Hong Kong’s highest court on Tuesday (November 26) confirmed earlier rulings that guarantee subsidized housing benefits and equal inheritance rights for same-sex married couples. This historic decision marks a significant step forward in the city’s evolving stance on LGBTQ rights.

The Court of Final Appeal dismissed the government's appeal, bringing to an end years of legal battles over the treatment of overseas-married same-sex couples under Hong Kong's Housing Authority policies and two inheritance laws. The ruling is expected to have a lasting impact on same-sex couples, who have historically faced fewer rights compared to their heterosexual counterparts in the city.

Chief Justice Andrew Cheung, in his judgment, explained that policies restricting housing benefits to opposite-sex married couples were justified by claims that they increased the supply of subsidized housing for traditional families. However, Cheung said authorities failed to show any evidence that relaxing these policies would harm opposite-sex couples. “The challenged policies cannot be justified,” he wrote.

On inheritance laws, Judges Roberto Ribeiro and Joseph Fok ruled that the contested provisions were "discriminatory and unconstitutional." These rulings reflect Hong Kong's ongoing struggle with the recognition of same-sex marriages, as the city does not yet officially acknowledge them. As a result, some couples have married overseas.

Currently, same-sex marriages in Hong Kong are only recognized for specific purposes, including taxation, civil service benefits, and dependent visas. However, there have been significant legal victories for the LGBTQ community, resulting in increased social acceptance of same-sex marriage.

In September 2023, the top court ruled that the government should establish a legal framework for recognizing same-sex partnerships. This ruling, alongside previous successful challenges, made Hong Kong the only region in China to offer some form of recognition for same-sex couples.

Earlier decisions in 2020 and 2021 from a lower court had already determined that the housing policies in question violated the constitutional right to equality, and that the exclusion of same-sex spouses from inheritance benefits was discriminatory.

The government’s appeals were rejected in October 2023 by the Court of Appeal, prompting the cases to be taken to the Court of Final Appeal.

Nick Infinger, who initiated a judicial review against the Housing Authority in 2018, expressed his gratitude for the ruling. “Today’s decision acknowledges that same-sex couples can love each other and deserve to live together,” he said outside the court. “This fight is not only for me and my partner, but for all same-sex couples in Hong Kong.”

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