Activists sue China’s education ministry over rainbow flag reprimand
Two LGBTQ+ students from Beijing’s Tsinghua University have lodged an administrative lawsuit against China’s Ministry of Education after being harassed and threatened by the authorities over their sexuality. In May 2022, Huang and Li bought 10 rainbow flags on the auction site Taobao, and left them on a small table in a campus supermarket, with a note that read: “Please take one #PRIDE.” The pair, who asked to be identified by pseudonyms for fear of further reprisals, had already given a great deal of thought to what they knew was a highly risky action. They considered posting about the flags on social media, but they knew the authorities would be able to track them down, as they had been forced to use their real names to sign up for an account. Then they remembered an anti-fascist poster that had mysteriously appeared on the wall of the campus supermarket, and that the lack of surveillance cameras in the area had meant the students who put it there were never found. It wasn’t until they had already put the flags in place that they realized that cameras had now been installed in the area, leaving them “terrified” over what would happen next. But Huang told herself that 10 rainbow flags wasn’t going to have a massive impact on the life of the university. Within two hours, they were getting calls from school officials wanting to talk to them about the flags, and warning them that the incident could affect their chances of graduating, and threatening them with possible expulsion. They refused to meet with officials, who then went and found them in their respective dorm rooms, accusing them of “distributing prohibited propaganda material.” By June 30, they had been issued with notification of punishment, and submitted a written defense to the student affairs office in accordance with school procedures. The school responded in July with disciplinary action in the form of a “severe warning,” which would remain on their official file and affect their chances of pursuing scholarships, further study or jobs working for the government. ‘I knew I was doing the right thing’ Huang and Li were furious, and vowed to fight back. “I was in a state of anger every day,” Li said. “But I knew I was doing the right thing, so I didn’t feel scared.” “It felt more as if I was getting some good practice in how to defend my own dignity, and that of my companion, and in not backing down.” Within hours of placing the flags, the students received calls from school officials wanting to talk to them about the flags. By July 2022, the school disciplined the students with a “severe warning” [shown], which would remain on their official file and affect their chances of pursuing scholarships, further study or jobs working for the government. Credit: Courtesy of the respondents They went public with the incident on July 18, posting to WeChat that they were being punished for the rainbow flag incident, in a post that garnered more than 100,000 views and which was later deleted by government censors. By the end of the month, they had filed an official complaint with the university, which upheld the original disciplinary action. So they took it further, lodging a complaint with the Beijing municipal education commission, arguing that they had left the flags for people to pick up, rather than distributing them, and that rainbow flags aren’t illegal in China. But the response from the government was the same as that of the university. Li, the child of a middle-class family, had been greatly affected by her experience of lockdown in the central city of Wuhan in the spring of 2020, in the early days of the COVID-19 pandemic. “I knew that a lot of people in my [residential] community had died, and I was affected by knowing that my neighbors were dying,” she said. “Since then, I’ve had no illusions about the current system at all.” The formal warnings issued to Huang and Li expired after six months, but that wasn’t good enough for the two friends, who wanted to dispel the notion that it is wrong to fly a rainbow flag. “It’s a matter of our reputation,” Huang said. “By punishing us, the school made a lot of people feel that we did something disgraceful.” “We also want to do some public advocacy on this matter, and start a public discussion about sexual minorities in universities,” she said. So Huang and Li took their lawsuit all the way to the top, lodging an administrative lawsuit with the Ministry of Education, and calling on its officials to review their case. “We have to take the legal process all the way, so that this winds up in the legal archives, in the media and in online archives,” Li said. “I believe that history will eventually judge us fairly.” “For me, this is a political declaration, and I have to take it all the way, or I wouldn’t be able to live with myself,” she said. But both activists still feared possible retaliation from the authorities. Huang wrote to her family coming out as a lesbian, and detailing all of her actions and the reasoning behind them since May 2022, with a view to sending it if the police came looking for her. They submitted their case to the Beijing No. 1 Intermediate People’s Court on Feb. 20, and have yet to receive a response. Party views on LGBTQ+ activists The ruling Chinese Communist Party currently regards LGBTQ+ rights activists as being influenced by “hostile foreign forces” seeking to undermine its rule, and openly queer public figures are gradually disappearing from mainstream media, film and television under the watchful eye of government censors. Huang and Li, who met at a queer book club and put the flags out to mark the International Day Against Homophobia, Biphobia, Lesbophobia and Transphobia on May 17, came to a realization of their own sexuality in a piecemeal way, despite having…