Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Civil unions (limited rights)
    Censorship
    ✖ State-enforced
    Changing Gender
    ✖ Legal, but requires surgery
    Non-binary gender recognition
    ✖ Not legally recognized
    Discrimination
    ✖ No protections
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Military
    Ambiguous
    Donating Blood
    ✖ Banned (indefinite deferral)
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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According to recent survey data available, societal resistance to LGBTQ+ rights in China is noticeable.

China Surveys

Support for Trans People Using the Restroom They Identify With

say trans people should be allowed to use the restroom they identify with
say trans people should not be allowed to use the restroom they identify with

Support for Trans People Marrying Someone of Their Birth Sex

say trans people should be allowed to marry someone of their birth sex
say trans people should not be allowed to marry someone of their birth sex

Support for Trans People Being Allowed to Conceive

say trans people should be allowed to conceive
say trans people should not be allowed to conceive

Support for Trans People Adopting Children

say trans people should be allowed to adopt
say trans people should not be allowed to adopt

Support for Trans People Having Surgeries

say trans people should be allowed to have surgeries
say trans people should not be allowed to have surgeries

Support for Discrimination Protection for Trans People

believe trans people should be protected
don't believe trans people should be protected

History

Homosexual activity in China

?

Homosexual activity in China is legal.

Current status
Since Mar 14, 1997
Legal
China’s current Penal Code (1997) contains no explicit prohibition of consensual sexual acts between persons of the same sex and all previous laws against homosexual sex were removed.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log
1949–Mar 14, 1997
Illegal (imprisonment as punishment)
After the Communist Party led by Mao Zedong came to power in 1949, they "stamped out anything they deemed deviant or decadent." During the 1960's and 70's, which was during the Cultural Revolution, gay people were subjected to public humiliation and long prison terms.
Added by Unknownmiles  ·  0 accurate votes  ·  Report Error  ·  Log
Legal
The 1911 Revolution ended China's final imperial dynasty, the Qing dynasty, and led to the establishment of the Republic of China. The explicit prohibition of ji jian (homosexual anal intercourse) was abolished by the succeeding states.
Sources:
history.state.gov/milestone…~:text=In%20October%20of%201911%2C%20a,and%20ending%20the%20imperial%20system.
Added by Unknownmiles  ·  0 accurate votes  ·  Report Error  ·  Log
1740–1912
Illegal (imprisonment as punishment)
During the Qing Dynasty, an anti-homosexual law was introduced and was publicized. The punishment was one month in prison and 100 heavy blows with heavy bamboo. This was the lightest punishment that existed in the entire Qing legal system.
Added by Unknownmiles  ·  0 accurate votes  ·  Report Error  ·  Log
1546–1740
Illegal (other penalty)
During the Jiajing reign of the Ming Dynasty, the first statute that prohibited homosexual sex came to be. "Whoever inserts his penis into another man's anus for lascivious play, shall receive 100 blows of the heavy bamboo.
Added by Unknownmiles  ·  0 accurate votes  ·  Report Error  ·  Log
Until 1546
Legal
In ancient China, homosexuality was widely accepted and viewed as normal. During the Liu Song Dynasty, there were writings which indicated that homosexuality and heterosexuality were equally as common. Some Emperor's, for example the Zhengde Emperor and the Tianqi Emperor had relationships with men and women, and Emperor Ai may have been homosexual.
Added by Unknownmiles  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in China

?

Same-sex marriage in China is civil unions (limited rights).

Current status
Since Oct 1, 2017
Civil unions (limited rights)
Since October 1st, 2017, a system that is in use for same-sex couples was enacted called "legal guardianship" or "guardianship agreement". The system grants same-sex couples some limited rights such as medical care, property management and other additional rights that can expressed through different documents the couple may sign.

Additionally, Beijing provides dependent residency status to foreign same-sex couples since the 1st of July 2013.

In Hong Kong, several court decisions and most notably court case Leung Chun Kwong v Secretary for the Civil Service granted same-sex couples limited rights and benefits in the realm of immigration, tax rights and inheritance.
Added by SunnyDex  ·  0 accurate votes  ·  Report Error  ·  Log
Jan 2017–Oct 1, 2017
Banned
There are no laws in China recognizing same-sex marriage in China. But Chinese activists say that legality may happen in the next couple of decades.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in China

?

Censorship of LGBT Issues in China is state-enforced.

Current status
State-enforced
China censors LGBT content, including LGBT-themed films, TV shows, and media. According to The Guardian, the Chinese government has "banned all depictions of gay people on television," calling it "vulgar, immoral and unhealthy content." The popular "boy love" (BL) TV drama "Addicted" was banned in 2016.

A Chinese broadcaster, Mango TV, which broadcasts Eurovision blurred a rainbow flag during the semi-final of the show.

In April of 2022, a few lines of dialog were removed from the Chinese release of the film 'Fantastic Beasts: The Secrets of Dumbledore.' The dialog referenced the gay romance between Albus Dumbledore and Gellert Grindelwald.

In August of 2023, Chinese officials removed an LGBTQ song from the set list of popular Taiwanese pop star A-Mei, ahead of her concert in Beijing. Security guards at the event forced fans to remove rainbow symbols and clothing. On the 22nd of August, Chinese officials shut down a handful of popular social media accounts on the Chinese social networking service WeChat.

Right to change legal gender in China

?

Right to change legal gender in China is legal, but requires surgery.

Current status
Since Sep 1, 2018
Legal, but requires surgery
"Sex change operation technical management standard" allows surgeries, and "Reply on household registration change gender related issues after the project's citizens Transsexual" by the Police Ministry allowed the legal gender to be changed.
Added by Icenowy  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in China

?

Legal recognition of non-binary gender in China is not legally recognized.

Current status
Not legally recognized
According to Wikipedia.
Added by Ro_Guy  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in China

?

LGBT discrimination in China is no protections.

Current status
No protections
China does not have protections for housing discrimination.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT employment discrimination in China

?

LGBT employment discrimination in China is no protections.

Current status
No protections
Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment.
Added by danlev  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in China

?

LGBT housing discrimination in China is no protections.

Current status
No protections
No protection laws are in place yet, that includes Hong Kong and Macau.
Added by Clara  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in China

?

Same-sex adoption in China is single only.

Current status
Since Sep 6, 2018
Single only
Single nationwide. but laws might be pending for same sex couples in some areas.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log
Dec 4, 1982–Sep 6, 2018
Illegal
The China Center of Adoption Affairs (CCAA) does not allow same-sex couples to adopt, nor does it allow foreign same-sex couples to adopt a baby from China.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in China

?

Serving openly in military in China is ambiguous.

Current status
Since Oct 1, 1949
Ambiguous
For homosexuals the policy is don't ask don't tell banned for transgenders
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in China

?

Blood donations by MSMs in China is banned (indefinite deferral).

Current status
Since Jul 1, 2012
Banned (indefinite deferral)
Homosexual men who are sexually active with other men can not donate blood in China, however, in 2012, the Chinese Ministry of Health lifted the ban against lesbians donating blood.
Added by danlev  ·  0 accurate votes  ·  Report Error  ·  Log
1998–Jul 1, 2012
Banned (indefinite deferral)
In 1998, China banned homosexual men and women from donating blood out of fear of spreading HIV.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in China

?

Conversion therapy in China is not banned.

Current status
Not banned
Although a Beijing court ruled conversion therapy illegal in 2014, there is no outright ban and the practice remains widespread throughout China.
Added by imullin01  ·  1 accurate vote  ·  Report Error  ·  Log

Equal age of consent in China

?

Equal age of consent in China is equal.

Current status
Since Oct 1, 1949
Equal
The age of consent in China is 14 for both same-sex and opposite sex couples.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log


LGBT Rights by Province

View the LGBT laws in each individual province of China.