Advertisement

Homosexuality can be called a mental disorder, Chinese court rules; LGBT community disappointed

  • A Hong Kong social worker’s lawsuit in China challenging a widely used textbook that calls homosexuality a mental disorder has been rejected a second time
  • An LGBT support group spokesman says the textbook’s description is as inaccurate as saying the sun revolves around the earth

Reading Time:2 minutes
Why you can trust SCMP
31
A Chinese court has upheld a ruling that a textbook that described homosexuality as a mental disorder was not incorrect. The Hong Kong social worker who brought the case said it was a pity, and that she considered the judgment ‘baseless’. Photo: Getty Images

A Chinese court has upheld a ruling that a textbook description of homosexuality as “a psychological disorder” was not a factual error but merely an “academic view”.
 
The Chinese LGBT community, and the 24-year-old woman who filed the lawsuit, have expressed disappointment at the decision, handed down last week by the Suqian Intermediate People’s Court in the eastern province of Jiangsu.
 
Ou Jiayong, who also uses the name Xixi, said the court’s decision about what constituted a “factual error” was “random and baseless”. 
 
In 2016, during her first year of study at the South China Agricultural University in Guangzhou, Guangdong province, Xixi came across a psychology textbook that described being gay as a mental disorder.

 

Xixi and her friends protested against the textbook in front of its publisher’s office in Guangzhou, Guangdong province in July 2016.
Xixi and her friends protested against the textbook in front of its publisher’s office in Guangzhou, Guangdong province in July 2016.

 
The 2013 edition of Mental Health Education for College Students, published by Jinan University Press, listed homosexuality under “common psychosexual disorders” – along with cross-dressing and fetishism. It stated that homosexuality “was believed to be a disruption of love and sex or perversion of the sex partner”.
 
The textbook is used by a number of Chinese universities and Xixi was concerned that it was perpetuating the belief that being gay was wrong.

 
In 2017, Xixi sued the publisher of the textbook, and online retailer JD.com that stocks it, demanding that it remove the reference and publicly apologise. She said the book was “poor quality work” as the statement was wrong, with no scientific basis to back it up.
 
Late last year, the Suyu District People’s Court in Suqian ruled in favour of the publishing house, saying that the opposing views of Xixi and the publisher were due to differences in opinion rather than a factual error.

In November, Xixi, now a social worker in Hong Kong, appealed against the ruling, but it wasn’t enough to sway the appeal court, which last week handed down its decision to uphold the previous judgment.

The editor of the textbook apparently used viewpoints that do not match society’s perception of sexual minorities today
Ah Qiang, spokesman for Guangzhou-based support group FLAG

She said she believed the evidence she had provided was enough to prove the description of homosexuality as a mental disorder was wrong.
 
“Maybe this ruling is to reduce controversy,” she said. “But it has also allowed textbooks that pathologise homosexuality to continue circulating, which is a pity.”
 
Xixi’s lawsuit attracted a groundswell of support from China’s LGBT community, which publicly expressed disappointment at the case’s outcome.

China decriminalised homosexuality in 1997 and it was removed from a list of mental disorders in 2001. But in 2021, a court has upheld a ruling that a textbook calling homosexuality a mental disorder is not incorrect.
China decriminalised homosexuality in 1997 and it was removed from a list of mental disorders in 2001. But in 2021, a court has upheld a ruling that a textbook calling homosexuality a mental disorder is not incorrect.
Advertisement