Hong Kong: Same-Sex Couples Awarded Public Housing Rights

Facts

• On Tuesday, a Hong Kong court ruled that same-sex couples had the right to rent and own public housing, striking down existing government policies it termed 'discriminatory in nature.'¹
• Upholding two previous rulings backing subsidized housing benefits to same-sex couples, the court said the Housing Authority's policies violated the constitutional right to equality, adding the differential treatment is 'a more severe form of indirect discrimination than most cases.'²
• Previously, the Housing Authority had refused the application of a gay couple — married in Canada — to rent an apartment. Later, it denied joint ownership rights to a government-subsidized apartment to a same-sex couple married in Britain.³
• In the first case, the Housing Authority claimed the relationship fell outside the ordinary understanding of 'husband' and 'wife.' In the second, it refused to recognize same-sex couples as 'spouses' or 'family members.'⁴
• Though Hong Kong doesn't recognize same-sex marriage, it's courts have granted the LGBTQ+ community piecemeal victories, including striking down government policies on visas and taxes.⁵
• Following Tuesday's ruling, LGBTQ+ activists expect the Hong Kong government to formulate an alternative framework for the recognition of same-sex marriage within three years.⁶

Sources: ¹CNN, ²ABC News, ³LGBTQ Nation, ⁴Hong Kong Free Press hkfp, ⁵France 24 and ⁶The Standard.

Narratives

• Left narrative, as provided by South China Morning Post. The Hong Kong court's ruling will go a long way in easing the lives of the city's LGBTQ+ community. The government must bear responsibility for institutionalizing a more liberal approach to the rights of same-sex couples and use its power to end entrenched discrimination.
• Right narrative, as provided by Independent. Acknowledging same-sex unions as 'marriage' undermines the traditional institution in Hong Kong. It undercuts the concept of family as initiated through traditional marriages. It is important to recognize long-standing and historical values of custom and culture.

Predictions