• Hong Kong Annual Gay Parade. Decriminalization of homosexuality in China happened only in 1997 and, even then, was treated as a mental illness for four more years.

Hong Kong Annual Gay Parade. Decriminalization of homosexuality in China happened only in 1997 and, even then, was treated as a mental illness for four more years. (Photo : Reuters)

Nanshan District People's Court in the southern city of Shenzen has recently heard a case on gay workplace discrimination, believed to be a first in Chinese history and could have endless legal and moral repercussions.

The plaintiff was fired from his work after a viral video revealed him as a homosexual. The plaintiff's lawyer Liu Xiaoui said that they are very optimistic about the case as they believe it will have an impact on gay and lesbian rights in China.

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The Chinese government used to criminalize homosexuality until 1997. Even after the decriminalization, being homosexual was still treated as a mental illness until 2001.

Despite its current status, homosexuality is only barely tolerated in large cities, while the rural community still retains the old culture of discrimination against gay people.

The plaintiff, using the pseudonym Mu Yi, filed the case last November. According to rights group PFLAG, the case is the first in all of China.

Last October, Mu was filmed by authorities having an argument with another homosexual. The video clearly shows the "gayness" of Lu's manner of movements that revealed him to be a homosexual. The police posted the video online and it soon became viral. It was ridiculed, spoofed and made fun of online since then.

Mu said he was terminated from his work because he is gay. He is now suing for an apology from his former employer and 50,000 yuan ($8,000) for compensation.

Mu's former employer is denying Lu's accusation, saying that the latter was fired due to poor work performance and improper attire.

Court decision is expected in three months.