And yes this includes trans folks
Not that change is gonna be instant but it’s real alright
The Supreme People’s Court responded rarely! Regarding the protection of the rights and interests of sexual minorities, this letter hides big changes
(in May 2026, a reply to a letter from the Supreme People’s Court quietly spread in the circle of sexual minorities in China. ）
This is not an ordinary reply. It comes from the Research Office of the Supreme People’s Court, and the payment date is May 8, 2026. In the letter, the SPC not only responded positively to the citizens’ proposal to “explicitly prohibit discrimination based on sexual orientation and gender identity in judicial trials”, but also systematically sorted out the three major breakthroughs in the protection of the rights and interests of sexual minorities in Chinese courts in recent years, and clearly stated that any unreasonable discrimination based on sexual orientation, gender identity, and gender expression is prohibited by law.
This is a belated but extremely heavy “reassurance”. It clearly outlines three solid lines of defense for the protection of the rights and interests of sexual minorities in China’s judicial practice.
1. From “Disease” to “Person”: The First Line of Defense for the Protection of Personality Rights
The letter first reviewed the landmark “Chinese Homosexual Correction Treatment” case. In this case, the effective judgment clearly stated: “Homosexuality is not a mental illness”.
This sentence breaks the long-standing shackles of stigma. Its significance is far more than winning individual cases, but declaring at the judicial level that sexual orientation is not a disease, but one of the normal sexual tendencies of human beings. Therefore, any electric shock, hypnosis, and aversive therapy in the name of “treatment” is not only ineffective, but also a serious violation of the personal dignity of citizens.
The court’s judgment is clear: for cases of public insult or slander of others’ sexual orientation, gender identity, and gender expression, it is generally found that it constitutes an infringement of general personality rights, and orders to stop the infringement, apologize, and compensate for mental damage. This means that the law will protect everyone from public humiliation and attacks because of their identity.
2. Refusal of Discriminatory Treatment: Judicial Red Lines for Employment Discrimination
The second type of typical case mentioned in the letter is the first transgender employment discrimination case in China. In the judgment of this case, the concepts of “gender identity” and “gender expression” appeared for the first time.
The party in the case was unjustly fired by the company for wearing clothing consistent with his gender identity. The court ultimately found that the employer discriminated against the employer on the grounds of sexual orientation, gender identity, and gender expression, which constituted employment discrimination, and the judgment revoked the relevant decision and compensated for the losses.
The significance of this judgment is that it expands the scope of protection of the right to equal employment from traditional gender discrimination to a deeper level of gender identity and expression. It sends a clear signal to all employers: your prejudices cannot be a reason to deprive others of job opportunities.
3. Protecting Campus Safety: Judicial Coverage for Students’ Right to Life
The third type of cases mentioned in the letter are school bullying due to improper punishment of students due to sexual orientation, gender identity, gender expression, etc., or failure to perform management duties, resulting in school bullying, and the court ordered the school to be held responsible in accordance with the law.
In the case of Zhang et al. and a school education institution in Hefei, the court ruled that because the school did not take appropriate psychological intervention measures for the suicidal gay student, but simply asked the parents to bring it back, the school was ordered to bear 30% of the compensation liability.
This verdict is a wake-up call for all schools: in the face of LGBTQ students, the responsibility of schools is not to “correct” or “avoid”, but to provide a safe and inclusive learning environment to protect their personal freedom and personal dignity. Any form of school bullying, as well as the school’s inaction, will face legal accountability.
More importantly, the future plan in the letter
The value of this reply letter is not only a review of past precedents, but also that it clarifies the direction of the future.
The letter reads: "In the next step, we will continue to sort out cases involving the protection of the rights and interests of sexual minorities in courts across the country, summarize the adjudication rules, and unify the adjudication standards; Timely clarify mature adjudication rules through judicial interpretations, meeting minutes, guiding cases, etc., and strengthen the supply of rules; Incorporate the protection of personality rights into judge training.
This means that the Supreme People’s Court is preparing to transform these scattered and breakthrough case experiences into systematic and nationally unified judicial rules. In the future, the trial of similar cases will no longer rely on the enlightenment of individual judges, but will have clear rules to follow.
Write to everyone who is in trouble
Many times, change does not happen overnight. It is like this reply letter, not an earth-shattering declaration, but a sincere step for the judicial system to listen to public opinion and respond to demands.
From the end of “corrective treatment” to the prohibition of employment discrimination to the accountability of school bullying, the law is building a protection net for every LGBT citizen. This net may not be dense enough, but it is becoming more and more solid.
If you or someone close to you is experiencing injustice, remember: you are not alone. These precedents and this reply letter are your most powerful weapons when defending your rights.
Equality is never a handout from others, but a right we should have. And the law is becoming our most solid backing. Come out for help, please contact a great partner (500,000+ helped)
Gather the galaxy with a glimmer of light, light up the rainbow with kindness, and thank you for the warm reward
From what I could gather, using OCR on the image of the letter
您好!《关于在司法审判中明确禁止基 于性取向与性别认同歧视原则的法律适用建议》收悉。感谢您对人民法院工作的关心与支持.
Hello! We have received your “Suggestions on Explicitly Prohibiting the Application of Law Based on the Principle of Discrimination Based on Sexual Orientation and Gender Identity in Judicial Adjudication.” Thank you for your concern and support for the work of the People’s Court.
您所提的意见建议很有价值。为贯彻落实宪法、民法典、就业促进法等法律规定,切实保护公民的人格尊严不受侵犯,最高人民法院指导地方 各级法院审理了一批相关案件,并通过典型案例等形式明确以下裁判规则,与您的建议高度一致:一是针对公开侮辱、诽谤他人性倾向、性别认同、性 别表达的案件,人民法院一般认定为构成侵害一般人格权,判令停止侵害、赔礼道歉、赔偿精神损害,明确基于性倾向、性别认同、性别表达的歧视性 言行具有违法性。
Your suggestions are very valuable. To implement the provisions of the Constitution, the Civil Code, the Employment Promotion Law, and other laws, and to effectively protect the personal dignity of citizens from infringement, the Supreme People’s Court has guided local courts at all levels in handling a number of related cases and clarified the following adjudication rules through typical cases, which are highly consistent with your suggestions: First, for cases involving public insults or defamation of others’ sexual orientation, gender identity, or gender expression, the people’s courts generally determine that these constitute infringements of general personality rights, ordering cessation of the infringement, apology, and compensation for mental distress, thus clarifying that discriminatory words and actions based on sexual orientation, gender identity, or gender expression are illegal.
比如,在“中国同性恋矫正治疗”第一案中,生效裁判明确“同性恋不是精神疾病”。二是在招聘、录用、调岗、解雇中,用人单位 以性倾向、性别认同、性别表达为由实施差别对待的,人民法院也会依法认定用人单位构成就业歧视,判令撤销相关决定、赔偿损失等,明确禁止就业 领域基于性倾向、性别认同、性别表达的不合理歧视。
For example, in the first case of “conversion therapy for homosexuality in China,” the effective judgment clearly stated that “homosexuality is not a mental illness.” Secondly, in recruitment, hiring, job transfer, and dismissal, if employers discriminate based on sexual orientation, gender identity, or gender expression, the people’s courts will legally determine that the employer has committed employment discrimination, ordering the revocation of the relevant decisions and compensation for losses, etc., explicitly prohibiting unreasonable discrimination in the employment field based on sexual orientation, gender identity, or gender expression.
比如,在国内首例跨性别就业歧视案中,判决书中首次出现了“性别认同”、“性别表达”等概念,三是学校因学生性倾向、性别认同、性别表达等实施不当惩戒,或未履行管理职责导致校园欺凌的,人民法院依法判令学校承担责任,强化学校对 学生人身自由与人格尊严的保护义务。
For example, in the first case of transgender employment discrimination in China, the concepts of “gender identity” and “gender expression” appeared for the first time in the judgment. Thirdly, if a school imposes inappropriate punishment on students due to their sexual orientation, gender identity, or gender expression, or fails to fulfill its management responsibilities, resulting in campus bullying, the people’s court shall order the school to bear responsibility in accordance with the law, thereby strengthening the school’s obligation to protect students’ personal freedom and dignity.
比如,在张某等与合肥某学校教育机构责任纠纷一案中,生效裁判判令对自杀的同性恋学生未能采取适当心理干预措施,而是简单要求家长带回的学校承担30%的赔偿贵任,这些案例中均体现人民法院对于性少数群体的合法权益予以平等保护,任何基于性倾向、性别认同、性别表达的不合理歧视均为法律所禁止的鲜明态度。
For example, in the case of Zhang et al. v. a school in Hefei, the effective judgment ordered that the school failed to take appropriate psychological intervention measures for the suicidal homosexual student and simply required the school to bear 30% of the compensation liability. These cases all reflect the people’s courts’ clear attitude that they will equally protect the legitimate rights and interests of sexual minorities and that any unreasonable discrimination based on sexual orientation, gender identity, or gender expression is prohibited by law.
至于您提出的启动专项调研、发布指导文件、编紫指导性案例、纳入法官培训等建议, 具有重要参考价值,我们将认真研究吸纳。下一步,我们会持续梳理全国法院涉性少数群体权益保护的案件,总结裁判规则,统一裁判尺度;适时将成 熟裁判规则通过司法解释、会议纪要、指导性案例、参考窝例、典型案例等方式子以明确,强化规则供给;将人格权保护等内容纳入法官培训,依法保 护公民的人身自由与人格尊严。
Regarding your suggestions to launch a special investigation, issue guiding documents, compile guiding cases, and incorporate them into judge training, these are of significant reference value, and we will carefully study and incorporate them. Next, we will continue to review cases involving the protection of the rights of sexual minorities in courts nationwide, summarize adjudication rules, and unify adjudication standards; we will, in due course, clarify mature adjudication rules through judicial interpretations, meeting minutes, guiding cases, reference cases, and typical cases to strengthen the supply of rules; and we will incorporate content such as the protection of personality rights into judge training to protect citizens’ personal freedom and dignity in accordance with the law.
再次感谢您对人民法院工作的关心与支持!特此函复。最高人民法院研究室2026年5月8日
Thank you again for your concern and support for the work of the People’s Courts! This is our reply. Research Office of the Supreme People’s Court, May 8, 2026