Hong Kong’s government has been instructed by the city’s Court of Final Appeal to establish a new legal framework in order to acknowledge same-sex marriages registered overseas. This ruling marks the end of a five-year legal battle and reflects a growing acceptance of the LGBTQ+ community in Hong Kong. The court’s decision asserts that the government’s failure to legally recognize same-sex partnerships violates its obligation and perpetuates the notion that these individuals belong to an inferior class. The court has provided a two-year deadline for the government to comply or create a new regulation.
Justice Patrick Keane, along with Chief Justice Andrew Cheung and Justices Roberto Ribeiro, Joseph Fok, and Johnson Lam, emphasized the necessity of an alternative legal structure for same-sex couples to fulfill their basic social requirements. They stated that the absence of recognition disrupts and demeans their private lives, resulting in arbitrary interference.
Currently, Hong Kong only acknowledges same-sex marriage for specific purposes such as taxation, civil service benefits, and dependent visas. These concessions were introduced as the city progressively embraces the idea of same-sex unions. The case commenced when Jimmy Sham, a prominent activist, married his husband in New York in 2013. Sham has persistently sought a judicial review of Hong Kong’s laws pertaining to same-sex marriage. Most of his challenges were dismissed by lower courts. In 2018, Sham argued that Hong Kong’s refusal to recognize same-sex marriages legitimized in foreign countries violated the constitutional right to equality.
While the recent court ruling is seen as a significant step forward, Esther Leung, campaign manager of the Hong Kong Marriage Equality group, expressed that it falls short of complete inclusion in marriage. Despite this, the decision will undoubtedly impact the social acceptance of LGBTQ+ relationships in Hong Kong.
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