China's Supreme Court Responds to Petition on LGBT Discrimination

On May 8, 2026, the Research Office of China’s Supreme People’s Court issued a rare response to a petition concerning LGBT discrimination. The document includes the terms “sexual orientation”, “gender identity”, and “gender expression”. This phrasing is unusual for the Chinese legal system.

The response came after a petition from a graduate student in Qingdao. On March 25, 2026, he submitted a proposal through the state petition system “xinfang”, urging the Supreme People’s Court to establish clear judicial standards against discrimination based on sexual orientation and gender identity.

The official response stated that public insults, defamation, and discriminatory behavior against LGBT people could be treated by courts as violations of personal rights. Furthermore, schools could be held legally liable for bullying and wrongful disciplinary actions, and employers for discrimination in hiring, transferring, or dismissing employees based on sexual orientation or gender identity. The Office reported that the court had instructed lower-level courts on handling such cases and clarified adjudication rules through model cases.

The Research Office’s response does not hold the same legal force as a court ruling or an official judicial interpretation. However, Chinese LGBT activist Renn Hao considers the document an important unofficial statement. Activist and founder of the China Rainbow Coalition Xiaogang Wei called the response a rare form of institutional recognition of the discrimination problem.

Censorship and Historical Context

Almost immediately after the court’s response was published, related posts and articles were removed from Chinese platforms. In recent years, Chinese authorities have regularly restricted the public activities of organizations and online expression regarding sexual minorities. Activists report blocked accounts of student LGBT groups and the removal of related content.

Despite the absence of a federal law explicitly protecting against discrimination based on sexual orientation, courts accept such lawsuits. In 2018, the Supreme People’s Court recognized “equal employment rights disputes” as a legal basis for lawsuits, allowing LGBT people to challenge dismissals. Chinese courts also hear cases regarding custody and conversion therapy. In 2024, a Beijing court granted visitation rights to a child from a same-sex couple, setting a precedent in the country. Consensual same-sex relations were decriminalized in China in 1997, and homosexuality was removed from the list of mental disorders in 2001. However, the state does not recognize same-sex unions.