LGBT rights in the People's Republic of China
LGBT rights in Communist China 
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Location of the People's Republic of China
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| Same-sex sexual activity legal? | Legal nationwide since 1997 |
| Gender identity/expression | Trans people allowed to change legal gender after sex reassignment surgery. |
| Military service | - |
| Discrimination protections | None nationwide |
| Family rights | |
| Recognition of relationships |
None nationwide |
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Restrictions:
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The Marriage Law of the People's Republic of China defines marriage as a union between a man and a woman |
| Adoption | Same-sex couples may not adopt jointly |
Lesbian, gay, bisexual, transgender (LGBT) ku'er (酷儿, queer) or tongzhi (同志 lit: 'comrade') persons in the People's Republic of China face social and legal challenges not experienced by non-LGBT residents.
The earliest law against a homosexual acts in China dates from the Zheng He era (政和, 1111-1118) of Emperor Zhao Ji (趙佶) in the Song dynasty, punishing "young males who act as prostitutes with a fine of 100 blows with a heavy bamboo and a fine of 50,000 cash." Another text from the Song Dynasty prohibits the offense of bu nan (male-female prostitution).
The first statute specifically prohibiting same-sex sexual intercourse between men was enacted in the Jiajing era (嘉靖, 1522-1567) of Emperor Zhu Houcong (朱厚熜) in the Ming dynasty.
By 1655, Qing courts began to refer to the term ji jian (sodomy) to apply to homosexual anal intercourse.In 1740, the first anti-homosexual decree in Chinese history 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.
In 1912, explicit prohibitions of ji jian were abolished in China.
In 1979, "hooliganism" was criminalized in Chinese criminal law. In 1997, the Chinese government abolished the hooligan law, an act considered by most to be a decriminalization of homosexuality in the People's Republic of China. In 2001, the Chinese Society of Psychiatry declassified homosexuality as a mental disorder.
The Marriage Law of the People's Republic of China, adopted at the third session of the Fifth National People's Congress on September 10, 1980, defines marriage as a union between a man and a woman. Legal frameworks on marriage in the PRC state marriage as being between a man and woman. Despite having a documented history of tolerance of homoerotism, homosexuality was largely invisible during the Mao era because homosexuals were pathologised and criminalised. 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, Jeffreys and Yu note that public discourse in China is disinterested 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'.
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