Landmark Court Ruling in Hong Kong Grants Equal Rights to Same-Sex Couples

On November 26, 2024, Nick Infinger celebrated a major legal victory outside Hong Kong's top court, holding up a rainbow banner after the Court of Final Appeal upheld previous rulings favoring subsidized housing and inheritance rights for same-sex married couples. This unanimous decision marks a pivotal moment for the city's LGBTQ+ community, addressing the discrimination that has long affected same-sex couples married outside of Hong Kong, despite the city not recognizing same-sex marriages itself.

Chief Justice Andrew Cheung emphasized in his ruling that the government's arguments for exclusionary housing policies—stating that they benefited opposite-sex couples—were unsupported by any evidence. He concluded that the policies in question were unjustifiable, while judges Roberto Ribeiro and Joseph Fok ruled that the disputed inheritance laws were discriminatory and unconstitutional.

While Hong Kong currently recognizes same-sex marriage for certain legal purposes such as taxation and benefits, the path to full legal recognition remains uncertain. Following a ruling in September 2023, which called for a framework to recognize same-sex partnerships, the city has become a unique place in China where such rights have been progressively acknowledged.

Nick Infinger, who initiated a judicial review in 2018, commented on the rulings, asserting that they affirm the love and rights of same-sex couples to live together. He expressed some doubt about the prospects of Hong Kong legalizing same-sex marriage, reflecting concerns shared by many advocates. A statement from Hong Kong Marriage Equality emphasized that the rulings highlight the violation of human dignity and equality inherent in discriminatory practices against LGBTQ+ individuals and urged the government to rectify this exclusion.

Additionally, the emotional journey of Henry Li and his late partner, Edgar Ng, underscored the personal stakes of the legal battles. After marrying in Britain in 2017, Li faced challenges in being recognized as an authorized occupant of their home under the housing authority's policies. Following Ng's death in 2020, Li remained resolute in advocating for equality in memory of his partner, expressing both grief and hope in a poignant message shared online.