The surprise ruling, which stopped short of meeting demands for full marriage equality, stated that the Hong Kong had to grant gay citizens some kind of alternative framework.
In a partial victory for Hong Kong’s LGBTQ community, the city’s top court on Tuesday ordered the government to give same-sex couples some form of legal recognition.
The surprise ruling, which stopped short of meeting demands for full marriage equality, stated that the Hong Kong government had violated the gay citizens’ constitutional rights by not granting them an “alternative framework” such as civil unions or civil partnerships.
Yet the judges concluded that the right to freedom of marriage under Hong Kong law refers only to heterosexual marriage. The court dismissed an appeal by Sham that all same sex marriages registered overseas be recognized in Hong Kong. “We are not addressing the question of whether in terms of social policy for Hong Kong same sex unions should be recognized with rights and obligations similar to those presently enjoyed by heterosexual couples. That is a question for the government and the legislature; and social policy is not a question for the court to decide,” wrote Justice Johnson Lam.
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