China

**Lesbian, gay, bisexual and transgender** (**LGBT**) people in the **People's Republic of China** face legal and social challenges that are not experienced by non-LGBT residents. Same-sex couples are unable to marry or adopt, and households headed by such couples are ineligible for the same legal protections available to heterosexual couples. China provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation or gender identity.

## History and Timeline

Homosexuality and homoeroticism in China have been documented since ancient times. According to certain studies by Dr. Bret Hinsch, now associated with Fo Guang University in Taiwan, reviewed in a journal published by the University of London, homosexuality was regarded as a normal facet of life in China, prior to Western influence from 1840 onwards.  Several early Chinese emperors are speculated to have had homosexual relationships accompanied by heterosexual ones. Opposition to homosexuality, according to these same studies, did not become firmly established in China until the 19th and 20th centuries, through the Westernization efforts of the late Qing dynasty and the early Chinese Republic. However, this can be disputed since as early as 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 included a month in prison and 100 heavy blows with heavy bamboo.

Homosexuality was largely invisible during the Mao era. In the 1980s, the subject of homosexuality reemerged in the public domain and gay identities and communities have expanded in the public eye since then. However, the studies note that public discourse in China appears uninterested and, at best, ambivalent about homosexuality, and traditional sentiments on family obligations and discrimination remains a significant factor deterring same-sex attracted people from coming out.

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

## 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.

#### 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. 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.

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".

### 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.

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.

#### 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.

#### 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.

#### 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). They were never enforced.

#### 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. During this era, lesbian sexual practices became meeting the rapidly rising trend of "sapphism", which were created all in the name of pleasure. This included, but was not limited to the acts of frottage, cunnilingus and mutual masturbation.

Chinese homosexuals did not experience persecution which would compare to that experienced by homosexuals in Christian Europe 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, 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." European Jesuit missionaries such as Matteo Ricci took note of what they deemed "unnatural perversions", distressed over its often open and public nature. 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." Chinese writers typically made fun of these men, insisting that the only reason they condemned homosexuality was because they were forced to refrain from sexual pleasure as they were celibate.

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

#### Qing dynasty

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.

### 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.

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

#### People's Republic of China

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

All mentions to homosexuality in criminal law were removed in 1997. The Chinese Society of Psychiatry declassified homosexuality as a mental disorder in 2001 but still claims that a person could be conflicted or suffering from mental problems due to their sexuality. However, such change is yet to be reflected by the regulations of National Health and Family Planning Commission, a government branch that controls all regulations of health care services in China, which has resulted in psychiatric facilities and psychiatry education textbooks across the country still *de facto* considering homosexuality as a mental disorder and continuing to offer conversion therapy treatments. Transgender identity is still classified as a disorder despite laws allowing legal gender changes. 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. According to the *South China Morning Post*, the textbook is used by a number of Chinese universities. 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".

## Freedom of Expression and Censorship

In 2015, film-maker Fan Popo sued government censors for pulling his gay documentary *Mama Rainbow* from online sites. The lawsuit concluded in December 2015 with a finding by the Beijing No.1 Intermediate People's Court that the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) had not requested that hosting sites pull the documentary. Despite this ruling, which Fan felt was a victory because it effectively limited state involvement, "the film is still unavailable to see online on Chinese hosting sites."

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

> Chinese Web dramas are commonly deemed as enjoying looser censorship compared with content on TV and the silver screen. They often feature more sexual, violent and other content that is deemed by traditional broadcasters to fall in the no-no area.
>
>

In February 2016, the popular Chinese gay web series *Addicted (Heroin)* was banned from being broadcast online 12 episodes into a 15-episode season. Makers of the series uploaded the remaining episodes on YouTube instead.

In 2017, an LGBT conference was scheduled to be held in Xi'an. Western reports, using the organisers blog as their source, claimed the police had detained the organisers and threatened them.

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

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.

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.

Mr Gay China, a beauty pageant, was held in 2016 without incident. In 2018, the event host passively cancelled their engagement by not responding to any communications. Mr Gay World 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. That same year, a woman who wrote a gay-themed novel was sentenced to 10 years and 6 months in prison for "breaking obscenity laws".

Amid increasing criticism of China's tightening of censorship under the rule of Chinese leader Xi Jinping, 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,* throwing a spotlight on LGBT rights in China.

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. Later in 2021, Sun Wenjing, a Chinese professional volleyball player also announced via social media that she was a Lesbian by posting wedding photos of herself and her partner.

In February 2022 gay dating app Grindr was removed from app stores in China during a censorship push in the lead up to the 2022 Winter Olympics.

## Interesting articles

* How Gay Art Survives in Beijing, as Censors Tighten Grip
* Chinese broadcaster censors LGBT symbols at Eurovision
* Discrimination against LGBT populations in China
* Chine Stonewall page
* Life is getting harder for gay people in China

1. ↑ https://en.wikipedia.org/wiki/LGBT\_rights\_in\_China
2. ↑ https://www.academia.edu/44339462/\_Representations\_of\_Violence\_in\_Imperial\_China\_
3. ↑ https://www.nytimes.com/2020/01/17/travel/gay-art-beijing-china.html
4. ↑ https://www.bbc.co.uk/news/blogs-trending-44066237
5. ↑ https://www.thelancet.com/pdfs/journals/lanpub/PIIS2468-2667(19)30153-7.pdf
6. ↑ https://www.stonewall.org.uk/system/files/china\_global\_workplace\_briefing\_2018.pdf
7. ↑ https://www.economist.com/china/2022/06/09/life-is-getting-harder-for-gay-people-in-china