Landmark Ruling Enhances Rights for Same-Sex Couples in Hong Kong

In a pivotal decision, Hong Kong's top court has affirmed the rights of same-sex married couples by granting them public housing benefits and inheritance rights, despite the territory's lack of recognition for same-sex marriage. The ruling marks a significant step forward in the fight for LGBTQ+ rights within the region.

Hong Kong’s Court of Final Appeal delivered a historic ruling on Tuesday, affirming that same-sex married couples are entitled to inheritance and public housing benefits, a significant victory for LGBTQ+ rights in a territory that does not officially recognize same-sex marriage.

The cases leading to this ruling involved two gay couples who married legally abroad. Nick Infinger, who wed his husband in Canada, initiated the legal challenges when Hong Kong’s Housing Authority refused his application for public housing in 2018. Although he initially won the case, the local government decided to appeal the ruling.

In a separate matter, Edgar Ng, who married his husband in Britain, faced similar obstacles when discovering that his spouse would not inherit his government-subsidized apartment. Tragically, Ng passed away in 2020, with subsequent rulings from lower courts siding with his earlier assertions.

Chief Justice Andrew Cheung noted that the exclusion of same-sex couples from public housing policies was unjustifiable, stating that welfare benefits must be allocated fairly and without discrimination. Additionally, judges Joseph Fok and Roberto Ribeiro ruled that the Hong Kong government failed to provide valid reasoning behind the discriminatory inheritance laws, deeming them unlawful and unconstitutional.

Following the court's announcement, Infinger expressed his gratitude for the ruling, emphasizing its importance for love and cohabitation rights among same-sex couples. Jerome Yau, co-founder of the advocacy group Hong Kong Marriage Equality, viewed the outcome as a powerful message to the government, urging it to eliminate policies that deny these couples essential spousal benefits.

In 2022, the top court mandated that the Hong Kong government must introduce a legal framework to recognize same-sex partnerships by October 2025, though it stopped short of acknowledging same-sex marriage status. A recent study revealed a growing public support for same-sex marriage in Hong Kong, with 60% favoring legal recognition, highlighting a shift in societal attitudes that advocates hope will lead to broader legal reforms.

Yau concluded that the most logical step would be to legalize same-sex marriage entirely, encouraging the government to address these issues comprehensively rather than through piecemeal changes. The court's ruling represents a substantial forward leap in the quest for equality in a region that has long grappled with LGBTQ+ rights.