A notable change occurred during the late 1990s and early 2000s with the removal in 1997 of "hooliganism" from the criminal law, a de facto decriminalization of homosexuality. In April 20, 2001, the Chinese Classification of Mental Disorders formally removed homosexuality from its list of mental illnesses.[42][43]
One of the first Hong Kong gay rights activists and writers to study the history of homosexuality in China was Xiaomingxiong (also known as Samshasha), author of the comprehensive "The History of Homosexuality in China" (1984).[44] By the mid-1980s Chinese researchers on the mainland had begun investigating same-sex relationships in China. Some of the most notable work was conducted by sexologist Ruan Fangfu, who in 1991 published in English Sex in China: Studies in Sexology in Chinese Culture.[45].
An Internet survey in 2000 showed that Chinese people are becoming more tolerant towards homosexuality: among the 10,792 surveyed, 48.15% were in favor, 30.9% disapproved, 14.46% were uncertain, and 7.26% were indifferent.[43] Gay bashing is rare in modern China. Some scholars complain that the government is too indifferent on this issue, doing nothing to promote the situation of homosexuality in China. During the 2002 Gay Games, only 2 persons from the mainland were sent to take part, and apart from gay websites the media gave little coverage to the event. The authorities still refuse to promote either gay issues or gay rights in China. Although there is no explicit law against homosexuality or same-sex acts between consenting adults, neither are there laws protecting gays from discrimination, nor are there any gay rights organizations in China. It is believed that the Chinese policy towards the gay issue remains the "Three nos": no approval, no disapproval, and no promotion (²»?³Ö, ²»·´¶Ô, ²»Ì?).
A 2008 survey by sexologist Li Yinhe shows a mixed picture of public attitudes towards gays and lesbians in China. 91% of respondents said they agreed with homosexuals having equal employment rights, while over 80% of respondents agreed that heterosexuals and homosexuals were "equal individuals". On the other hand, a slight majority disagreed with the proposition that an openly-gay person should be a school teacher, and 40% of respondents said that homosexuality was "completely wrong".[46]
The number of homosexuals in China remains unclear. One statement based on Chinese government documents and academic studies states that the figure is 15 million. An official statistic, as quoted in a news report in China Daily, put the figure for mainland China at "approximately 30 million" (2.3% of the population), though it admitted many Chinese would not openly declare their sexual orientation.[47] Compared to the higher proportions of homosexuals in other countries, many find these figures unconvincing.[48]
The loosening of restrictions on Internet use has resulted in a blossoming of gay websites in mainland China, even though the police sometimes intervene and shut down such websites. The Internet has been very important to the mainland Chinese gay community. Although there are no gay organizations in mainland China, there are some organized Internet sites that function as advisory institutions.
The mainstream media sometimes cover notable gay events abroad, such as pride parades. Some critics charge that the purpose of the media is mostly to smear homosexuality. Lacking a film rating system, the Chinese government forbids gay movies to be shown on TV or in theaters because they are "inappropriate". Despite having received much attention in Taiwan, Hong Kong, and other places, the gay-themed movie Lan Yu is still forbidden in the mainland China (the film also features references to the Tiananmen Square protests of 1989) although the actors are all Mainlanders, and the story is based on a quite popular Internet story written by a mainland netizen (a heavily edited version of the film was released on DVD for the mainland). New Western films like Brokeback Mountain in 2006, were denied release in the mainland, even though there was an overall public interest as the film was directed by Ang Lee.
Although more prominent in first-tier Chinese cities like Beijing, Shanghai, Guangzhou, and Shenzhen, gay clubs, bars, tea houses, saunas, and support centers are also becoming more widespread in second-tier cities like Xi'an, Dalian, and Kunming. Occasionally, these locations are subject to police harassment. Similar to the development of the gay scene in other countries, other less formal 'cruising spots' exist in parks, public washrooms, malls, and public shower centers. Being gay is particularly difficult in the countryside; in China this is especially severe as the vast majority of people live in the countryside with no Internet access and no possibility to move to a city. Country dwellers do not often speak of homosexuality, and when they do, it is usually considered a disease.[49]
Many cases show that gay people still have to endure prejudice from the justice system and harassment from police, including detention and arrest. In October 1999, a Beijing court ruled that homosexuality was "abnormal and unacceptable to the Chinese public",[50] which was the first time this official attitude was stated openly. Another notable case happened in July 2001, when at least 37 gay men were detained in Guangdong. In late April 2004, the State Administration of Radio, Film, and Television (¹ú¼??µç?µçÊÓ×?Ö) initiated a campaign to clear violence and sexual content from the media. Programmes related to homosexual topic, scene, or language are considered to be "going against the healthy way of life in China", and are banned.
As early as 2004 and having seen rapid rises in HIV infection among gay and bisexual men in other Asian countries, provincial and city level health departments began HIV related research among men who have sex with men (MSM). In January 2006 the State Council of the People's Republic of China issued Regulations on AIDS Prevention and Treatment. The document specifically mentioned MSM as a population that is vulnerable to HIV infection and directed officials and organizations on every level to include MSM in HIV prevention activities. In April 2008, under the direction of the National Center for HIV/AIDS, 61 cities in China initiated community based studies of MSM and their potential risk for becoming infected with HIV. Concurrent to these studies, HIV prevention programs were initiated in those same cities using a peer led intervention model.[51]
The Ministry of Health estimated there were five to 10 million gay people in the Chinese mainland, aged between 15 and 65 in 2006 but sociologist Li Yinhe estimates it is between 36 and 48 million.[52]
