Hong Kong's top court rules in favour of same-sex partnerships

Hong Kong's top court on Tuesday (September 5) ruled in favour of same-sex partnerships, including civil unions. However, the court stopped short of granting full marriage rights. According to a report by the news agency AFP, this is the first time the Court of Final Appeal directly addressed the issue of same-sex marriage. The case was brought by Jimmy Sham, a pro-democracy activist who is in jail.

In its ruling on Tuesday, the Court of Final Appeal said the Hong Kong government was in "violation of its positive obligation... to establish an alternative framework for legal recognition of same-sex partnerships", such as civil unions.

The court unanimously dismissed the appeal in relationto same-sex marriage and recognition of foreign same-sex marriage, the judgement further said.

A partial win for LGBTQ community

Tuesday's ruling is seen as a partial win for Hong Kong's LGBTQ community which in recent years has won piecemeal victories in court, striking down discriminatory government policies on visas, taxes, and housing benefits.

AFP reported that while LGBTQ activism faces political challenges in mainland China, Hong Kong has seen increasing support among its population for same-sex marriage. A poll carried out this year found that 60 per cent of Hong Kongers supported same-sex marriage, compared to just 38 per cent a decade back.

The challenge launched by jailed pro-democracy activist Sham twice failed to convince the courts that Hong Kong should legally recognise his marriage to a same-sex partner. This marriage was registered in New York nearly a decade ago.

In August last year, appeal judges wrote that Hong Kong's constitutional text "only provides access to the institution of marriage to heterosexual couples". Sham had argued the city's ban on same-sex marriage violated his right to equality.

His lawyer Karon Monaghantold the court in June this year that the ban disadvantages same-sex couples in areas such as inheritance and housing rentals.

How is Sham's case different?

Speaking to AFP, gender studies scholar Suen Yiu-tung said that Hong Kong decriminalised Gender studies scholar Suen Yiu-tung but it still had no protection against discrimination on the grounds of sexual orientation and gender identity. Suen highlighted local courts have struck down discriminatory policies "domain-by-domain" but that approach resulted in a really long journey.

Tuesday's case was different as it asked for more wholesale recognition of same-sex marriage, but this meant success might be more difficult.

(With inputs from agencies)

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