LGBT ACTIVISM IN CHINA What it means to be 'gay Asian'or 'gay Chinese'-and the unique problems they face-is lost with a common identity.This discontinuity contributes to divisions and sometimes creates animosity:Chinese activists have frequently noted that the international community 'does not always know what is best for them'.Domestic activists recognize the uniqueness of their situations and understand the best tactics to employ and relationships to build. The political economy of LGBT activism in China Given that domestic context may change the way the LGBT activists work,political economy of activism-how activists secure political opportunities and obtain funding-is a more powerful explanation for weak international ties.It is first necessary to explain what allows activists and their organizations to exist.That we can speak of LGBT activism in China at all is owed to three key factors:policy changes have effectively legalized homosexuality;economic development has brought LGBT people together in urban centers,providing the chance for an aggregation of interests;and the growing problem of HIV/AIDS in China-combined with the government's interest in controlling its spread-gives LGBT groups the opportunity to provide an important public service. A key political opportunity allowing LGBT activism to emerge in China is the legalization of homosexuality.30 Although 1997 is commonly cited as the year the government 'decriminalized'homosexuality,this is a simplistic and somewhat misleading characterization of a more complex history.Homosexuality has not been explicitly illegal since the founding of the PRC.In 1957,the Supreme Court ruled that consensual sex between same-sex adults was not criminal.3!However,homosexual men were still arrested by police under Article 106 of the Chinese Criminal Code prohibiting general hooliganism',punishable by up to seven years'imprisonment.32 In 1993,the Ministry of Public Safety made some efforts to protect the rights of gay men and women by reiterating the 1957 ruling,but it was not until 1997 that hooliganism'was deleted from the criminal code.33 China's economic development has created conditions necessary for Chinese LGBT activism.Scholars have pointed to a positive relationship between capitalism and increasingly public homosexuality.Altman identifies a strong connection between the 'expansion of consumer society and the growth of overt lesbian/gay worlds'in Asia.35'In China,this is observable in at least two ways.First,economic growth in coastal areas has offered gays and lesbians the opportunity to leave their hometowns 30.Wilson."Introduction'.Scott Wilson,'Seeking one's day in court:Chinese regime responsiveness to international legal norms on AlDS carriers'and pollution victims'rights'.Joural of Contemporary China 21(77). (2012),notes that legislation can create political opportunities for NGOs and activists. 31.Beichuan Zhang and Quansheng Chu,'MSM and HIV/AIDS in China'.Cell Research 15(11-12),(2005), Pp.858-864. 32.Fangfu Ruan,Sex in China:Studies in Sexology in Chinese Culture (New York:Plenum,1991). 33.A Sichuan activist noted that although it took 50 years to legalize homosexual sex.China was five years ahead of the United States,referencing the 2003 US Supreme Court decision in Lawrence v.Texas ruling anti-sodomy laws unconstitutional.Still,the government has not promulgated policies that explicitly protect gays and lesbians. 34.John D'Emilio,'Capitalism and gay identity'.in A.Snitow,C.Stansell and S.Thompson,eds,Powers of Desire:The Politics of Sexualiry (New York:The Monthly Review Press,1983). 35.Altman,Rupture or continuity?". 851What it means to be ‘gay Asian’ or ‘gay Chinese’—and the unique problems they face—is lost with a common identity. This discontinuity contributes to divisions and sometimes creates animosity: Chinese activists have frequently noted that the international community ‘does not always know what is best for them’. Domestic activists recognize the uniqueness of their situations and understand the best tactics to employ and relationships to build. The political economy of LGBT activism in China Given that domestic context may change the way the LGBT activists work, political economy of activism—how activists secure political opportunities and obtain funding—is a more powerful explanation for weak international ties. It is first necessary to explain what allows activists and their organizations to exist. That we can speak of LGBT activism in China at all is owed to three key factors: policy changes have effectively legalized homosexuality; economic development has brought LGBT people together in urban centers, providing the chance for an aggregation of interests; and the growing problem of HIV/AIDS in China—combined with the government’s interest in controlling its spread—gives LGBT groups the opportunity to provide an important public service. A key political opportunity allowing LGBT activism to emerge in China is the legalization of homosexuality.30 Although 1997 is commonly cited as the year the government ‘decriminalized’ homosexuality, this is a simplistic and somewhat misleading characterization of a more complex history. Homosexuality has not been explicitly illegal since the founding of the PRC. In 1957, the Supreme Court ruled that consensual sex between same-sex adults was not criminal.31 However, homosexual men were still arrested by police under Article 106 of the Chinese Criminal Code prohibiting general ‘hooliganism’, punishable by up to seven years’ imprisonment.32 In 1993, the Ministry of Public Safety made some efforts to protect the rights of gay men and women by reiterating the 1957 ruling, but it was not until 1997 that ‘hooliganism’ was deleted from the criminal code.33 China’s economic development has created conditions necessary for Chinese LGBT activism. Scholars have pointed to a positive relationship between capitalism and increasingly public homosexuality.34 Altman identifies a strong connection between the ‘expansion of consumer society and the growth of overt lesbian/gay worlds’ in Asia.35 In China, this is observable in at least two ways. First, economic growth in coastal areas has offered gays and lesbians the opportunity to leave their hometowns 30. Wilson, ‘Introduction’, Scott Wilson, ‘Seeking one’s day in court: Chinese regime responsiveness to international legal norms on AIDS carriers’ and pollution victims’ rights’, Journal of Contemporary China 21(77), (2012), notes that legislation can create political opportunities for NGOs and activists. 31. Beichuan Zhang and Quansheng Chu, ‘MSM and HIV/AIDS in China’, Cell Research 15(11– 12), (2005), pp. 858 –864. 32. Fangfu Ruan, Sex in China: Studies in Sexology in Chinese Culture (New York: Plenum, 1991). 33. A Sichuan activist noted that although it took 50 years to legalize homosexual sex, China was five years ahead of the United States, referencing the 2003 US Supreme Court decision in Lawrence v. Texas ruling anti-sodomy laws unconstitutional. Still, the government has not promulgated policies that explicitly protect gays and lesbians. 34. John D’Emilio, ‘Capitalism and gay identity’, in A. Snitow, C. Stansell and S. Thompson, eds, Powers of Desire: The Politics of Sexuality (New York: The Monthly Review Press, 1983). 35. Altman, ‘Rupture or continuity?’. LGBT ACTIVISM IN CHINA 851