Hong Kong ruling on same-sex couples needs to be respected and applied
- City’s top court has given the government 2 years to come up with a framework for the legal recognition of such relationships
The ruling by Hong Kong’s top court in favour of a gay activist is the latest in a long line of final judgments intended to prevent discrimination against members of the LGBTQ community and interference with their private lives. In the past, the court’s decisions have dealt incrementally with specific government policies found to have unlawfully infringed rights.
These have included issues such as access to dependency visas, receipt of spousal benefits and the changing of a person’s gender on their identity cards.
Tuesday’s judgment went further than that. The court, in a split decision, found that the government has an obligation to put in place a framework for the legal recognition of same-sex relationships.
It is truly a landmark. This was, however, only a partial victory for activist Jimmy Sham Tsz-kit.
The court unanimously rejected his argument that the constitutional right to marry in Hong Kong applies to same-sex couples.
He also failed to convince the judges that his marriage in New York in 2013 should be recognised in the city.
But Sham’s victory on the need for an alternative framework for recognising same-sex partnerships is highly significant. The court has suspended the operation of its ruling for two years, to give the government and legislature time to develop the scheme.
Similar arrangements exist in many other parts of the world. The judges giving the majority ruling on that point stressed that the lack of legal recognition can be demeaning to same-sex couples and cause them difficulties.
The failure to put a framework in place amounts to arbitrary interference with their privacy.
In ruling on the law, the court has rightly left the details of the scheme to be determined by the government and the legislature. Officials should waste no time in putting such arrangements in place.
They will need to decide who qualifies as well as the rights and benefits granted to those who register their same-sex relationship.
While there will always be differing views on what the chief justice described as complicated and sensitive social issues, public support in Hong Kong for upholding the rights of the LGBTQ community has been growing. This is encouraging.
Developing a clear and fair framework for the recognition of same-sex relationships will also help boost the city’s reputation for being diverse and inclusive.
Hong Kong must create legal framework for same-sex partnerships: top court
The government should not adopt a minimalist approach to the framework it must put in place, as this would be likely to lead to yet more legal challenges. The judgment provides an opportunity to clarify the position of same-sex couples in all areas of their lives, ensuring rights are upheld.
They have waited a long time for this ruling. Now, it must be respected and applied.
