Hong Kong's High Court Affirms Rights for Same-Sex Married Couples

The recent ruling marks a significant advancement in LGBTQ+ rights in Hong Kong, emphasizing the need for comprehensive legal recognition.

Hong Kong's Court of Final Appeal made a landmark decision on Tuesday, affirming the inheritance and public housing benefits for same-sex married couples, a development celebrated by advocates for LGBTQ+ rights in the region. Although Hong Kong does not recognize same-sex marriages, the ruling furthers the legal battles of couples married abroad seeking equal rights.

Plaintiff Nick Infinger, who wed his husband in Canada, initiated a lawsuit against Hong Kong’s Housing Authority in 2018 after a denial of their joint application for public housing. Following a successful ruling, the government opted to appeal. Concurrently, another case involved Edgar Ng, who discovered that his husband, married in Britain, lacked inheritance rights to his government-subsidized apartment upon Ng's death in 2020. Subsequent lower court decisions ruled in favor of Ng, but the government continued its attempts to appeal.

In a decisive statement, Chief Justice Andrew Cheung remarked that the exclusion of same-sex couples from housing policy was unjustifiable, advocating for benefits distribution that was "free from discrimination." Fellow judges Joseph Fok and Roberto Ribeiro condemned the government's rationale behind the inheritance law as "unconstitutional" and "unlawful."

Post-ruling, Infinger expressed his gratitude, stating, "This ruling reaffirms the right of same-sex couples to love and live together." Jerome Yau, co-founder of Hong Kong Marriage Equality, called the decision a clear directive for the government to extend spousal benefits to same-sex couples, emphasizing that legal inequities based on sexual orientation must end.

Last year, the High Court mandated that Hong Kong’s government devise a legal framework to recognize same-sex partnerships by October 2025, yet did not extend this recognition to same-sex marriages. With a recent study revealing that 60% of respondents in Hong Kong supported same-sex marriage, advocates urge immediate legalization. Yau affirmed, "It’s time for the government to recognize that it is legally inappropriate to treat individuals differently based on sexual orientation."