China
China’s top court acknowledges anti-LGBTQ discrimination
Postgraduate student petitioned for legal clarification
China’s Supreme People’s Court on May 8 issued a rare response to a petition involving LGBTQ discrimination.
In a surprising response; it discussed sexual orientation, gender identity, and gender expression. The response also mentioned workplace discrimination, public humiliation, and school bullying, language considered uncommon from China’s legal system.
The response stemmed from a proposal submitted by a postgraduate student in Qingdao through China’s xinfang petition system on March 25, urging the court to establish clearer judicial standards against discrimination based on sexual orientation and gender identity. Six weeks later, the Supreme People’s Court Research Office issued a written reply.
The Research Office is an internal legal and policy body within the Supreme People’s Court. It studies legal issues, drafts judicial guidance, and responds to legal inquiries submitted through official channels. Its responses do not carry the same legal weight as a judicial interpretation or court ruling.
“The opinions and suggestions you raised are of great value,” reads a translated version of the Supreme People’s Court Research Office response. “In order to thoroughly implement the Constitution, Civil Code, Employment Promotion Law and other legal provisions, and effectively protect citizens’ personality rights from infringement, the Supreme People’s Court has guided local courts at all levels to handle a number of related cases, and through typical cases and other forms has clarified adjudication rules.”
The response stated that courts may determine public insults, defamation and, discriminatory conduct targeting sexual orientation, gender identity and gender expression as infringement of personality rights. It also said employers treating individuals differently in hiring, employment, transfer or dismissal based on those characteristics could face employment discrimination claims. Schools could also bear legal responsibility for improper discipline or bullying involving students based on sexual orientation, gender identity and gender expression, according to the response.
“It’s not a systematic change from the authorities recognizing LGBTQ rights,” said Renn Hao, an LGBTQ activist in China. “However, it’s an informal statement from the Supreme Court. According to a scholar researching LGBTQ legal cases in China, courts are recognizing more cases involving LGBTQ discrimination and same-sex partners through their verdicts.”
China decriminalized consensual same-sex sexual relations in 1997 and removed homosexuality from the country’s list of mental disorders four years later. Chinese law, however, does not recognize same-sex relationships.
Public advocacy involving LGBTQ issues also remains tightly controlled. Authorities in recent years have continued restricting community organizing, public events, and online expression involving sexual minorities.
Discussions involving LGBTQ issues are also frequently censored on Chinese social media platforms.
Activists and advocacy groups say Chinese authorities in recent years have removed online content, shut down LGBTQ student group accounts and restricted public discussion involving sexual minority issues. After the Supreme People’s Court response began circulating online, related posts and articles were also removed from some Chinese platforms.
“It may still be too early to fully assess the long-term impact, as this development has only just happened and the situation is still unfolding,” said Xiaogang Wei, a Beijing-based LGBTQ rights activist, filmmaker, and founder of the China Rainbow Collective Foundation. “Although the reply is not legally binding, it represents a rare form of institutional acknowledgment of SOGIE-related discrimination in China. For Chinese LGBTQ people and advocates, this could become a meaningful reference point for future legal advocacy, public communication, and community awareness.”
Wei said the rapid removal of related posts and articles limited the development’s broader public impact and underscored how fragile LGBTQ visibility remains in China.
“This is why we believe it is important to continue sharing verified information and ensuring that this development is not erased from public understanding,” Wei said.
Chinese courts in recent years have also heard a number of LGBTQ-related employment discrimination cases, despite the absence of explicit nationwide protections based on sexual orientation or gender identity. In one notable case, the Supreme People’s Court in 2018 formally recognized “equal employment rights disputes” as a legal cause of action, allowing some discrimination-related cases to proceed through the courts.
Chinese courts have previously handled several LGBTQ-related disputes involving employment discrimination, custody, and so-called conversion therapy. In 2024, a Beijing court drew attention after recognizing visitation rights for a child involving a same sex couple, a decision activists described as a milestone for LGBTQ families in China.
China
Two Chinese men detained over AI-generated picture of pandas engaging in same-sex behavior
Arrests part of increased online surveillance, LGBTQ rights crackdown
Chinese authorities have detained two men after they shared an artificially altered image that linked queer identity with a specific city.
The Washington Post on Jan. 21 reported the men — who are 29 and 33 — circulated an AI-generated picture depicting pandas engaging in same-sex behavior in Chengdu, a major city in southwestern China often referred to as the “panda capital” due to its association with giant panda conservation. Local officials described the sharing of the image as “malicious,” and police in Chengdu took the men into custody.
Authorities also suspended the two men’s social media accounts, accusing them of spreading misinformation presented as legitimate news. According to the Post, the artificially generated image was posted alongside a fabricated headline, giving the appearance of an authentic news report. The image depicted two male pandas mating.
According to an official police report, police said the fabricated image was presented in the format of a legitimate news article and accompanied by a false headline. The caption read, “Chengdu: Two male Sichuan giant pandas successfully mate for the first time without human intervention,” authorities said.
Chinese regulators have in recent years tightened oversight of AI and online content.
Under the Interim Measures for the Administration of Generative Artificial Intelligence Services, issued in 2023, providers and users of generative AI systems are required to comply with existing laws, adhere to social and ethical standards, and refrain from producing or disseminating false or misleading information. Additional rules that took effect on Sept. 1, 2025, require online platforms to clearly label AI-generated content, a measure authorities have said is intended to curb misinformation and maintain order in digital spaces.
Police under Chinese law are permitted to impose administrative detention of up to 15 days for offenses deemed to disrupt public order, a category that includes the fabrication or dissemination of false information online. Such cases are handled outside the criminal court system and do not require formal prosecution.
According to a statement the Chengdu Public Security Bureau’s Chenghua branch released, police opened an investigation after receiving public reports that online accounts were spreading false information about the city. Authorities said officers collected evidence shortly afterward and placed the two individuals under administrative detention.
The detentions are not an isolated case.
The Washington Blade in July 2025 reported a Chinese female writer was arrested and subjected to a strip search after publishing gay erotic fiction online. At least 30 other writers — most of them women in their 20s — in the months that followed publicly described similar encounters with law enforcement, including home raids and questioning related to their online writing.
ShanghaiPRIDE, a Chinese LGBTQ advocacy group that organized annual Pride events in the city, has remained indefinitely suspended since 2021. In the same period, dozens of LGBTQ-focused accounts have been removed from WeChat, China’s largest social media platform, as authorities intensified oversight of online content related to sexual orientation and gender identity.
Authorities in 2021 detained the founder of LGBT Rights Advocacy China. They later released them on the condition that he shut down the organization, which ceased operations shortly afterward.
China decriminalized homosexuality in 1997 when it removed consensual same-sex sexual relations from the country’s criminal code. The Chinese Society of Psychiatry in 2001 formally removed homosexuality from its list of mental disorders. Despite those changes, same-sex relationships remain unrecognized under Chinese law, and there are no legal protections against discrimination based on sexual orientation or gender identity. Public advocacy for LGBTQ rights remains tightly restricted, with authorities continuing to limit community organizing, public events and online expression related to sexual minority issues.
Within China’s LGBTQ community, transgender and gender non-conforming people remain among the most vulnerable. Under current regulations, access to gender-affirming surgery is subject to strict requirements, including being at least 18 years old, unmarried, obtaining parental consent and having no criminal record — procedures that are required in order to legally change one’s gender on official documents.
China’s system of online governance places responsibility on both users and platforms to prevent the spread of prohibited content. Social media companies are required to conduct real-name verification, monitor user activity and remove posts that violate regulations, while individuals can be punished for content authorities determine to have caused public misunderstanding or social disruption.
“Actually, at least three similar incidents have occurred in Chengdu recently, all involving netizens posting on social media linking Chengdu with homosexuality, resulting in legal repercussions. This isn’t just about giant pandas. I think the local police’s reaction was somewhat excessive,” said Renn Hao, a Chinese queer activist. “The content was actually praising Chengdu’s inclusivity, and there was no need to punish them with regulations like ‘maliciously spreading false information.’”
“This situation reflects the strict censorship of LGBT related content in the area,” they added. “This censorship makes LGBT-related content increasingly invisible, and people are even more afraid to post or mention it. This not only impacts the LGBTQ+ community in China but also hinders public understanding and awareness of this group.”
Hong Kong
Hong Kong lawmakers overwhelmingly reject relationship recognition bill
Registered same-sex couples would have been allowed to make medical decisions
Lawmakers in Hong Kong on Wednesday overwhelmingly rejected a bill that would have extended limited legal rights to same-sex couples.
The New York Times notes 71 of the Legislative Council’s 89 members voted against the measure that would have allowed same-sex couples who either legally married or entered into a civil union overseas to register their partnerships in Hong Kong. The measure, among other things, would have allowed registered same-sex partners to make medical decisions on each other’s behalf.
The Hong Kong Court of Appeal in September 2023 ordered the government to establish a system through which same-sex couples can legally register their partnerships.
The Washington Blade previously reported Jimmy Sham, a pro-democracy activist who married his partner in the U.S. more than a decade ago, challenged Hong Kong’s refusal to recognize his marriage. The Court of Appeal gave the territory’s government an Oct. 27 deadline to act.
An activist with whom the Blade spoke last month said Beijing is “unlikely to interfere.”
Same-sex couples can legally marry in Taiwan, Nepal, and Thailand. Several Japanese courts in recent years have ruled the country’s ban on same-sex marriage is unconstitutional.
Hong Kong
Hong Kong government faces deadline to recognize same-sex couples
Court of Final Appeal mandated action by Oct. 27
The Hong Kong government’s proposal to create a legal framework for registering same-sex partnerships has sparked unusual controversy in the territory’s opposition-free legislature.
The debate follows a September 2023 Court of Final Appeal ruling, which ordered the government to establish such a system but stopped short of recognizing same-sex marriage.
The government in July published the Registration of Same-Sex Partnerships Bill and introduced it for a first reading in the Legislative Council, where a committee is now reviewing it. Chief Executive John Lee has urged lawmakers to support the measure to comply with a court order, but more than half of legislators have indicated they will oppose or abstain.
Under the proposal, only same-sex couples who are already married or in a civil union overseas would be eligible to register their partnerships in Hong Kong. Applicants must be at least 18-years-old, and one partner must hold residency in the city. Officials have emphasized the arrangement would not be equivalent to marriage and would not permit same-sex couples to wed in Hong Kong.
The Constitutional and Mainland Affairs Bureau would oversee the registration process, separating it from marriage registrations, which the Immigration Department handles. The government has stressed the framework “will not compromise the established position on upholding monogamous and heterosexual marriage.”
The bill would only grant same-sex couples limited rights.
A registered partnership would allow a partner to make medical decisions if the other becomes incapacitated. A partner would also be allowed to arrange post-death matters — including identifying the body, organizing a funeral, or authorizing cremation. The registry would allow registered partners to visit each other in the hospital. They would not, however, gain joint adoption, prison visitation or marriage rights afforded to heterosexual spouses.
The case originated from Jimmy Sham, a pro-democracy activist who married his partner in New York in 2013 and challenged Hong Kong’s refusal to recognize their union as discriminatory.
The Court of Final Appeal gave the government two years — with an Oct. 27 deadline — to establish a registry. Activists say authorities have shown no visible effort to engage with the LGBTQ community during that period, despite their outreach attempts.
The only public consultation occurred in late July, when residents were invited to submit written opinions to lawmakers and the government. The window for submissions lasted just one week.
Researchers from the Chinese University of Hong Kong’s Sexualities Research Program in January released the results of a survey of 908 LGBTQ respondents, recruited through community groups and social media. Nearly half reported being in a same-sex relationship, and among them, 69.5 percent said they wanted to marry their partner, while only 2.8 percent said they did not.
The findings, noted by Sean Hau, co-founder of the advocacy group Dear Family, Hong Kong, highlight the gap between community aspirations and the government’s proposed framework.
Hau pointed to legislator Paul Tse’s remarks at a July 3 panel meeting, where Tse noted Beijing had not expressed any stance on the partnership bill, leaving lawmakers to decide independently. Hau said subsequent reports underscored divisions within the pro-establishment camp.
Citing Ming Pao, a Chinese language newspaper, Hau noted about one-third of legislators had not publicly declared a position, with some privately opposed but unwilling to say so, and others supportive but silent given the sensitivity of the issue. Hau added several lawmakers described backing the bill in an election year as politically risky, though some said they would still vote according to their principles.
“The current stance of the Legislative Council does not appear to accurately reflect the public sentiment in Hong Kong,” said Hau.
A 2023 joint research report that the University of Hong Kong’s Center for Comparative and Public Law, the Chinese University of Hong Kong’s Sexualities Research Program, and the University of North Carolina School of Law found 60 percent of Hong Kongers support marriage equality. Twenty-three percent of Hong Kongers are neutral, and only 17 percent of them oppose marriage equality.
“This report, which tracks a decade of research, indicates a significant and positive evolution in public opinion on the rights of same-sex partners over the past 10 years,” said Hau.
Hau noted the city’s LGBTQ movement has a history of public advocacy, beginning with the first International Day Against Homophobia, Biphobia and Transphobia march in 2005 and the inaugural Pride parade in 2008. He said sustained civil society efforts have since broadened public understanding and acceptance.
Hong Kong in 2012 saw its first openly gay politician — also the first across mainland China, Hong Kong, Macau, and Taiwan — as well as several openly gay singers. Hau described this fact as significant progress within the Asian context.
“It is disheartening to witness recent setbacks in Hong Kong,” he said.
Pink Dot, an LGBTQ event that originates from Singapore, had to cancel its 11th event this year after it took place for a decade.
Organizers said that after applying to reserve a venue at the West Kowloon Cultural District early in the year, they suddenly learned it was “unable to be rented out” with no reason. Hua said they had to cancel the event because they could not find an alternate venue.
“Looking back, Hong Kong decriminalized same-sex sexual conduct as early as 1991. It is a somber irony that an event that continues to be held in Singapore, which only decriminalized same-sex conduct in 2022, can no longer take place in Hong Kong,” he said. ”Looking ahead, we share the uncertainty expressed by the Pink Dot organizing committee in their statement, and can only hope, as they do, that we will be able to “meet again under another pink sky” in the near future.”
A prominent Chinese LGBTQ activist, speaking to the Washington Blade on condition of anonymity, said some Hong Kong legislators invoke “traditional Chinese values” in opposing marriage equality, yet historical records show same-sex relationships in Chinese culture, from Emperor Han Wudi and his male companion to the King of Wei during the Warring States period.
“In these stories, same-sex love was not stigmatized but even described in romantic terms. So what truly are ‘traditional Chinese values’? I believe they are tolerance, respect, harmony, and love. Same-sex marriage is entirely consistent with these values,” said the activist, who noted surveys indicate more than half of Hong Kongers support anti-discrimination protections for sexual minorities.
“People in Hong Kong generally respect the right of loving couples to live together,” added the activist. “Ironically, it is the refusal of some legislators to recognize same-sex partnerships that deepens the risk of discrimination.”
The activist told the Blade that granting same-sex couples the ability to care for one another, build a household, and share the same rights as heterosexual couples is not a “special right,” but rather a basic necessity of life.
“As an international metropolis, Hong Kong strengthens its global image by protecting the rights of minority groups,” said the activist. “This inclusiveness is not only about human dignity, it also helps attract talent and supports the city’s long-term economic development.”
Beijing ‘unlikely to interfere’
The activist acknowledged some may worry about whether Beijing will thwart Hong Kong’s move towards relationship recognition. The activist said Beijing is “unlikely to interfere.”
“For China, it is important to have at least one city where the possibility of equal rights for same-sex couples can be explored,” said the activist. “As a Special Administrative Region, Hong Kong’s courts have already ruled that the government must introduce legislation to protect same-sex couple’s rights. The government is legally bound to follow that ruling — this is exactly in line with China’s principle of ‘Rule of law.’ In fact, Hong Kong’s attempt can provide valuable experience for China’s own future decisions on this issue.”
