2023-09-05 22:21:04
Partial victory in the marriage equality case is expected to civil union Gay: I hope to stay in Hong Kong with my partner for life and death
Cen Zijie, a member of “Rainbow Action” and former convener of the Democratic Front, had earlier submitted a judicial review on Hong Kong’s law that does not recognize overseas same-sex marriages. The Court of Final Appeal ruled in his partial favor on Tuesday (5th), saying Hong Kong law does not provide any alternative and legally recognizes same-sex partnerships as unconstitutional. The Marriage Equality Association held a journal to respond to the verdict on the same day. Some comrades described in the journal that they were both happy and encouraged by the verdict. They hoped that he and his other half, who were born and bred in Hong Kong, might spend life, old age, sickness and death in Hong Kong in the future and enjoy the same rights as heterosexual couples.
Travis, who is gay himself, appeared at the press conference today and was overjoyed by the verdict. “It is definitely a happy and encouraging day.” He believes that same-sex couples will eventually be protected and respected, so he will seriously consider staying in Hong Kong for long-term development. He was born and raised in Hong Kong, but because Hong Kong does not recognize same-sex marriage, he had considered marrying his other half overseas before the judgment. Now he hopes that the government will implement practical measures in response to the latest judgment of the Final Court. “If we can bring important moments in our lives to Hong Kong It should be a matter of joy and congratulations for every Hong Kong person to implement it in this place.”
Travis was overjoyed by the verdict and hoped to stay in Hong Kong with his partner for a long time.
Academics: Frustrated by failure to recognize same-sex marriage
Sun Yaodong, an associate professor of gender studies at the Chinese University, described the verdict as an important step for LGBT equality in Hong Kong and Asia, but he was disappointed that the court still did not recognize same-sex marriage. He believes that this judgment is consistent with Hong Kong’s overall society’s views on LGBT. Previous polls have shown that Hong Kong people’s support for same-sex marriage is getting higher and higher, from 38% in 2013 to 60% in 2023. Among the respondents aged 18 to 34, 82% support it.
Regarding the majority of the judges of the Final Court who believe that an alternative plan to recognize same-sex partnerships should be implemented, Sun Yaodong continued that the relevant plan might be a civil union. Take the United Kingdom as an example. The local law emphasizes that civil unions and same-sex marriages cannot be treated differently. If the government and the Legislative Council set the relevant programs too narrow during discussions, they will only face more legal challenges in the future.
Sun Yaodong pointed out that the verdict is an important step towards equal rights for Hong Kong and Asian minorities.
Barristers urged to refer to British practice
Ma Yashan, a barrister who did not participate in this case, pointed out that the court requires the government to come up with an alternative plan within two years, and the government can think carefully regarding how to give same-sex couples a suitable status. The court requires the government and the appellant to submit written submissions within three weeks to discuss the solution to the case. Ma suggested that the government can refer to the practices of other countries, such as the United Kingdom, which has a legal basis close to Hong Kong.
Ma Yashan urged the Hong Kong government to consider referring to British civil unions and other practices.
Liang Yishan, a representative of the Marriage Equality Association, described that this judgment clearly states that Hong Kong laws must protect and respect same-sex couples, which is an important victory for Hong Kong and a big step forward for Hong Kong’s love for equality and a harmonious society.
The Association for Marriage Equality held a meeting following the judgment of the Final Court. Representative Liang Yishan described the judgment as a major victory for Hong Kong people.
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