Hong Kong’s top court has issued a landmark ruling in favor of same-sex married couples, upholding their rights to subsidized housing benefits and equal inheritance.
The decision marks a significant victory for the LGBTQ+ community in Hong Kong, who have traditionally faced discrimination and fewer rights than heterosexual couples.
According to the Associated Press, the unanimous decision of the Court of Final Appeal rejected the government’s appeal, ending a years-long legal battle over the different treatment of same-sex couples who marry abroad.
Government lawyer Monica Kars-Frisch claimed that Hong Kong’s housing policy is intended to promote “fertility” between heterosexual couples.
However, Chief Justice Andrew Cheung disagreed, saying that it was unfair to exclude same-sex couples from public rental flats and subsidized flats under the home ownership scheme.
Cheung said, “For needy same-sex married couples who cannot afford private rental accommodation, (the government’s) exclusionary policy means depriving them of any realistic opportunity to share family life under the same roof. It is possible.”
The judgment also declared that the disputed provisions in the inheritance laws are “discriminatory and unconstitutional”. The Hong Kong government respects the court’s decision and will study the decision to determine next steps.
Currently, Hong Kong does not recognize same-sex marriage, but the city does recognize same-sex marriage for certain purposes such as taxation and civil service benefits.
The decision is a significant step toward equality, but activists hope Hong Kong will eventually legalize gay marriage, following in the footsteps of Taiwan and Thailand.
Nick Infinger, who was the first person to launch a judicial review against the Housing Authority in 2018, told reporters that the ruling “recognizes same-sex couples can love each other and deserve to live together.”
He said, “This is not only a fight for me and my partner, but this is a fight for all same-sex couples in Hong Kong.”
The landmark ruling marks an important milestone in the fight for LGBTQ+ rights in Hong Kong, and activists hope it will inspire further progress toward equality.
