Hong Kong Court Rules in Favor of Same-Sex Partnerships

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Facts

  • On Tuesday, Hong Kong's top court ruled that the city's government must provide new regulations to legally recognize the rights of same-sex couples.1
  • The ruling, made by Hong Kong's Court of Final Appeal, came after a five-year-long legal challenge by LGBTQ+ rights activist Jimmy Sham and was the first time that the court directly addressed the issue of same-sex marriage in Hong Kong.2
  • Sham first asked for a judicial review in 2018 after the lower courts dismissed his challenges, which argued that Hong Kong’s laws ignoring foreign same-sex marriage violate the constitutional right to equality.3
  • Tuesday's ruling gave the city's government a two-year timeline to establish a system to recognize same-sex partnerships outside the institution of marriage.4
  • However, the court unanimously dismissed Sham’s final appeal on other grounds related to same-sex marriage, such as the recognition of overseas same-sex unions.5
  • Currently, Hong Kong recognizes same-sex marriage for purposes such as taxation, civil service benefits, and dependent visas.5

Sources: 1France 24, 2Reuters, 3NBC, 4The Guardian, and 5Associated Press.

Narratives

  • Left narrative, as provided by NBC. This is an exciting victory for LGBTQ+ activists in Hong Kong and abroad. Same-sex couples deserve the same dignity and respect as heterosexual couples, and establishing a legal framework of recognition will positively impact the LGBTQ+ community in Hong Kong and improve the territory's reputation.
  • Right narrative, as provided by FOX News. While everyone, regardless of sexual orientation, should be protected from discrimination, this ruling paves the way to a direct contradiction to Hong Kong's constitutional stance on traditional family and marriage — the bedrock of its society.
  • Narrative C, as provided by The Guardian. While legal recognition of same-sex couples is better than nothing, Hong Kong still has a long way to go before equality. The court unanimously dismissed challenges requesting the recognition of foreign same-sex marriages or the approval of same-sex marriage. This is only a partial victory.