Historic Win for Gay Rights: Hong Kong Court Upholds Benefits for Same-Sex Couples

Hong Kong's top court has ruled in favor of inheritance and public housing benefits for same-sex married couples. Despite not recognizing same-sex marriage, this marks a pivotal moment for gay rights in the territory. The decision concludes two significant legal cases, reinforcing equality in housing policy.

In a historic ruling, Hong Kong's highest court upheld inheritance and public housing benefits for same-sex married couples, a decision that marks a major stride in the fight for gay rights in the region. Although Hong Kong does not recognize same-sex marriage, the verdict, reported by The New York Times, resolves two protracted legal disputes involving couples married overseas.

One case involved Nick Infinger, who wed his husband in Canada. Their application for public housing in Hong Kong was initially rejected, prompting Infinger to sue the Housing Authority in 2018. Despite an initial victory, the government attempted to appeal. In a separate case from 2019, Edgar Ng challenged the legality of a policy barring his husband, whom he married in Britain, from inheriting a government-subsidized apartment. Ng's unexpected death in 2020 did not halt the legal battle, which ended in a favorable ruling for his spouse, Henry Li, despite the government's appeals.

Chief Justice Andrew Cheung emphasized the need for equitable distribution of welfare benefits, free from discrimination, declaring the exclusion of same-sex couples from housing policies unjustifiable. Judges Joseph Fok and Roberto Ribeiro condemned the discriminatory inheritance laws as unconstitutional. Outside the Court of Final Appeal, Infinger hailed the judgment as a victory for love and equality, and advocacy group co-founder Jerome Yau urged the government to cease denying spousal benefits based on sexual orientation.

Last year's court mandate for the government to devise legal recognition for same-sex partnerships by 2025 did not extend to marriage equality, despite growing public support. Recent surveys indicate a 60% approval rate for same-sex marriage among Hong Kong residents, underscoring the imperative for comprehensive legal reform.

Yau argued that the rational choice is to legalize same-sex marriage, criticizing the government's piecemeal approach. He urged authorities to heed the court's directive and establish a coherent framework that acknowledges the dignity and rights of all individuals, regardless of sexual orientation.

(With inputs from agencies.)