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 people. 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 (雞姦) for homosexual anal intercourse. In 1740, an anti-homosexual decree was promulgated, defining voluntary homosexual intercourse between adults as illegal. The punishment allegedly included a month in prison and 80 heavy blows with heavy bamboo.

While there were not 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., according to author Elaine Jeffreys, it was still "seen as a form of degeneracy originating in capitalist societies." Since the late 2010s, authorities have avoided showing homosexual relationships on TV shows. Under Chinese Communist Party (CCP) general secretary 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 CCP increasingly considers LGBTQ advocacy the work of "foreign forces." LGBTQ content is censored. Authors of boys' love works are routinely arrested and criminally prosecuted.

In 2025, China voted against a motion to renew the mandate of the United Nations Independent Expert on Sexual Orientation and Gender Identity at the United Nations Human Rights Council.

History and timeline

Shang dynasty The earliest records of homosexuality and same-sex relations in China date from the Shang dynasty era. 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 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.Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 31. A more exalted example is the relationship of Mi Zixia and Duke Ling of Wei. Mizi Xia's sharing of an especially delicious peach with his lover was referenced by later writers as (), 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.Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 32.

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

Confucianism does not recognize homosexual marriage, but does not explicitly criminalize it either. Confucian values may support rejecting homosexuality in the sense of considering man and wife necessary in familial relations. Together with distinct gender roles, this can make Confucian society intolerant of homosexuality. But it does not strictly prohibit homosexuality, and allows or tolerates it if it does not interfere with familial relations or having children. Not all Confucian countries are intolerant of homosexuality.

Taoism and later Buddhism are not known to have been homophobic. Indic philosophy preferred celibacy to procreation, as opposed to both western and Sinic philosophy which championed procreation and marriage.

Han dynasty

Homosexuality and homoeroticism were common and accepted during the Han dynasty. 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, ) after a story that one afternoon after falling asleep for a nap on the same bed, Emperor Ai cut off his own sleeve, which Dong Xian was asleep on, 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.Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p.46

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 (, 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 claim that homosexuality was as common as heterosexuality. It is said that men engaged so often in homosexual activity, that unmarried women became jealous.Hinsch, Bret. (1990). Passions of the Cut Sleeve . University of California Press. p. 56

Tang dynasty During the Tang dynasty 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 of Emperor Zhao Ji in the Song dynasty, punishing (), 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 (; crossdressing).

Ming dynasty In addition to having relationships with women, the Zhengde Emperor also had relationships with men. 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,Brook, 232. 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.Brook, 231. 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.Li, Yinhe. (1992). Their World: a Study of Homosexuality in China. Shanxi People's Press.

The first statute specifically prohibiting same-sex sexual intercourse was enacted in the Jiajing era of Emperor Zhu Houcong 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.

Qing dynasty

By 1655, Qing courts began to use the term () for 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.Kang, Wenqing. Obsession: male same-sex relations in China, 1900-1950, Hong Kong University Press. Page 3

People's Republic of China Homosexuality was largely invisible during the Mao era. During the Cultural Revolution, homosexuals were regarded as "disgraceful" and "undesirable", and heavily persecuted.

Zhu Zhenhua () In 1983, an old photograph shows him being publicly humiliated for the crime of hooliganism and sodomy. Zhu Shouqing () was born in Hanyang, Wuhan. He was first arrested in 1958, and again on 9 December 1977, at the age of 62, when past charges were revisited.

Chen Baoping () In 1962, this 30-year-old man from Xingwen, Sichuan, was convicted of sodomy. He was sentenced to nine years in prison.

Ning Guofeng () Beijing resident. In 1977, he was subjected to labor reform for hooliganism.

Prior to 1997 revisions to the criminal laws, homosexual acts could be punished under the crime of hooliganism.