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Hong Kong's top court OKs same-sex civil unions

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Holmes Chan, Agence France-Presse

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt="Hundreds of activists led by Rainbow Alliance members join a gay rights protest march to mark the International Day against Homophobia (IDAHO) through the streets of Hong Kong, China 20 May 2007. EPA/ADRIAN BRADSHAW" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2023/overseas/09/05/protest.jpg"/><figcaption>Hundreds of activists led by Rainbow Alliance members join a gay rights protest march to mark the International Day against Homophobia (IDAHO) through the streets of Hong Kong, China 20 May 2007. <em>EPA/ADRIAN BRADSHAW</em></figcaption></figure></div><p>Hong Kong&#x27;s top court ruled Tuesday in favor of same-sex partnerships including civil unions but stopped short of granting full marriage rights in a partial win for the city&#x27;s LGBTQ community.</p><figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/UBK9OK9jCKk?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div><p>Over the past decade, LGBTQ activists in the former British colony have won piecemeal victories in court, striking down discriminatory government policies on visas, taxes and housing benefits.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/05/03/23/deped-same-sex-union-topic-in-curriculum-since-2013">DepEd defends inclusion of same-sex union topic in curriculum draft</a></li>	<li><a href="https://news.abs-cbn.com/spotlight/11/22/22/remulla-ph-not-ready-for-same-sex-marriage-sogie">Remulla says PH ‘not ready’ for same-sex marriage, SOGIE</a></li>	<li><a href="https://news.abs-cbn.com/overseas/12/08/21/same-sex-marriage-now-legal-in-30-countries">Same-sex marriage now legal in 30 countries</a></li></ul><p>But the case brought by jailed pro-democracy activist Jimmy Sham is the first time Hong Kong&#x27;s Court of Final Appeal has directly addressed the issue of same-sex marriage.</p><p>In its ruling, the court declared that the Hong Kong government &quot;is in violation of its positive obligation... to establish an alternative framework for legal recognition of same-sex partnerships&quot;, such as civil unions.</p><p>But it stopped short of making a decision of full marriage equality for same-sex couples.</p><p>The court &quot;unanimously dismisses the appeal in relation&quot; to same-sex marriage and recognition of foreign same-sex marriage, it said in its judgement.</p><p>While LGBTQ activism faces political challenges in mainland China, semi-autonomous Hong Kong has seen increasing support among its population for same-sex marriage.</p><p>A poll this year found that 60 percent of Hong Kongers supported same-sex marriage, compared to just 38 percent a decade ago.</p><p>The challenge launched by Sham, 36, had twice failed to convince the courts that Hong Kong should legally recognise his marriage to a same-sex partner, which was registered in New York nearly a decade ago.</p><p>In August 2022, appeal judges wrote that Hong Kong&#x27;s constitutional text &quot;only provides access to the institution of marriage to heterosexual couples&quot;.</p><p>Sham had argued the city&#x27;s ban on same-sex marriage violated his right to equality, while the lack of a policy alternative -- such as civil unions -- does the same, in addition to breaching his right to privacy.</p><p>British rights lawyer Karon Monaghan, representing Sham, told the court in June the ban disadvantages same-sex couples in areas such as inheritance and housing rentals.</p><p>Sham, a prominent democracy campaigner, is one of dozens of activists behind bars awaiting prosecution under the security law on charges unrelated to LGBTQ rights.</p><div><strong>A &#x27;long journey&#x27;</strong></div><p>Gender studies scholar Suen Yiu-tung said Hong Kong decriminalised sexual acts between adult men in 1991, but still had &quot;no protection against discrimination on the grounds of sexual orientation and gender identity&quot;.</p><p>Local courts have struck down discriminatory policies &quot;domain-by-domain&quot; but that approach resulted in a &quot;really, really long journey&quot;, Suen told AFP.</p><p>Tuesday&#x27;s case was different because it asked for a more &quot;wholesale&quot; recognition of same-sex marriage, but that also meant success &quot;might be more difficult&quot;, he added.</p><p>In Asia only Nepal and Taiwan recognise same-sex marriage while in South Korea lawmakers have recently introduced legislation that would recognise same-sex partnerships.</p><p>Some international businesses in Hong Kong have also backed marriage equality campaigns, crediting it as a way to attract talent.</p><p>But the city&#x27;s Beijing-approved leadership has shown little appetite for passing laws that advance LGBTQ equality.</p><p>Rights advocacy has partly gone underground after Beijing imposed a national security law on Hong Kong in 2020, following huge and sometimes violent pro-democracy protests in the finance hub.</p><p>In July, a radio show promoting gay rights aired by Hong Kong&#x27;s public broadcaster was cancelled after a 17-year run.</p><div><strong>hol-dhc/mtp</strong></div><div><strong>© Agence France-Presse</strong></div><figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/L1TWDUeztT4?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div>

Hong Kong's top court ruled Tuesday in favor of same-sex partnerships including civil unions but stopped short of granting full marriage rights in a partial win for the city's LGBTQ community.

Hong Kong's top court OKs same-sex civil unions

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Hong Kong's top court OKs same-sex civil unions

Holmes Chan,

Agence France-Presse

Published Sep 05, 2023 04:31 PM PHT

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