The recent ruling by Hong Kong’s Court of Appeal marks a significant milestone in the ongoing battle for equal rights for same-sex couples. In a resounding decision, the court dismissed the government’s attempt to deny these couples the right to rent and own public housing, deeming such discrimination as a violation of their rights.
This legal victory is part of a broader trend in Hong Kong this year, where gay rights advocates have achieved several legal breakthroughs. The government had contested two High Court decisions, both of which stated that it was “unconstitutional and unlawful” for the city’s housing authority to exclude same-sex couples who had married abroad from accessing public housing.
These cases included one where the housing authority refused to consider a permanent resident’s application to rent a public flat with his husband, arguing that their marriage in Canada was not recognized in Hong Kong. The other case involved a same-sex couple who were denied joint-ownership of a government-subsidized flat because their marriage in Britain was not acknowledged in Hong Kong.
In their judgment, Court of Appeal justices Jeremy Poon, Aarif Barma, and Thomas Au made it clear that the authority’s treatment of gay married couples was “discriminatory in nature,” emphasizing the need for equal treatment. They noted that the differential treatment in these cases was a particularly severe form of discrimination, given that the criterion was one that same-sex couples could never fulfill.
Henry Li, one of the individuals involved in the second case, expressed his appreciation for the ruling on Facebook. The rights group Hong Kong Marriage Equality also welcomed the decision, emphasizing that discrimination and unequal treatment based on sexual orientation have no place in public policy decisions.
It’s worth noting that while Hong Kong’s top court ruled against same-sex marriage in September, it recognized the need for same-sex couples to have access to an alternative legal framework to meet their basic social requirements. The government was given two years to establish this framework.
This groundbreaking decision in Hong Kong serves as a beacon of hope for activists in other parts of Asia who are closely watching these court rulings, as they may influence campaigns for reform in their own regions.
