The ruling will have strong implications for the lives of the LGBTQ+ community and the financial hub’s reputation as an inclusive place to stay and work.
Jimmy Sham, a prominent pro-democracy activist during 2019 anti-government protests, married his husband in New York 10 years ago. Sham first asked for a judicial review in 2018 arguing that Hong Kong’s laws, which don’t recognize foreign same-sex marriage, violate the constitutional right to equality. The lower courts had dismissed his challenges.
Jimmy Sham has been in custody after being charged under a Beijing-imposed national security law following massive protests.Judges at the city’s top court, by a majority, declared in a written ruling that the government is in violation of its positive obligation to establish an alternative framework for legal recognition of same-sex partnerships, such as registered civil partnerships or civil unions. But they unanimously dismissed his appeal on other grounds.
Currently, Hong Kong only recognizes same-sex marriage for certain purposes such as taxation, civil service benefits and dependent visas. Many of the government’s concessions were won through legal challenges in recent years and the city has seen a growing social acceptance toward same-sex marriage.
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