Hong Kong Court Upholds Rights for Same-Sex Couples

In a groundbreaking decision, Hong Kong's top court has ruled in favor of inheritance and public housing benefits for same-sex married couples. This marks a significant step for gay rights in Hong Kong, even though the territory does not recognize same-sex marriage.

Key Cases and Rulings

The ruling concludes two major legal battles. Nick Infinger, who married his husband in Canada, was initially denied public housing in Hong Kong. After suing the Housing Authority in 2018, he won, but the government appealed. In another case, Edgar Ng, who married in Britain, challenged a policy preventing his husband from inheriting a government-subsidized apartment. Ng passed away in 2020, but lower courts ruled in his favor, and his husband, Henry Li, fought against the government's appeal.

Statements from the Court

Chief Justice Andrew Cheung stated that excluding same-sex couples from housing policies is unjustifiable and discriminatory. Judges Joseph Fok and Roberto Ribeiro also criticized the inheritance laws as unlawful and unconstitutional.

Reactions and Future Implications

Nick Infinger expressed his approval of the court's decision, emphasizing the importance of recognizing the rights of same-sex couples. Jerome Yau, co-founder of Hong Kong Marriage Equality, urged the government to stop denying spousal benefits based on sexual orientation. Last year, the court mandated the creation of a system to recognize same-sex partnerships by 2025, though it stopped short of legalizing same-sex marriage. A recent study shows growing support for same-sex marriage in Hong Kong, with 60% of people in favor.