Rights for same-sex couples, transgender people in Hong Kong long overdue
Nick Infinger, who won a years-long legal battle over the differential treatment facing same-sex couples, holds up a rainbow banner outside the supreme court of Hong Kong
after the court rules in favor of equal housing and inheritance rights for same-sex couples in Hong Kong, Nov. 26. Reuters-Yonhap
A landmark ruling by the top court in favor of equal housing and inheritance rights for married same-sex couples is the latest in a long line intended to ensure fairer treatment for the LGBTQ community.
Three cases were brought by two men who married their partners overseas. The Court of Final Appeal unanimously ruled specific Housing Authority policies on public rental housing and subsidized accommodation under the Home Ownership Scheme to be discriminatory and unjustified.
Another judgment found legislation to be unconstitutional because it prevents same-sex couples from bequeathing properties to surviving partners and makes it more difficult for them to seek financial support from the deceased's estate.
The court rejected the Housing Authority's claims that its policies were needed to uphold the traditional institution of marriage and prevent a lengthening of waiting times for flats. Steps must now quickly be taken to change the relevant policies and laws to provide fair and equal treatment.
The availability of affordable housing has long been one of the biggest problems facing Hong Kong. But there is little if any evidence to suggest the ruling will have much impact on waiting times.
Over the past 13 years, the courts have upheld the rights of same-sex couples on dependency visas, taxation and civil service benefits, while backing transgender people on the right to marry and to choose the gender on their identification documents.
These rulings culminated, in October 2023, in a judgment by the top court requiring the government to establish a framework for the recognition of the "core rights" of same-sex couples within two years.
The latest judgment has understandably led to fresh calls for officials to report on progress towards development of the framework. Details are required and there will be a need for a public consultation.
Time is running out. If the scheme is broad enough in scope and clear in its protection of rights, it will reduce the need for members of the LGBTQ community to fight long, stressful and costly battles in court.
Hong Kong's reputation as a diverse and inclusive society rests on ensuring equal treatment. The time to end discrimination against same-sex couples, transgender people and others is long overdue.
Read the full story at SCMP.