Arrr! Hong Kong's highest court be decreein' the government to give a rightful nod to same-sex matrimony abroad, mateys!
2023-09-05
Arr, ye scurvy dogs! The highest court in Hong Kong, a fine city in China, hath decreed that their government be guilty of the foul crime o' not acceptin' foreign-fangled same-sex marriages! Thus be endin' a mighty five-year battle in the courts, by Davy Jones' locker!
Hong Kong's government has been ordered by its top court to establish a new legal framework to recognize same-sex marriages that were registered overseas, marking the end of a five-year legal battle. The ruling, which comes as part of a series of cases pushing Hong Kong towards LGBTQ+ acceptance, stated that the government's failure to recognize same-sex partnerships violates its obligation and gives an impression of inferiority. The court has given the government two years to comply or introduce a new rule. A majority of judges at the Court of Final Appeal emphasized the importance of providing same-sex couples with access to a legal framework that meets their essential social needs. They also emphasized that the current lack of recognition disrupts and demeans their private lives, constituting arbitrary interference. Currently, Hong Kong only recognizes same-sex marriage for specific purposes such as taxation and civil service benefits. The case originated from prominent activist Jimmy Sham, who married his husband in New York in 2013. Sham argued that Hong Kong's refusal to acknowledge foreign-approved same-sex marriages violated the constitutional right to equality. While the court's ruling is seen as a major step forward, campaigners emphasize that full inclusion in marriage is still lacking. Although the ruling was a partial win for Sham, as his appeal on other grounds was dismissed and Hong Kong's mini-constitution only recognizes heterosexual marriage, it is expected to significantly impact the city's social acceptance of LGBTQ+ relationships.