Hong Kong Top Court Says 'Same Sex-Couples Need Legal Recognition', Urges 'Alternative Framework'

The court's ruling underscored that the government was found to be "in violation of its positive obligation... for legal recognition of same-sex partnerships," as stated in the judgment.

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Hong Kong's highest court, the Court of Final Appeal, made a significant decision on Tuesday (September 5) regarding the recognition of same-sex partnerships. The ruling partially approved an appeal by LGBTQ activist Jimmy Sham, urging the acknowledgment of overseas same-sex marriages. Additionally, the court called for the establishment of an alternative legal framework that would enable such couples to legitimise their essential social needs, as reported by Reuters.

The judges, however, rejected the argument that the failure to recognise same-sex marriage was in violation of the city's mini-constitution, which safeguards the right to equality. In their decision, the judges unequivocally stated, "There is no constitutional right to same-sex marriage in Hong Kong," Bloomberg reported. 

The Court of Final Appeal's ruling underscored that the government was found to be "in violation of its positive obligation... for legal recognition of same-sex partnerships," as stated in the judgment. Despite this acknowledgment, the court "unanimously dismisses the appeal" concerning the recognition of same-sex marriages, AFP reported. 

While LGBT advocates have won small victories over the years, same-sex unions are only legally recognised outside the territory in matters of taxation and spousal visas for foreign residents. According to polls, the Hong Kong public is increasingly supportive of same-sex marriages. A recent poll found that 60% of people support same-sex marriage, up from 38% a decade ago, BBC reported. 

In recent years, the territory has become more LGBT-friendly. For example, it is set to host the 11th Gay Games later this year, marking the competition's first appearance outside of Asia.

However, the organisers have faced criticism from conservative groups in both the public and the government.

This decision marks a significant milestone in the ongoing debate surrounding LGBTQ rights and the legal status of same-sex relationships in Hong Kong, the report said. While the court stopped short of granting full marriage rights to same-sex couples, its call for an alternative legal framework represents a step forward in recognising the importance of recognising and protecting the rights of LGBTQ individuals and their relationships, it added.