Hong Kong’s top court has made a landmark ruling in favour of same-sex married couples, upholding their rights to subsidised housing benefits and equal inheritance.
This decision marks a significant victory for the LGBTQ+ community in Hong Kong, who have traditionally faced discrimination and fewer rights compared to heterosexual couples.
According to the Associated Press, Court of Final Appeal’s unanimous decision dismissed the government’s appeals, ending years-long legal battles over the differential treatment of same-sex couples married overseas.
Government lawyer Monica Carss-Frisk claimed that Hong Kong’s housing policy aimed to promote “procreation” among heterosexual couples.
However, Chief Justice Andrew Cheung disagreed, stating that excluding same-sex couples from public rental flats and subsidised flats under the Home Ownership Scheme was unjustifiable.
“[For] needy same-sex married couples who cannot afford private rental accommodation, the [government’s] exclusionary policy could well mean depriving them of any realistic opportunity of sharing family life under the same roof at all,” Cheung said.
The ruling also declared that disputed provisions in inheritance laws are “discriminatory and unconstitutional.” Hong Kong’s government respects the court’s decision and will study the judgments to determine next steps.
Currently, Hong Kong does not recognise same-sex marriage, but the city does recognise same-sex marriage for certain purposes, such as taxation and civil service benefits.
This ruling is a significant step towards equality, but activists remain hopeful that Hong Kong will eventually legalise same-sex marriage, following in the footsteps of Taiwan and Thailand.
Nick Infinger, who was the first to launch a judicial review against the Housing Authority in 2018, told reporters that the rulings “acknowledged same-sex couples can love each other and deserve to live together.”
“This is not only fighting for me and for my partner, but this is fighting for all the same-sex couples in Hong Kong,” he added.
This landmark ruling is a significant milestone in the fight for LGBTQ+ rights in Hong Kong, and activists hope it will inspire further progress towards equality.
