Home Features China Supreme Court Acknowledges LGBTQ Discrimination in Rare Public Statement

China Supreme Court Acknowledges LGBTQ Discrimination in Rare Public Statement

China’s Supreme People’s Court has issued a rare public response acknowledging discrimination based on sexual orientation, gender identity, and gender expression, marking an unusual move within the country’s legal system. The response came after a postgraduate student in Qingdao submitted a petition through China’s xinfang complaint system, urging the court to establish clearer legal standards against LGBTQ discrimination. In its written reply, the Supreme People’s Court Research Office stated: “The opinions and suggestions you raised are of great value.”

The response said courts may consider public insults, defamation, and discriminatory conduct targeting sexual orientation, gender identity, and gender expression as violations of personality rights. It also stated employers could face discrimination claims for unfair hiring, transfer, or dismissal practices, while schools may bear responsibility for bullying or discipline tied to LGBTQ identity. China decriminalized same-sex relations in 1997 and removed homosexuality from its list of mental disorders in 2001, but same-sex relationships remain unrecognized under Chinese law. Activists say LGBTQ advocacy and online discussion continue to face heavy censorship.

After the court’s response circulated online, related posts and articles were reportedly removed from some Chinese platforms. According to a Beijing-based queer activist, “Although the reply is not legally binding, it represents a rare form of institutional acknowledgment of Sexual Orientation and Gender Identity/Expression-related discrimination in China.” Chinese courts have recently heard several LGBTQ-related cases, including employment discrimination disputes and a 2024 ruling recognizing visitation rights involving a same-sex couple.D.C. police arrested a Maryland man after he allegedly threatened to shoot an employee while using anti-gay slurs at Ben’s Next Door restaurant and bar in Northwest Washington during Memorial Day weekend.

Police say 32-year-old Delonte Fraley of Accokeek, Maryland, was arrested Sunday, around 4:20 p.m., after an employee told a bartender not to serve him alcohol. According to a police statement, “The suspect overheard the employee and threatened to shoot the employee and used homophobic slurs against the employee.” Police say that when the employee left work, Fraley was allegedly standing near the employee’s vehicle. The employee returned to the restaurant and called the police. Officers then took Fraley into custody.
Court records show prosecutors upgraded the charge from Felony Threats (Hate/Bias) to Threatening to Injure or Kidnap a Person. A police affidavit says when the employee told Fraley he was not welcome in the restaurant because of alleged anti-gay remarks, the defendant became irate, stating, ‘I know where your Tesla is at. See me outside faggot, I will slap your ass’ and ‘I will shoot your ass.’” The incident happened during D.C. Black Pride weekend, when thousands of LGBTQ visitors and supporters were attending events across the city, including gatherings at nearby LGBTQ venues like Nellie’s Sports Bar and Thurst Lounge. A judge later released Fraley on personal recognizance with a stay-away order pending a June 4 preliminary hearing.
It is not clear whether the employee identifies as LGBTQ.

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