My Take | It is time for same-sex marriages to be recognised in Hong Kong
- A court ruling confirming marriage to be the exclusive preserve of heterosexuals raises questions about how the city will ever be able to be more inclusive
The right to marry is an important freedom protected by Hong Kong law. But it does not extend to every couple. Same-sex partners are excluded. It is time for this to change.
But a ruling by the Court of Appeal last month emphatically confirmed the position that marriage is the exclusive preserve of heterosexual couples. It raises questions about how Hong Kong will ever be able to progress and to become more inclusive.
The legal challenge was brought by Jimmy Sham Tsz-kit, a human-rights activist. Sham and his male partner were married in New York in 2013.
His lawyers argued that the bar on marriage in Hong Kong between same-sex couples breaches the constitutional protection given to equality and privacy. The city should, at least, recognise same-sex marriages from overseas.
The Court of Appeal rejected these arguments.
At the heart of the case is Article 37 of the Basic Law, protecting the freedom to marry and raise a family. The wording does not expressly exclude same-sex couples. It simply refers to the freedom of Hong Kong residents to marry.