In brief
In a landmark decision, Hong Kong's top court has upheld the rights of same-sex married couples, allowing them access to public housing benefits and inheritance rights that were previously denied.
The Hong Kong Court of Final Appeal announced its ruling on Tuesday, responding to two critical legal battles involving couples married abroad, a significant move for LGBTQ+ rights in the region. The decision was celebrated by advocates as an essential step forward, despite the city still not recognizing same-sex marriage.Nick Infinger, who wed his husband in Canada, faced denial from the Hong Kong Housing Authority regarding their application for public housing in 2018, leading him to challenge the government’s decision. Meanwhile, Edgar Ng's battle began in 2019 when it became clear that his husband, married in Britain, would not inherit their government-subsidized apartment.The court ruled in favor of both cases, citing discrimination in public welfare that can’t be justified. Chief Justice Andrew Cheung insisted that benefits must be allocated fairly, while other judges condemned the differential treatment in inheritance laws as unconstitutional.In the wake of the ruling, Infinger expressed relief and pride in a decision that acknowledges the right of couples to love and live together. Advocacy group co-founder Jerome Yau emphasized that it sends a strong message to the government about the urgency for legal equality.Last year's court ruling mandated that Hong Kong's government devise a framework for legally recognizing same-sex partnerships by October 2025, while the issue of legalizing same-sex marriage remains unaddressed. Public support for same-sex marriage has been steadily rising, standing at 60 percent according to recent surveys, reinforcing the call for definitive legalization from advocates.
