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1949 in LGBT Rights

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In 1949, there were 23 recorded legal changes made affecting LGBT people. In the previous year, there were 6 changes made and 9 in the following year. A total of 58 legal changes were made in the 1940s.

  • October 1
    Equal age of consent becomes equal.
    The age of consent in China is 14 for both same-sex and opposite sex couples.
  • Serving openly in military becomes ambiguous.
    The “Don’t Ask, Don’t Tell” policy targets homosexuals and bisexuals; they cannot openly identify as LGBTQIA+ whilst simultaneously serving in the Chinese military due to bans. Transgender people are banned from serving in the Chinese military.
  • August 15
    LGBT housing discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT employment discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT discrimination becomes illegal in some contexts.
    Only for gender identity and expression.
  • LGBT housing discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT employment discrimination becomes sexual orientation and gender identity.
    nationwide.
  • LGBT discrimination becomes illegal.
    Nationwide.
  • LGBT housing discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT employment discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT discrimination becomes illegal.
    Nationwide.
  • LGBT discrimination becomes illegal in some contexts.
    Only for gender identity and expression.
  • LGBT housing discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT employment discrimination becomes sexual orientation and gender identity.
    In all areas.
  • LGBT discrimination becomes illegal.
    Nationwide.
  • LGBT employment discrimination becomes ambiguous.
    Only for gender identity and expression.
  • LGBT housing discrimination becomes ambiguous.
    only for gender identity and expression.
  • LGBT discrimination becomes illegal in some contexts.
    Only gender identity and expression.
  • LGBT discrimination becomes no protections.
    No known anti-discrimination protections exist for sexual orientation or gender identity.
  • (date unknown)
    Homosexual activity becomes illegal (imprisonment as punishment).
    After the Communist Party led by Mao Zedong came to power in 1949, they "stamped out anything they deemed deviant or decadent." During the 1960's and 70's, which was during the Cultural Revolution, gay people were subjected to public humiliation and long prison terms.
  • Censorship of LGBT issues becomes state-enforced.
    Article 208 of the Penal Code (1949) prohibits "offensive public utterances" in writing, graphics, images, and other forms of expression. Before the civil war, it was reported that films with LGBT content were censored. In June 2022, it was reported that Syria's Directorate of Internal Trade and Consumer Protection confiscated around 600 rainbow kites as their designs were similar to the pride flag and therefore "indicating homosexuality". Various articles of Law No. 93 (1958) allow the Ministry to appoint or remove board members, disallow political participation, foreign funding, and allow the registration to be rescinded at will. Further, Article 35 allows any Board decision to be suspended “if it deems it to be against the law, the public order or morals”. This legal framework appears to pose severe barriers to the formal registration and the operation of an organisation working on sexual and gender diversity issues.
  • Same-sex marriage becomes banned.
    Same-sex marriage or civil unions are not legal
  • Homosexual activity becomes illegal (imprisonment as punishment).
    Article 520 of the Penal Code (1949) criminalizes “unnatural sexual intercourse.” Potential imprisonment of up to 3 years. Not enforced by regime. In 2003 Syria, at the UN Commission on Human Rights, voted to postpone a draft UN resolution on human rights and sexual orientation. The vote was 24 to 17. The draft resolution was to bring the Commission to express its deep concern at the occurrence of human rights violations worldwide against people on the basis of their sexual orientation; Stress that human rights and fundamental freedoms are the birthright of all human beings and that the universal character of these rights and freedoms is indisputable; and call on all States to promote and protect the fundamental rights of all persons, regardless of their sexual orientation.