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LGBTQ rights in China

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This article is about LGBT rights in the People's Republic of China. For LGBT rights in the Republic of China, also known as Taiwan, see LGBT rights in Taiwan.
LGBTQ rights in China
Location of China
StatusLegal[1]
Gender identityTransgender people allowed to change legal gender after sex reassignment surgery.
MilitaryUnknown (not explicitly prohibited by law)
Family rights
Recognition of relationshipsNo
AdoptionNo

Lesbian, gay, bisexual and transgender (LGBT) people in the People's Republic of China face legal and social challenges that are not experienced by non-LGBT residents. According to the Constitution of China, monogamy is the only form of legal marriage in the country. Same-sex couples are unable to marry or adopt, and households headed by such couples are ineligible for the same legal protections available to heterosexual couples. No anti-discrimination protections exist for LGBT people.

Homosexuality and homoeroticism in China have been documented since ancient times. According to certain studies by the University of London,[2] homosexuality was regarded as a normal facet of life in China, prior to Western influence from 1840 onwards.[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]

Homosexuality was largely invisible during the Mao era.[6] 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.[6]

The government's approach to LGBT rights has been described as "fickle" and as being "no approval; no disapproval; no promotion".[7][8] There is much resistance from the authorities, as various LGBT events have been banned in recent years.[8]

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.[9]

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.[10] A more exalted example would be 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.[11]

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".[9]

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.[12]

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.[9]

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.[9]

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).[13] They were never enforced.[9]

Ming dynasty

The Zhengde Emperor of the Ming dynasty (1368–1644) is believed to have had a homosexual relationship with a Muslim leader from Hami, named Sayyid Husain. In addition to having relationships with men, the Zhengde Emperor also had many relationships with women. He sought the daughters of many of his officials. The Tianqi Emperor is believed to have had two private palaces, one for his female lovers and one for his male lovers.[9] 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.[9]

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,[14] 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."[14] European Jesuit missionaries such as Matteo Ricci took note of what they deemed "unnatural perversions", distressed over its often open and public nature.[15] 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."[14] 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.[9][16]

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.[13] Despite this, homosexuality was still commonly accepted and practiced, providing that the men produced heirs and married women later on. Homosexuality was even viewed as "luxurious" by middle classes. Same-sex marriage ceremonies were commonplace.[9]

Qing dynasty

A woman spying on two male lovers.

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.[9]

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.[6] During the Communist Cultural Revolution (1966 to 1976), homosexuals were regarded as "disgraceful" and "undesirable", and heavily persecuted.[17][18]

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.[19] However, such change is yet to be reflected by the regulations of National Health and Family Planning Commission,[20] 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][21][22] Transgender identity is still classified as a disorder despite laws allowing legal gender changes.[23] 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.[24] According to the South China Morning Post, the textbook is used by a number of Chinese universities.[25] In July 2021, a number of LGBT accounts run by university students on WeChat was deleted, with messages saying that the accounts "had violated regulations on the management of accounts offering public information service on the Chinese internet".[26]

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: 中华人民共和国婚姻法, pinyin: Zhōnghuá Rénmín Gònghéguó Hūnyīn Fǎ), adopted at the third session of the Fifth National People's Congress on September 10, 1980, defines marriage as a union between a man and a woman.[27][28]

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. 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.[29] On 13 April 2016, with hundreds of same-sex marriage supporters outside, the Changsha court ruled against Sun, who said he would appeal.[30] 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.[31]

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), his or her 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.[32][33]

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.[34]

Beijing

Beijing currently provides dependent residency status to the same-sex partners of legal residents, such as expats.[35]

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, pinyin: Jiātíng Jí Tóngjū Guānxi Bàolì Tiáolì).[a][36]

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.[37][38] 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.[39] Likewise, on 6 June 2019, the Court of Final Appeal upheld the April ruling,[40] after it had initially been overturned by the Court of Appeal.[41]

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.[42][43][44] A full hearing took place on 28 May 2019, but the court dismissed the case in October 2019.[45]

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.[46]

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.[47][48]

Adoption and parenting

The Chinese Government requires parents adopting children from China to be in heterosexual marriages.[49] Adoption of Chinese children by foreign same-sex couples and homosexual individuals is prohibited by the Chinese authorities.[50]

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.[50]

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.[51] 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.[51]

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". This news, however, was soon censored on all Chinese news and social media platforms.[52][53][54]

Hong Kong

Main article: Hong Kong Bill of Rights Ordinance

The Hong Kong Bill of Rights Ordinance 1991 (Chinese: 香港人權法案條例; pinyin: Xiānggǎng Rénquán Fǎ'àn Tiáolì)[b] prohibits discrimination on a variety of grounds, including "other status". In the case of Leung TC William Roy v. Secretary for Justice (2005), this has been interpreted to include sexual orientation. However, the Bill of Rights only applies to government sponsored discrimination and not the private sector.[55]

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),[c] protection of personal data (article 7/1,2 of Law No. 8/2005),[d] and ombudsman (article 31-A of Law No. 4/2012).[e]

Transgender rights

Main article: Transgender in China

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.[58] 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.[59] As of September 2019, the Chinese Classification of Mental Disorders still classified transgender identity as a mental disorder.[60]

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.[61]

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.[59]

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.[62]

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.[63]

Freedom of expression, religion and 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.[64] 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.[65] 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."[66]

On 31 December 2015, the China Television Drama Production Industry Association posted new guidelines, including a ban on showing LGBT relationships on television. The regulations stated: "No television drama shall show abnormal sexual relationships and behaviors, such as incest, same-sex relationships, sexual perversion, sexual assault, sexual abuse, sexual violence, and so on."[67] These new regulations have begun to affect web dramas,[68] which have historically had fewer restrictions:[69]

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.[70]

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.[71][72][73]

In April 2018, Sina Weibo, one of the most popular social media platforms in China, decided to ban all LGBT-related issues.[74] This quickly drew criticism from the public at large and the People's Daily, the Chinese Communist Party's official newspaper. Forms of criticism included the hashtag #IamGay, which was viewed over 240 million times.[75] Sina Weibo reversed its ban a few days later. Many Chinese interpreted the People's Daily editorial as a signal that the government may soften its attitude towards LGBT rights. However, a campaign marking the International Day Against Homophobia on school campuses was forbidden by public officials just one month later.[8] 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."[8]

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.[76]

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

Mr Gay China, a beauty pageant, was held in 2016 without incident.[77] 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.[78] 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".[79]

Amid increasing criticism of China's tightening of censorship under the rule of Chinese leader Xi Jinping,[80][81][82] 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,[83][84] throwing a spotlight on LGBT rights in China.

Rabbit God

Tu'er Shen (兔兒神), also known as the Rabbit God (兔神), is the Chinese Taoist matchmaker god for homosexual relations, and is the God of homosexual love. There used to be a temple dedicated to him in Southern China called the "Double Flowers Temple". The temple was destroyed by the Japanese military during World War II and no longer exists.[85] However, in the past decades, there have been revival attempts to worship him, particularly in Taiwan. In 2006, Lu Wei-ming founded a temple for Tu'er Shen in Yonghe District in New Taipei City.[86] About 9,000 gay pilgrims visit the temple each year for praying, particularly for a partner. The temple also performs marriage ceremonies for same-sex couples. It is the world's only religious shrine for homosexuals.[87]

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.[88]

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.[89] 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.[90]

Following these two successful rulings, LGBT groups are now calling on the Chinese Health Ministry to ban conversion therapy.[91] However, as of December 2019, no effective measures have been taken by the Chinese Government to ban conversion therapy, and such treatments are in fact being actively promoted across China.[22]

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.[92] 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.[93][94]

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.[95]

A September–October 2016 survey by the Varkey Foundation found that 54% of 18–21-year-olds supported same-sex marriage in China.[96]

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.[97]

Human rights reports

2017 United States Department of State report

In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in China:

  • Internet Freedom
    • "References to homosexuality and the scientifically accurate words for genitalia were also banned. Writers who cover lesbian, gay, bisexual, transgender, and intersex; gender; and youth health issues expressed concern over how to proceed without being shut down."[98]
  • Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
    • "No laws criminalize private consensual same-sex activities between adults. Due to societal discrimination and pressure to conform to family expectations, however, most lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons refrained from publicly discussing their sexual orientation or gender identity. Individuals and organizations working on LGBTI issues continued to report discrimination and harassment from authorities similar to that experienced by other organizations that accept funding from overseas.
    • Despite reports of domestic violence among LGBTI couples, the regulations on domestic violence and the Family Violence Law do not include same-sex partnerships, giving LGBTI victims of domestic violence less legal recourse than heterosexual victims.
    • A court in Henan Province in July ruled that a mental hospital in Zhumadian City owed a gay man named Wu 5000 yuan ($735) in compensation over being forced against his will in 2015 into "conversion therapy". Hospital employees forced Wu to take medicine and injections for 19 days after diagnosing him with a "sexual preference disorder".
    • NGOs working on LGBTI issues reported that although public advocacy work became more difficult for them in light of the Foreign NGO Management Law and the Domestic Charity Law, they made some progress in advocating for LGBTI rights through specific antidiscrimination cases. In July a court ruled in favor of a transgender man in his suit against his former employer for wrongful termination.
    • Xi’an police detained nine members of the gay advocacy group Speak Out hours before the conference it was hosting was slated to start."[98]

Summary table

Same-sex sexual activity legal Yes (Since 1997)[99]
Equal age of consent Yes (14)[100]
Anti-discrimination laws in employment No (Some transgender employees may be covered by anti-discrimination law)[59][101]
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[102][103][99]
Recognition of same-sex couples No (Similar but inequal "guardianship" status is legal and in use by same-sex couples)[99][34][103]
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
Lesbian, gay and bisexual allowed to serve in the military Yes (Service allowed, unclear if being openly gay is — may be similar to "Don't ask, don't tell")[104]
Transgender people allowed to serve in the military
Right to change legal gender Yes (Requires undergoing SRS, which requires a year of psychotherapy, among other things)[60][59]
Third gender option
Intersex minors legally protected from early medical interventions No (See Intersex rights in China)
Conversion therapy banned by law No (Still in practice[20][99][60] — with some legal precedent against forced conversion therapy)[105][106]
Freedom of expression No (Gay themes in media — including social media — are censored)[107][60][99][108][109][110]
Access to IVF for lesbian couples (Legally requires a marriage certificate in public hospitals — may be de facto accessible in private hospitals)[102][111]
Automatic parenthood for both spouses after birth
Commercial surrogacy for gay male couples No (Banned regardless of gender and sexual orientation)[102]
Homosexuality declassified as a mental illness No/Yes (Chinese Society of Psychiatry declassified in 2001, NHFPC and court system has not, leading to de facto classification)[20][24]
Transgender identity declassified as a mental illness No (Still classified as such, as of September 2019)[60]
MSM allowed to donate blood No (As of 2012)[112]

See also

Notes

  1. ^ Cantonese romanization: Gātìhng Kahp Tùhnggēui Gwāanhaih Bouhlihk Tìuhlaih
  2. ^ Cantonese romanization: Hēunggóng Yàhnkyùhn Faaton Tìuhlaih
  3. ^ Chinese: 勞動關係法, Cantonese romanization: Lòuhduhng Gwāanhaih Faat;
    Template:Lang-pt.[56][57]
  4. ^ Chinese: 個人資料保護法, Cantonese romanization: Goyàhn Jīlíu Bóuwuh Faat;
    Template:Lang-pt
  5. ^ 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》;
    Template:Lang-pt

References

  1. ^ a b c International Lesbian, Gay, Bisexual, Trans and Intersex Association (2014). "State-Sponsored Discrimination, 11th edition" (PDF). ILGA.{{cite web}}: CS1 maint: multiple names: authors list (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. ^ a b c Jeffreys, Elaine; Yu, Haiqing (2015). Sex in China. Polity. ISBN 978-0-7456-5613-7.
  7. ^ Chinese attitudes towards gay rights The Economist
  8. ^ a b c d China's Complicated LGBT Movement, The Diplomat, 1 June 2018
  9. ^ 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.
  10. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 31.
  11. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 32.
  12. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p.46
  13. ^ 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.
  14. ^ a b c Brook, 232.
  15. ^ Brook, 231.
  16. ^ Li, Yinhe. (1992). Their World: a Study of Homosexuality in China. Shanxi People’s Press.
  17. ^ "China: Information on Treatment of Homosexuals" (PDF). www.justice.gov. 14 June 2002.
  18. ^ "A History Of Homosexuality In China". www.theculturetrip.com. 12 July 2019.
  19. ^ Talha, Burki (2017-04-01). "Health and rights challenges for China's LGBT community". World Report. 389: 1286.
  20. ^ a b c ""Have You Considered Your Parents' Happiness?" Conversion Therapy Against LGBT People in China". Human Rights Watch. 15 November 2017.
  21. ^ "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.
  22. ^ a b "Conversion Therapy Still Promoted in China, Investigation Finds". Sixth Tone. 19 April 2019.
  23. ^ "Taiwan's marriage law brings frustration and hope for LGBT China". The Guardian. 5 July 2019.
  24. ^ a b Reuters Staff (2021-02-26). "Chinese court backs publisher of textbook calling homosexuality 'psychological disorder'". Reuters. Retrieved 2021-03-02. {{cite news}}: |author= has generic name (help)
  25. ^ "Chinese court ruled textbook can call homosexuality a mental disorder". South China Morning Post. 2021-03-02. Retrieved 2021-03-02.
  26. ^ Yiu, Pak (8 July 2021). "WeChat deletes Chinese university LGBT accounts in fresh crackdown". Reuters. Reuters. Retrieved 9 July 2021.
  27. ^ "laws". Archived from the original on 22 November 2016. Retrieved 29 April 2017.
  28. ^ 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.
  29. ^ Gay man sues for right to marry in China’s first same-sex marriage lawsuit South China Morning Post, 6 January 2016
  30. ^ "Chinese Court Rules Against Gay Couple Seeking To Get Married". The Two-Way. 13 April 2016.
  31. ^ Tone, Sixth. "Gay Couple Vows Wedding to Be First of Many". Retrieved 29 April 2017.
  32. ^ Lim Wu (20 August 2019). "意定监护，让中国 LGBT 拥有法律关系". zhuanlan.zhihu.com.
  33. ^ "Beijing Approves Mutual Guardianship for Gay Couple". Sixth Tone. 12 August 2019.
  34. ^ a b Wanqing, Zhang (2021-04-21). "LGBT Couples Not Entitled to Full Property Rights, Court Rules". Sixth Tone. Retrieved 2021-04-22.{{cite web}}: CS1 maint: url-status (link)
  35. ^ "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.
  36. ^ Pink News, "Gay couples to be protected by Hong Kong domestic violence law
  37. ^ "Hong Kong gov't appeals High Court ruling on marriage benefits for gay couple". Hong Kong Free Press HKFP. May 25, 2017.
  38. ^ Hong Kong criticised for refusing to accept visa ruling for British lesbian The Guardian, 2 November 2017
  39. ^ Hong Kong’s highest court upholds landmark judgment in favour of lesbian expat QT, Hong Kong Free Press, 4 July 2018
  40. ^ "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.
  41. ^ 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
  42. ^ "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.
  43. ^ Sobel, Ariel (24 August 2018). "Queer Hong Kong Woman Sues for Civil Union Rights". The Advocate.
  44. ^ Power, Shannon (24 August 2018). "Woman sues Hong Kong government for not allowing same-sex civil partnerships". Gay Star News.
  45. ^ "Marriage 'no longer special' if gay people allowed to wed, says Hong Kong government". The Independent. 2019-05-30. Retrieved 2019-07-03.
  46. ^ 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.
  47. ^ "Two gay men challenge Hong Kong ban on same-sex marriage". Reuters. 4 January 2019.
  48. ^ "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.
  49. ^ "Intercountry Adoption - China - Who Can Adopt". Archived from the original on 23 March 2011. Retrieved 29 April 2017.
  50. ^ 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". Retrieved 29 April 2017.. (use the "attachments" column to view the PDF)
  51. ^ 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.
  52. ^ Taylor, Michael (7 March 2019). "China urged to take action on LGBT+ rights after backing U.N. changes". Reuters.
  53. ^ "China urged to worked with activists after 'landmark' acceptance of UNHRC's LGBT+ rights". Devdiscourse. 7 March 2019.
  54. ^ "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.
  55. ^ "AN INTRODUCTION TO HONG KONG BILL OF RIGHTS ORDINANCE" (PDF). Retrieved 29 April 2017.
  56. ^ "第7/2008號法律". macaolaw.gov.mo (in Chinese).
  57. ^ "愛瞞日報 Macau Concealers". www.facebook.com. Retrieved 2019-07-01.
  58. ^ Jun, Pi (9 October 2010). "Transgender in China". Journal of LGBT Youth. 7 (4): 346–351. doi:10.1080/19361653.2010.512518. S2CID 143885704.
  59. ^ 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.
  60. ^ 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.
  61. ^ 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.
  62. ^ "Ms W vs. the Hong Kong Registrar of Marriages". Retrieved 29 April 2017.
  63. ^ 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.
  64. ^ 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.
  65. ^ "Chinese Gay Activist Claims Victory in Online Film Censorship Lawsuit". WSJ Blogs - China Real Time Report. Retrieved 2016-03-06.
  66. ^ Leach, Anna (2016-02-11). "What is the Chinese media doing right for LGBT people?". The Guardian. ISSN 0261-3077. Retrieved 2016-03-06.
  67. ^ "China bans same-sex romance from TV screens". CNN. Retrieved 2016-03-06.
  68. ^ Ellis-Petersen, Hannah (2016-03-04). "China bans depictions of gay people on television". The Guardian. ISSN 0261-3077. Retrieved 2016-03-06.
  69. ^ 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
  70. ^ 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
  71. ^ "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.
  72. ^ "China police detain gay activists after Xian event canceled". May 31, 2017.
  73. ^ ""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"。
  74. ^ "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.
  75. ^ 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
  76. ^ Chinese broadcaster loses Eurovision rights over LGBT censorship, The Guardian, 11 May 2018
  77. ^ Winsor, Ben (August 9, 2016). "China crowned its first ever Mr Gay".
  78. ^ "Mr Gay World cancels Hong Kong event citing concerns over LGBTQ crackdown in mainland". Hong Kong Free Press. Retrieved 22 September 2018.
  79. ^ "Woman Receives 10-Year Prison Sentence in China For Writing Boys-Love Novels". Anime News Network. 23 November 2018.
  80. ^ (6 August 2020). Hollywood censors films to appease China, report suggests. BBC News. United Kingdom
  81. ^ Tager, James. Made in Hollywood, Censored by Beijing. PEN America. New York City
  82. ^ Chan, Tara Francis. (24 May 2018). China's 'Great Firewall' is taller than ever under 'president-for-life' Xi Jinping. Business Insider. Germany
  83. ^ Pei Li and Adam Jourdan. (26 March 2018). Beijing festival pulls award-winning gay film amid content squeeze. Reuters.
  84. ^ Ho, Pang-Chieh. (5 April 2018). Gay romance ‘Call Me By Your Name’ pulled from Beijing International Film Festival. SupChina. Beijing,
  85. ^ "The Chinese Rabbit God". Lesbian Gay Bisexual and Trans in Church history.
  86. ^ Gold, Michael (26 January 2015). "Praying for a soul mate at Rabbit Temple". The Star Online.
  87. ^ Gold, Michael (19 January 2015). "Taiwan's gays pray for soul mates at 'Rabbit' temple". Reuters.
  88. ^ Kaiman, Jonathan (19 December 2014). "Chinese court rules 'gay cure' treatments illegal". Retrieved 29 April 2017 – via The Guardian.
  89. ^ Phillips, Tom (14 June 2016). "Gay man sues Chinese psychiatric hospital over 'sexuality correction'". Retrieved 29 April 2017 – via The Guardian.
  90. ^ "Gay Chinese man wins legal battle over forced conversion therapy". BBC. 4 July 2017. Retrieved 26 July 2017.
  91. ^ "Hospital Drops Appeal in Gay Man's Involuntary Treatment Case". Sixth Tone. 20 September 2017.
  92. ^ China rights: Gay people pledge not to enter into sham marriages BBC News
  93. ^ LGBTQ rights in mainland China looking gloomy after Taiwan’s new ruling on same-sex marriage The Conversation
  94. ^ China rights: Gay people pledge not to enter into sham marriages BBC News
  95. ^ Kuo, Lily (5 July 2019). "Taiwan's marriage law brings frustration and hope for LGBT China". The Guardian.
  96. ^ Broadbent, Emma; Gougoulis, John; Lui, Nicole; Pota, Vikas; Simons, Jonathan (January 2017). "What The World's Young People Think And Feel" (PDF). Varkey Foundation.
  97. ^ "Study shows growing support for same-sex marriage in Hong Kong". South China Morning Post. July 3, 2018.
  98. ^ 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.
  99. ^ 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.
  100. ^ 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. 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...
  101. ^ "Transgender Chinese man says he's won job bias lawsuit". AP NEWS. 2017-07-27. Retrieved 2021-03-07.
  102. ^ a b c "In China, Kids Of Unwed Mothers May Be Barred From Public Health Care, Education". NPR.org. Retrieved 2021-03-07.
  103. ^ 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.{{cite web}}: CS1 maint: url-status (link)
  104. ^ 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.
  105. ^ "Many LGBT people in China forced into illegal 'conversion therapy': groups". Reuters. 2019-11-21. Retrieved 2021-03-07.{{cite news}}: CS1 maint: url-status (link)
  106. ^ "China Court Rules Against Forced Conversion Therapy". Human Rights Watch. 2017-07-10. Retrieved 2021-03-07.
  107. ^ 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.
  108. ^ 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.
  109. ^ "China's Weibo reverses ban on 'homosexual' content after outcry". the Guardian. 2018-04-16. Retrieved 2021-03-07.
  110. ^ Davis, Rebecca (2020-06-05). "China's Gay Rights Stance Can't Derail Demand for LGBT Films". Variety. Retrieved 2021-03-08.
  111. ^ "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.
  112. ^ 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.{{cite web}}: CS1 maint: url-status (link)
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