatic" activism is effective or if it simply reinforces heteronormative practices.[123][124][125][126]

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.[127] Dr Shana Yi, a professor at the University of Toronto, explains that queer studies in Asia must be “decolonized” and scholars must recognize the “heterogeneity and plurality of global coloniality”.[128] Baden Offord, Professor of Cultural Studies and Human Rights at Curtin University, argues that this can be achieved by adopting a “counter-hegemonic” approach to queer studies since it historically links Western modernization and “globalization as the source of sexual modernity”.[129] Thus, it must be acknowledged that LGBT movements are "characterized by their geo-political context, history, social, religious and economic conditions”, and so LGBT activism in China cannot be studied using a Western framework.[127][130]

As for the reason for the lack of LGBT acceptance, Confucian philosophy and a collectivist cultural mindset have long shaped conservative views on sexuality and gender roles in China. These traditions prioritize family, filial piety, and societal harmony over individual expression, making the acceptance of LGBT identities difficult. As one study by Dr. Hongjie Liu notes, "Influenced by a collectivist culture, Chinese people tend to subordinate personal interests to those of the group or collective."[131]

Under President Xi Jinping, the space for LGBT advocacy has become more restricted as the government has tightened control over civil society. These measures target organizations and movements seen as potential risks to traditional values and social harmony, particularly those receiving foreign funding, including some LGBT groups. These groups are sometimes viewed as promoting ideas that differ from traditional norms and values.[132][133]

Sociologist Cui Le argues that institutional homophobia in China is deeply rooted in the legal, educational, and social systems,[134] creating an environment where LGBT people face discrimination and marginalization. While recent political shifts have exacerbated these issues, the underlying prejudices have long been present in Chinese society.

The Chinese government decriminalized homosexuality in 1997 and in 2013 they accepted the United Nations’ recommendations to introduce anti-discrimination legislation for LGBT people.[85][135] This included assurances of more equal treatment alongside protections from workplace discrimination based on sexual preference and gender identity.[136]

Critics argue that China's acceptance of UN policy on LGBT rights is a foreign policy manoeuvre to appease the international community.[137]

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.[138] She argues that he saw the power of mass mobilization and the threat of social movements to autocratic regimes. By limiting the organizational power of grassroots activist groups, Xi Jinping limits the likelihood of mass revolution and calls for wider democratic reform.

Scholars also argue that mass mobilization is likely to face suppression when demonstrations are large, organized, formal, political, and carried out by minority groups, as they are seen to be more disruptive to social stability.[139] In this context, LGBT organizations are viewed as a threat in China since their demonstrations are often politically charged, large, and associated with “foreign” concepts.[81]

Echoing this idea, LGBT activists claim that during governmental interrogations, there is an emphasis placed on the threat that community organization poses to national security, rather than its immorality.[81]

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 government's crackdown, and partly driven by internalized shame.[140]

Scholars explain that the Chinese government directly controls the nature of LGBT activism in China through strict government regulation of civil sector organizations. In general, the government requires Non-Governmental Organizations’ (NGOs) compatibility with China's overall policy goals.[141] 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, organizations that adopt overtly political stances or mobilize the LGBT community are less likely to survive in China.[141]

Conversion therapy

edit

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.[142]

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.[143] 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.[144]

Following these two successful rulings, LGBT groups are now calling on the Chinese Health Ministry to ban conversion therapy.[145] However, as of December 2019, no effective measures have been taken by the Chinese Government to ban conversion therapy, and such treatments are being actively promoted across China.[29]

Public opinion and demographics

edit

According to certain estimates from 2010, about 80% to 90% of Chinese gay men were married to women.[146] 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.[147][146]

A 2016 survey from the Beijing LGBT Center found 5% of those who identified as LGBT had come out to everyone in their lives.[148]

A September–October 2016 survey by the Varkey Foundation found that 54% of 18–21-year-olds supported same-sex marriage in China.[149]

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.[150]

A May 2021 Ipsos poll showed that 43% of Chinese people supported same-sex marriage, 20% supported civil partnerships but not marriage, while 19% were opposed to all legal recognition for same-sex couples, and 18% were undecided.[151]

A poll in July 2024 by the William Institute found that 52% of Chinese agreed that same-sex couples should be able to marry.[152]

As of at least 2023, Chinese public attitudes towards the LGBTQI community continues to become increasingly favorable.[153]: 67 

Summary table

edit
Same-sex sexual activity legal   (Since 1997)[154]
Equal age of consent (14)  [155]
Freedom of expression   (some gay themes in media — including social media — are censored)[156][61][154][157][158][159] Since 2022, some places have regarded LGBT-themed publications as targets for crackdown and removal[160][161][162][163]
Anti-discrimination laws in employment   Not covered, one exemption of the Chinese Government allowing transgender protection has been noted but otherwise LGBT are not protected[60][164]
Anti-discrimination laws in education  
Anti-discrimination laws in the provision of goods and services  
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)  
Same-sex marriage(s)  [165][166][154]
Recognition of same-sex couples  /  (Similar but inequal "guardianship" status is legal and in use by same-sex couples)[154][43][166]
Stepchild adoption by same-sex couples  
Joint adoption by same-sex couples  
Lesbian, gay and bisexual allowed to serve in the military  /  (Service allowed, unclear if being openly gay is)[167]
Transgender people allowed to serve in the military   (Physical health requirements effectively bar transgender people who have undergone or are undergoing medical transition from serving)[168]
Right to change legal gender   (Requires undergoing SRS, which requires a year of psychotherapy, among other things)[61][60]
Right to change the gender information of educational attainments and academic degrees  /  (Difficult[169] and no legal procedure,[170] which has caused discrimination against well-educated trans women.)
Third gender option  
Intersex minors legally protected from early medical interventions   (See Intersex rights in China)
Conversion therapy banned by law   (Still in practice[27][154][61] — with some legal precedent against forced conversion therapy)[171][172]
Access to IVF for lesbian couples   (Legally requires a marriage certificate in public hospitals — may be de facto accessible in private hospitals)[165][173]
Automatic parenthood for both spouses after birth  
Commercial surrogacy for gay male couples   (Banned regardless of gender and sexual orientation)[165]
Homosexuality declassified as a mental illness   (Chinese Society of Psychiatry declassified it in 2001, however, teaching material classifying homosexuality as a psychological disorder can still be legally used)[27][31]
Transgender identity declassified as a mental illness   (Still classified as such, as of September 2019)[61]
MSM allowed to donate blood   (As of 2012)[174]

See also

edit

Notes

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

References

edit
  1. ^ a b c "State-Sponsored Discrimination, 11th edition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 2014.[permanent dead link]
  2. ^ Onon, Urgunge (2001). The secret history of the Mongols : the life and times of Chinggis Khan. Richmond, Surrey: Curzon. ISBN 0-7007-1335-2. OCLC 50664183. And anyone found indulging in homosexual practices should be executed
  3. ^ "Genghis Khan's constitutional ban on homosexuality revealed". 29 August 2007. Archived from the original on 11 September 2018. Retrieved 21 August 2024.
  4. ^ "History of Homosexuality". china.org.cn. Shanghai Star. Archived from the original on November 19, 2003. Retrieved 26 November 2016.
  5. ^ a b c Jeffreys, Elaine; Yu, Haiqing (2015). Sex in China. Polity. ISBN 978-0-7456-5613-7.
  6. ^ Ellis-Petersen, Hannah (2016-03-04). "China bans depictions of gay people on television". The Guardian. ISSN 0261-3077. Archived from the original on 2020-03-09. Retrieved 2024-06-28.
  7. ^ a b "Roxie, one of China's few lesbian bars, closes its doors". The Economist. 2024-06-27. ISSN 0013-0613. Archived from the original on 2024-06-27. Retrieved 2024-06-28. Earlier this month the bar announced that it would close. It blamed "forces beyond our control", a euphemism for official pressure.
  8. ^ a b Wang, Vivian (2024-05-25). "Xi Jinping's Recipe for Total Control: An Army of Eyes and Ears". The New York Times. ISSN 0362-4331. Archived from the original on 2024-05-25. Retrieved 2024-05-30.
  9. ^ Low, Stuart (2001-11-08). "Hard facts for heterosexuals". Malaysiakini. Archived from the original on 2024-02-29. Retrieved 2024-02-29.
  10. ^ Keown, Damien (June 2005). "Sexuality". Buddhist Ethics: a very short introduction. Archived from the original on February 6, 2024. Retrieved April 14, 2024.
  11. ^ "Celibacy in Indian and Tibetan Buddhism". Celibacy and Religious Traditions: 201–224. November 2007. Archived from the original on June 21, 2023. Retrieved April 17, 2024.
  12. ^ "Sexuality and gender". academic.oup.com. Archived from the original on 2022-10-19. Retrieved 2024-01-24.
  13. ^ Fian, Andi (2 December 2022). "BUDDHISM AND CONFUCIANISM ON HOMOSEXUALITY: THE ACCEPTANCE AND REJECTION BASED ON THE ARGUMENTS OF RELIGIOUS TEXTS". Journal of Religious Studies. 3 (2). Sekolah Pascasarjana, Universitas Gadjah Mada: Center for Religious and Cross-cultural Studies (CRCS): 73–82 – via Phil.
  14. ^ 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.
  15. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 31.
  16. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 32.
  17. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p.46
  18. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 56
  19. ^ a b Sommer, Matthew (2000). Sex, Law, and Society in Late Imperial China. Stanford University Press. p. 413. ISBN 0-8047-3695-2. Archived from the original on 2024-06-28. Retrieved 2019-06-17.
  20. ^ a b c Brook, 232.
  21. ^ Brook, 231.
  22. ^ Li, Yinhe. (1992). Their World: a Study of Homosexuality in China. Shanxi People's Press.
  23. ^ Kang, Wenqing. Obsession: male same-sex relations in China, 1900-1950, Hong Kong University Press. Page 3
  24. ^ "China: Information on Treatment of Homosexuals" (PDF). www.justice.gov. 14 June 2002. Archived (PDF) from the original on 7 September 2020. Retrieved 9 September 2019.
  25. ^ "A History Of Homosexuality In China". www.theculturetrip.com. 12 July 2019. Archived from the original on 7 September 2020. Retrieved 9 September 2019.
  26. ^ Talha, Burki (2017-04-01). "Health and rights challenges for China's LGBT community". World Report. 389: 1286.
  27. ^ a b c ""Have You Considered Your Parents' Happiness?" Conversion Therapy Against LGBT People in China". Human Rights Watch. 15 November 2017. Archived from the original on 7 September 2020. Retrieved 31 July 2019.
  28. ^ "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.
  29. ^ a b "Conversion Therapy Still Promoted in China, Investigation Finds". Sixth Tone. 19 April 2019. Archived from the original on 28 June 2024. Retrieved 15 August 2021.
  30. ^ Kuo, Lily (2019-07-05). "Taiwan's marriage law brings frustration and hope for LGBT China". The Guardian. ISSN 0261-3077. Archived from the original on 2020-09-07. Retrieved 2024-06-28.
  31. ^ a b "Chinese court backs publisher of textbook calling homosexuality 'psychological disorder'". Reuters. 2021-02-26. Archived from the original on 2021-11-07. Retrieved 2021-03-02.
  32. ^ "Chinese court ruled textbook can call homosexuality a mental disorder". South China Morning Post. 2021-03-02. Archived from the original on 2021-11-07. Retrieved 2021-03-02.
  33. ^ Yiu, Pak (8 July 2021). "WeChat deletes Chinese university LGBT accounts in fresh crackdown". Reuters. Archived from the original on 7 November 2021. Retrieved 9 July 2021.
  34. ^ "Precarious Progress: Advocacy for the Human Rights of LGBT People in China | Outright International". outrightinternational.org. Archived from the original on 2023-03-12. Retrieved 2023-03-12.
  35. ^ "Being LGBTI in China: A National Survey on Social Attitudes towards Sexual Orientation, Gender Identity and Gender Expression | United Nations Development Programme". UNDP. Archived from the original on 2023-03-12. Retrieved 2023-03-12.
  36. ^ "laws". Archived from the original on 22 November 2016. Retrieved 29 April 2017.
  37. ^ 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.
  38. ^ Wong, Edward; Piao, Vanessa (27 January 2016). "Couple's Lawsuit Is First Test for Same-Sex Marriage in China". The New York Times. Archived from the original on 28 June 2024. Retrieved 23 March 2023.
  39. ^ "Gay man sues for right to marry in China's first same-sex marriage lawsuit". South China Morning Post. 6 January 2016. Archived from the original on January 6, 2016. Retrieved April 11, 2024.
  40. ^ "Chinese Court Rules Against Gay Couple Seeking To Get Married". The Two-Way. 13 April 2016. Archived from the original on 13 June 2018. Retrieved 30 May 2024.
  41. ^ "Gay Couple Vows Wedding to Be First of Many". Sixth Tone. 17 May 2016. Archived from the original on 7 August 2017. Retrieved 29 April 2017.
  42. ^ "Beijing Approves Mutual Guardianship for Gay Couple". Sixth Tone. 12 August 2019. Archived from the original on 8 November 2021. Retrieved 26 August 2019.
  43. ^ a b Wanqing, Zhang (2021-04-21). "LGBT Couples Not Entitled to Full Property Rights, Court Rules". Sixth Tone. Archived from the original on 2021-04-22. Retrieved 2021-04-22.
  44. ^ "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.
  45. ^ Cai, Derek; Yip, Martin (5 September 2023). "Hong Kong: Court orders legal framework for same-sex unions". BBC News. Archived from the original on 11 September 2023. Retrieved 13 September 2023.
  46. ^ Kelleher, Patrick (18 May 2023). "Hong Kong: Support for same-sex marriage rises to new all-time high". PinkNews.
  47. ^ "Intercountry Adoption - China - Who Can Adopt". Archived from the original on 23 March 2011. Retrieved 29 April 2017.
  48. ^ 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)
  49. ^ a b Shepherd, Christian (28 September 2018). "China school sued by fired gay teacher in potential landmark case". The Japan Times Online. Archived from the original on 9 October 2018. Retrieved 9 October 2018.
  50. ^ Taylor, Michael (7 March 2019). "China urged to take action on LGBT+ rights after backing U.N. changes". Reuters. Archived from the original on 4 June 2019. Retrieved 7 March 2019.
  51. ^ "China urged to worked with activists after 'landmark' acceptance of UNHRC's LGBT+ rights". Devdiscourse. 7 March 2019. Archived from the original on 8 March 2019. Retrieved 7 March 2019.
  52. ^ "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.
  53. ^ "AN INTRODUCTION TO HONG KONG BILL OF RIGHTS ORDINANCE" (PDF). Archived (PDF) from the original on 6 April 2023. Retrieved 29 April 2017.
  54. ^ "第7/2008號法律". macaolaw.gov.mo (in Chinese). Archived from the original on 2018-11-07. Retrieved 2019-07-24.
  55. ^ "愛瞞日報 Macau Concealers". Facebook. Archived from the original on 2019-08-18. Retrieved 2019-07-01.
  56. ^ "概述". project-trans.org (in Chinese). Retrieved 2024-09-23.
  57. ^ "性别重置技术临床应用管理规范(2022 年版)". project-trans.org (in Chinese). Retrieved 2024-09-23.
  58. ^ "Legal Gender Recognition in China: A Legal and Policy Review" (PDF). UNDP. 2018. Archived from the original (PDF) on April 8, 2022. Retrieved April 11, 2024.
  59. ^ Jun, Pi (9 October 2010). "Transgender in China". Journal of LGBT Youth. 7 (4): 346–351. doi:10.1080/19361653.2010.512518. S2CID 143885704.
  60. ^ a b c d "A Chinese trans woman wins a surprising legal victory". The Economist. 2020-08-01. ISSN 0013-0613. Archived from the original on 2021-07-28. Retrieved 2021-03-07.
  61. ^ 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.
  62. ^ 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.
  63. ^ Wenjun, Cai (November 5, 2021). "Nation's first transgender clinic opens in Shanghai". Shanghai Daily. Archived from the original on June 28, 2024. Retrieved November 6, 2021.
  64. ^ "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.
  65. ^ "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. Archived from the original on 2021-03-25. Retrieved 2022-02-08.
  66. ^ 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.
  67. ^ Yang, Caini (8 November 2022). "China's Plan to Ban Online Sale of Hormone Drugs Worries Trans Women". Sixth Tone. Archived from the original on 3 December 2022. Retrieved 9 January 2023.
  68. ^ "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]. National Medical Products Administration. Retrieved 9 January 2023.
  69. ^ De Guzman, Chad (21 March 2023). "A New Drug Law and Old Attitudes Threaten China's Trans Community". Time. Archived from the original on 28 June 2024. Retrieved 15 April 2023.
  70. ^ "Ms W vs. the Hong Kong Registrar of Marriages". Archived from the original on 14 July 2018. Retrieved 29 April 2017.
  71. ^ 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.
  72. ^ Economy, Elizabeth C. (2018-06-29). "The great firewall of China: Xi Jinping's internet shutdown". The Guardian. ISSN 0261-3077. Archived from the original on 2019-10-10. Retrieved 2023-11-26.
  73. ^ "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. Archived from the original on 2024-06-28. Retrieved 2023-03-11.
  74. ^ a b Ni, Vincent; Davidson, Helen (2021-07-08). "Outrage over shutdown of LGBTQ WeChat accounts in China". The Guardian. ISSN 0261-3077. Archived from the original on 2021-07-08. Retrieved 2023-11-25.
  75. ^ "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. Archived from the original on 12 December 2018. Retrieved 23 July 2019.
  76. ^ a b "China's LGBT community finds trouble, hope at end of rainbow". news24. 2 June 2018. Archived from the original on June 17, 2019. Retrieved April 17, 2024.
  77. ^ a b Si Chen (1 June 2018). "China's Complicated LGBT Movement". The Diplomat. Archived from the original on June 30, 2018. Retrieved April 11, 2024.
  78. ^ Westcott, Ben; Jiang, Steven (9 July 2021). "China's LGBTQ community is fading from rainbow to gray". CNN. Archived from the original on 26 November 2023. Retrieved 2 February 2022.
  79. ^ Yan, Alice (14 September 2021). "Chinese LGBT athlete comes out as gay on social media and receives huge support despite government repression and censorship". South China Morning Post. Archived from the original on September 15, 2021. Retrieved April 17, 2024.
  80. ^ a b "China LGBT rights group shuts down amid hostile environment". Associated Press. 2021-11-05. Archived from the original on 2023-11-24. Retrieved 2023-11-25.
  81. ^ a b c "Why the Communist Party fears gay rights". The Economist. ISSN 0013-0613. Archived from the original on 2024-06-28. Retrieved 2023-11-25.
  82. ^ Riley, John (February 2022). "Grindr disappears from app stores in China amid crackdown on "bad internet culture"". metroweekly.com/. Metro Weekly. Archived from the original on 28 June 2024. Retrieved 2 February 2022.
  83. ^ Hernández, Javier C. (16 December 2016). "Building a Community, and an Empire, With a Gay Dating App in China". The New York Times. Archived from the original on 26 October 2022. Retrieved 23 March 2023.
  84. ^ Limited, BlueCity Holdings (2022-08-12). "BlueCity Announces Completion of Merger". GlobeNewswire News Room (Press release). Archived from the original on 2023-11-25. Retrieved 2023-11-25. {{cite press release}}: |last= has generic name (help)
  85. ^ a b "China crackdown pushes LGBT groups into the shadows". BBC News. 2023-06-27. Archived from the original on 2023-11-25. Retrieved 2023-11-25.
  86. ^ Rauhala, Emily (2015-09-16). "This gay rights activist is suing the Chinese censors who banned his film". The Washington Post. ISSN 0190-8286. Archived from the original on 2018-10-23. Retrieved 2016-03-06.
  87. ^ "Chinese Gay Activist Claims Victory in Online Film Censorship Lawsuit". Wall Street Journal. 28 December 2015. Archived from the original on 2019-03-29. Retrieved 2016-03-06.
  88. ^ Leach, Anna (2016-02-11). "What is the Chinese media doing right for LGBT people?". The Guardian. ISSN 0261-3077. Archived from the original on 2019-05-22. Retrieved 2016-03-06.
  89. ^ "China bans same-sex romance from TV screens". CNN. Archived from the original on 2018-09-10. Retrieved 2016-03-06.
  90. ^ Ellis-Petersen, Hannah (2016-03-04). "China bans depictions of gay people on television". The Guardian. ISSN 0261-3077. Archived from the original on 2020-03-09. Retrieved 2016-03-06.
  91. ^ Lin, Lilian (21 January 2016). "China's Censors Pull More Web Dramas, Including Hit Rom-Com". The Wall Street Journal. Archived from the original on January 21, 2016. Retrieved April 17, 2024.
  92. ^ Lin, Lilian; Chen, Chang (February 24, 2016). "China's Censors Take Another Gay-Themed Web Drama Offline". The Wall Street Journal. Archived from the original on February 28, 2016. Retrieved April 17, 2024.
  93. ^ Kuo, Lily (11 May 2018). "Chinese broadcaster loses Eurovision rights over LGBT censorship". The Guardian. Archived from the original on May 11, 2018. Retrieved April 17, 2024.
  94. ^ Winsor, Ben (August 9, 2016). "China crowned its first ever Mr Gay". Archived from the original on May 14, 2019. Retrieved May 14, 2019.
  95. ^ "Mr Gay World cancels Hong Kong event citing concerns over LGBTQ crackdown in mainland". Hong Kong Free Press. Archived from the original on 9 April 2019. Retrieved 22 September 2018.
  96. ^ "Woman Receives 10-Year Prison Sentence in China For Writing Boys-Love Novels". Anime News Network. 23 November 2018. Archived from the original on 2019-06-30. Retrieved 2018-11-25.
  97. ^ "Hollywood censors films to appease China, report suggests". BBC News. 2020. Archived from the original on August 10, 2020. Retrieved April 17, 2024.
  98. ^ "Made in Hollywood, Censored by Beijing". PEN America. 5 August 2020. Archived from the original on August 7, 2020. Retrieved April 17, 2024.
  99. ^ Tara Francis Chan (March 24, 2018). "China's 'Great Firewall' is taller than ever under 'president-for-life' Xi Jinping". Business Insider. Archived from the original on September 16, 2020. Retrieved April 17, 2024.
  100. ^ Li, Pei; Jourdan, Adam (March 26, 2018). "Beijing festival pulls award-winning gay film amid content squeeze". Reuters. Retrieved April 17, 2024.
  101. ^ Pang-Chieh Ho (April 5, 2018). "Gay romance 'Call Me By Your Name' pulled from Beijing International Film Festival". SupChina. Archived from the original on September 19, 2020. Retrieved April 11, 2024.
  102. ^ "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). Archived from the original on 2022-05-20. Retrieved 2023-03-11.
  103. ^ 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). Archived from the original on 2024-06-28. Retrieved 2023-03-28.
  104. ^ "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". The Paper. Archived from the original on 2023-03-12. Retrieved 2023-03-11.
  105. ^ "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". The Paper. Archived from the original on 2023-03-12. Retrieved 2023-03-11.
  106. ^ "秋白打官司:有問題的是「櫃子」,不是我". Initium Media (in Traditional Chinese). 15 March 2017. Archived from the original on 2021-01-21. Retrieved 2023-03-12.
  107. ^ "称教材"污名"同性恋 秋白状告教育部案二审开庭". www.bjnews.com.cn. Archived from the original on 2018-01-13. Retrieved 2023-03-11.
  108. ^ "教材疑污名化同性恋 大学女生告教育部二审败诉". china.caixin.com. Archived from the original on 2017-10-07. Retrieved 2023-03-12.
  109. ^ "秋白打官司:有問題的是「櫃子」,不是我". Initium Media (in Traditional Chinese). 15 March 2017. Archived from the original on 2021-01-21. Retrieved 2023-03-11.
  110. ^ "Initium Media". Initium Media (in Traditional Chinese). 15 March 2017. Archived from the original on 2021-01-21. Retrieved 2023-03-11.
  111. ^ "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.
  112. ^ "China police detain gay activists after Xian event canceled". Reuters. May 31, 2017. Archived from the original on May 14, 2019. Retrieved May 14, 2019.
  113. ^ ""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"。
  114. ^ ""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.
  115. ^ a b c "The End of the Rainbow | 上海骄傲节 ShanghaiPRIDE". shpride.com. Retrieved 2023-11-25.
  116. ^ ""出色伙伴"的公益路,坚持,让我们更出色。|出色伙伴". www.chuse8.com. Archived from the original on 2023-03-12. Retrieved 2023-03-12.
  117. ^ "机构简介|出色伙伴". www.chuse8.com. Archived from the original on 2023-03-12. Retrieved 2023-03-12.
  118. ^ Thibault, Harold (2024-06-25). "Shanghai's lesbian bar Roxie closes down". Le Monde. Archived from the original on 2024-06-28. Retrieved 2024-06-28.
  119. ^ 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. S2CID 147935516. Archived from the original on 2024-05-30. Retrieved 2023-11-26.
  120. ^ Lee, Po-Han (2020-01-01). "Multiplicity of Queer Activism in East Asia: A Cosmopolitan Imagination for Justices". Advances in Sociology Research. 30. Archived from the original on 2024-05-30. Retrieved 2023-11-26.
  121. ^ Loos, Tamara (2009). "Transnational Histories of Sexualities in Asia". The American Historical Review. 114 (5): 1309–1324. doi:10.1086/ahr.114.5.1309. ISSN 0002-8762. JSTOR 23303428. PMID 20425923.
  122. ^ 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. JSTOR 24469640.
  123. ^ Hildebrandt, Timothy (2018-12-01). "NGOs and the success paradox: gay activism 'after' HIV/AIDS in China". eprints.lse.ac.uk. Archived from the original on 2024-06-28. Retrieved 2023-11-26.
  124. ^ Chang, Stewart (2016-01-01). "Legacies of Exceptionalism and the Future of Gay Rights in Singapore". Scholarly Works. Archived from the original on 2023-11-27. Retrieved 2023-11-26.
  125. ^ 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. S2CID 241258297. Archived from the original on 2024-05-30. Retrieved 2023-11-26.
  126. ^ 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. S2CID 237674212. Archived from the original on 2023-11-26. Retrieved 2023-11-26.
  127. ^ 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. PMID 31402452. S2CID 199539344. Archived from the original on 2023-11-26. Retrieved 2023-11-26.
  128. ^ Ye, Shana (2021), "Queering "Postsocialist Coloniality": Decolonising queer fluidity and Postsocialist postcolonial China", Postcolonial and Postsocialist Dialogues, Routledge, doi:10.4324/9781003003199-6, ISBN 978-1-003-00319-9, S2CID 233713243, archived from the original on 2023-11-26, retrieved 2023-11-26
  129. ^ 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. S2CID 144458134. Archived from the original on 2024-05-30. Retrieved 2023-11-26.
  130. ^ "LGBT Rights in Southeast Asia: One Step Forward, Two Steps Back?". The International Academic Forum (IAFOR). Archived from the original on 2023-11-26. Retrieved 2023-11-26.
  131. ^ Liu, Hongjie; Feng, Tiejian; Ha, Toan; Liu, Hui; Cai, Yumao; Liu, Xiaoli; Li, Jian (2011). "Chinese Culture, Homosexuality Stigma, Social Support and Condom Use: A Path Analytic Model". Stigma Research and Action. 1 (1): 27–35. doi:10.5463/sra.v1i1.16. PMC 3124705. PMID 21731850.
  132. ^ Bloomberg (2023-05-16). "Chinese LGBTQ Center Closes Down". TIME. Retrieved 2024-09-23.
  133. ^ Canada, Asia Pacific Foundation of. "China's New Order: The Regulation of Foreign Organizations". Asia Pacific Foundation of Canada. Retrieved 2024-09-23.
  134. ^ Education, Pola Lem for Times Higher. "The Plight of China's Gay Scholars". Inside Higher Ed. Retrieved 2024-09-23.
  135. ^ "ODS HOME PAGE" (PDF). documents-dds-ny.un.org. Archived (PDF) from the original on 2022-10-14. Retrieved 2023-11-26.
  136. ^ Jeffreys, Elaine (2017), "Public policy and LGBT people and activism in mainland China", Routledge Handbook of the Chinese Communist Party, Routledge, pp. 283–296, doi:10.4324/9781315543918-18, hdl:10453/122043, ISBN 978-1-315-54391-8, archived from the original on 2024-06-28, retrieved 2023-11-26
  137. ^ Wei, Nathan (2023-03-01). "China's UN statements about LGBTQ issues don't match the government's policies at home". The China Project. Archived from the original on 2023-11-26. Retrieved 2023-11-26.
  138. ^ "The Prince: Searching for Xi Jinping". Economist. 28 September 2022. Archived from the original on 2024-06-28. Retrieved 2023-11-26.
  139. ^ 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. S2CID 148625534. Archived from the original on 2023-11-26. Retrieved 2023-11-26.
  140. ^ 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. Archived from the original on 2023-11-01. Retrieved 2023-11-26.
  141. ^ a b 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. S2CID 144028220.
  142. ^ Kaiman, Jonathan (19 December 2014). "Chinese court rules 'gay cure' treatments illegal". The Guardian. Archived from the original on 18 May 2019. Retrieved 29 April 2017.
  143. ^ Phillips, Tom (14 June 2016). "Gay man sues Chinese psychiatric hospital over 'sexuality correction'". The Guardian. Archived from the original on 18 May 2019. Retrieved 29 April 2017.
  144. ^ "Gay Chinese man wins legal battle over forced conversion therapy". BBC. 4 July 2017. Archived from the original on 18 May 2019. Retrieved 26 July 2017.
  145. ^ "Hospital Drops Appeal in Gay Man's Involuntary Treatment Case". Sixth Tone. 20 September 2017. Archived from the original on 18 May 2019. Retrieved 30 May 2024.
  146. ^ a b Wong, Tessa (April 14, 2016). "China rights: Gay people pledge not to enter into sham marriages". BBC News. Archived from the original on May 18, 2019. Retrieved April 11, 2024.
  147. ^ Meg Jing Zeng (July 3, 2017). "LGBTQ rights in mainland China looking gloomy after Taiwan's new ruling on same-sex marriage". The Conversation. Archived from the original on July 4, 2017. Retrieved April 11, 2024.
  148. ^ Kuo, Lily (5 July 2019). "Taiwan's marriage law brings frustration and hope for LGBT China". The Guardian. Archived from the original on 26 July 2019. Retrieved 22 July 2019.
  149. ^ Broadbent, Emma; Gougoulis, John; Lui, Nicole; Pota, Vikas; Simons, Jonathan (January 2017). "What The World's Young People Think And Feel" (PDF). Varkey Foundation. Archived (PDF) from the original on 2019-08-20. Retrieved 2021-04-24.
  150. ^ "Study shows growing support for same-sex marriage in Hong Kong". South China Morning Post. July 3, 2018. Archived from the original on July 7, 2019. Retrieved May 20, 2020.
  151. ^ "LGBT+ Pride 2021 Global Survey points to a generation gap around gender identity and sexual attraction | Ipsos". 2021-06-10. Archived from the original on 2021-06-10. Retrieved 2024-09-27.
  152. ^ thisisloyal.com, Loyal |. "Over half of Chinese people surveyed say LGBTQ people should be accepted by society". Williams Institute. Retrieved 2024-09-27.
  153. ^ 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.
  154. ^ a b c d e "'Room for improvement': China's record on LGBTQ rights". South China Morning Post. 2020-12-21. Archived from the original on 2021-08-31. Retrieved 2021-03-07.
  155. ^ 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. Archived from the original on 2024-05-30. Retrieved 2023-08-28. 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...
  156. ^ 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. Archived from the original on 2024-05-30. Retrieved 2021-03-07.
  157. ^ Analysis by James Griffiths (2019-04-17). "Can you be gay online in China? Social media companies aren't sure". CNN. Archived from the original on 2024-06-28. Retrieved 2021-03-07.
  158. ^ "China's Weibo reverses ban on 'homosexual' content after outcry". the Guardian. 2018-04-16. Archived from the original on 2024-06-28. Retrieved 2021-03-07.
  159. ^ Davis, Rebecca (2020-06-05). "China's Gay Rights Stance Can't Derail Demand for LGBT Films". Variety. Archived from the original on 2020-10-30. Retrieved 2021-03-08.
  160. ^ "2022年全省侵权盗版及非法出版物集中销毁活动暨"绿书签行动"系列宣传活动启动仪式在厦门举行". 福建宣传. 2022-05-07. Archived from the original on 2022-12-10. Retrieved 2024-06-13.
  161. ^ "2022年葛根庙镇"扫黄打非"行动方案 - 维基文库,自由的图书馆". zh.wikisource.org (in Chinese). Archived from the original on 2024-06-12. Retrieved 2024-06-12.
  162. ^ "沙湾区嘉农镇中心小学开展未成年人有害出版物专项整治活动". 乐山市教育局. 2022-05-20. Archived from the original on 2024-06-28. Retrieved 2024-06-12.
  163. ^ "射阳县开展"护苗2022"校园周边文化市场专项检查". 微信公众平台. Archived from the original on 2024-06-28. Retrieved 2024-06-12.
  164. ^ "Transgender Chinese man says he's won job bias lawsuit". AP NEWS. 2017-07-27. Archived from the original on 2021-07-19. Retrieved 2021-03-07.
  165. ^ a b c "In China, Kids Of Unwed Mothers May Be Barred From Public Health Care, Education". NPR.org. Archived from the original on 2021-03-08. Retrieved 2021-03-07.
  166. ^ a b Wang, Wilfred Yang; Chen, Xu (2 October 2019). "How China is legally recognising same-sex couples, but not empowering them". The Conversation. Archived from the original on 2021-03-16. Retrieved 2021-03-07.
  167. ^ 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.
  168. ^ "《应征公民体格检查标准》摘要". www.gfbzb.gov.cn. Archived from the original on 2021-08-25. Retrieved 2021-08-25.
  169. ^ "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. Archived from the original on 2021-03-25. Retrieved 2022-02-09.
  170. ^ 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.
  171. ^ "Many LGBT people in China forced into illegal 'conversion therapy': groups". Reuters. 2019-11-21. Archived from the original on 2021-03-07. Retrieved 2021-03-07.
  172. ^ "China Court Rules Against Forced Conversion Therapy". Human Rights Watch. 2017-07-10. Archived from the original on 2021-02-01. Retrieved 2021-03-07.
  173. ^ "Xiao Chen thought her twins were a perfect ending, but it was the start of another nightmare". ABC. 2019-03-15. Archived from the original on 2021-03-01. Retrieved 2021-03-07.
  174. ^ McAdam, Christopher; Parker, Logan (2014). "An Antiquated Perspective: Lifetime Ban for MSM Blood Donations No Longer Global Norm". DePaul Journal of Health Care Law. Archived from the original on 2021-07-19. Retrieved 2021-03-07.