LGBTQ rights in China
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 | |
| Legal status | Legal since 1997 |
| Gender identity | Legal with surgery |
| Military | Unknown |
| Family rights | |
| Recognition of relationships | No recognition of same-sex couples |
| Adoption | Illegal |
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.
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.
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. While there weren't any laws explicitly prohibiting homosexuality in Maoist China, according to author Elaine Jeffreys, it was still "seen as a form of degeneracy originating in capitalist societies." 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.
Since the late 2010s, authorities have avoided showing homosexual relationships on TV shows. Under the general secretaryship of Xi Jinping, 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. The Chinese Communist Party increasingly considers LGBTQ advocacy as a product of "foreign forces." LGBTQ content is censored. Authors of boys' love works are routinely arrested and criminally prosecuted.
In 2016, 2019, 2022 and 2025, China voted against the United Nations independent expert on sexual orientation and gender identity at the United Nations Human Rights Council.