Ling’er, a 28-year-old aspiring influencer in eastern China, has faced significant challenges since coming out as transgender. Her family rejected her identity, and she struggled to find employment, with many employers unwilling to hire her. After her parents sent her to a hospital in an attempt to change her gender identity, she was held for three months and subjected to unwanted treatments, including electroshock therapy.
In a notable legal development, Ling’er sued the hospital for the unnecessary treatment, marking the first known lawsuit in China regarding conversion therapy for a transgender individual. The court accepted her complaint, and the hospital agreed to a settlement in October, providing Ling’er with funds to start a new life and business.
This case represents a rare positive moment in the ongoing struggle for L.G.B.T.Q. rights in China, where advocacy has faced significant challenges under the current government. Despite the overall decline in coverage of L.G.B.T.Q. issues, some mainstream media outlets reported sympathetically on Ling’er’s lawsuit, highlighting the difficulty of securing legal protections for sexual minorities in the country.
Under the leadership of Xi Jinping, the Chinese government has intensified its crackdown on civil society, leading to the closure of many L.G.B.T.Q. advocacy groups and the cancellation of Pride events. Nationalist rhetoric has framed L.G.B.T.Q. activism as a foreign threat, resulting in punitive actions against individuals displaying symbols of support.
While the settlement for Ling’er is a significant personal victory, it remains uncertain whether it will deter future instances of conversion therapy, which medical experts widely discredit. The hospital has not acknowledged any wrongdoing, and the terms of the settlement were kept confidential.
Initially hesitant to pursue legal action, Ling’er was encouraged by a network of L.G.B.T.Q. advocates who helped her find legal representation. She had long known her identity but faced severe familial rejection when she came out in 2021. After being coerced into psychiatric treatment, she was diagnosed with anxiety and “ego-dystonic sexual orientation,” a classification criticized for perpetuating discrimination against L.G.B.T.Q. individuals.
During her involuntary hospitalization, Ling’er experienced a lack of autonomy, as medical staff disregarded her protests and imposed treatments based on their belief that her identity was pathological. Despite the Chinese Society of Psychiatry having removed homosexuality from its list of mental disorders, transgender individuals still face stigmatization and legal hurdles.
Following her release, Ling’er found her belongings discarded by her parents and initially attempted to conform to their expectations. However, she eventually chose to sever ties and sought support from L.G.B.T.Q. communities online. After months of uncertainty and homelessness, she filed her lawsuit against the hospital.
The hospital defended its actions by citing legal provisions allowing involuntary hospitalization for individuals deemed unable to consent. Following negotiations, a settlement was reached that Ling’er believes will enable her to pursue her dreams, including opening a business and saving for gender-affirming surgery.
Ling’er expressed optimism about the outcome, attributing her success to the sympathetic approach of the presiding judge. She hopes for broader legal protections and increased awareness regarding diverse gender identities in China, emphasizing the need for collective action within the transgender community to improve their circumstances.
Activists like Mx. Chen noted a gradual shift in societal attitudes toward L.G.B.T.Q. individuals, suggesting that there is potential for continued progress despite the current restrictions on activism.