In a significant ruling, Hong Kong's top court has upheld the rights of same-sex married couples to access public housing and inheritance benefits, signaling a crucial advancement in the LGBTQ+ rights movement in the region.
Hong Kong's High Court Affirms Rights for Same-Sex Married Couples
Hong Kong's High Court Affirms Rights for Same-Sex Married Couples
A landmark ruling enhances the rights of same-sex couples in Hong Kong, granting them public housing and inheritance benefits despite the city's non-recognition of same-sex marriage.
Hong Kong’s top court made a pivotal announcement on Tuesday, affirming the rights of same-sex married couples to receive public housing benefits and inheritance rights. This decision ends extended legal disputes involving couples married abroad, highlighting a gradual progression toward LGBTQ+ rights in a territory that does not officially recognize same-sex marriage.
The cases involved key plaintiffs who navigated the complexities of a legal system that has often sidelined same-sex partnerships. Nick Infinger, having married his husband in Canada, initiated legal action against the Hong Kong Housing Authority in 2018 after their joint public housing application was denied. His victory in court was contested by the government, prompting further legal review.
In another notable case, Edgar Ng challenged the inheritance rights applicable to his government-subsidized apartment after marrying his husband in the UK. Following Ng's death in 2020, lower courts upheld his claims, setting the stage for future considerations by the judiciary.
Chief Justice Andrew Cheung stated that policies excluding same-sex couples from public housing benefits are unjustifiable, asserting that welfare distribution must be free of discrimination. Justices Joseph Fok and Roberto Ribeiro echoed this sentiment, condemning differential treatment in inheritance laws as unconstitutional.
Responding to the ruling, Infinger expressed gratitude and underscored its significance in affirming the rights of same-sex couples. Advocacy leaders, such as Jerome Yau from Hong Kong Marriage Equality, emphasized the decision's clarity regarding the need for the government to rectify its discriminatory practices.
The court’s directive from the previous year, requiring the government to establish a framework for recognizing same-sex partnerships by October 2025, underscores a growing acknowledgment of LGBTQ+ issues. Public support for same-sex marriage has seen an increase, with a recent study revealing that 60 percent of respondents favor legal recognition.
Moving forward, advocates like Yau stress the importance of comprehensive policy legalization, arguing against fragmented approaches to issues of equality and urging the government to fully acknowledge the equal rights of all citizens, irrespective of sexual orientation.
