An activist detained in Hong Kong partially won his final appeal Tuesday seeking recognition for same-sex marriage registered overseas, in a landmark court ruling that is likely to have a far-reaching impact on the city’s LGBTQ+ community.
Jimmy Sham, a prominent pro-democracy activist during 2019 anti-government protests, married his husband in New York 10 years ago. Sham first asked for a judicial review in 2018 arguing that Hong Kong's laws, which don’t recognize foreign same-sex marriage, violate the constitutional right to equality. The lower courts had dismissed his challenges.
“The absence of legal recognition of their relationship is apt to disrupt and demean their private lives together in ways that constitute arbitrary interference,” Justice Patrick Keane wrote. Currently, Hong Kong only recognizes same-sex marriage for certain purposes such as taxation, civil service benefits and dependent visas. Many of the government’s concessions were won through legal challenges in recent years and the city has seen a growing social acceptance toward same-sex marriage.
Jerome Yau, a co-founder of non-governmental organization Hong Kong Marriage Equality, said the ruling was “a positive step forward." He said the judges’ decision sent a clear signal that same-sex relationships deserve some form of recognition and that it would help enhance Hong Kong’s reputation.
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