BY: Nick Fulton
Published 11 hours ago
This month, Hong Kong’s government proposed new legislation that would usher in an unprecedented level of legal rights for same-sex partnerships across the region. While the bill’s future is still unclear, its passage would mark a milestone in human rights progress in an area closely connected to traditional exclusionary values.
What’s on the Table?
Hong Kong’s same-sex union bill is not a full legalization of same-sex marriage, but rather a set of legal provisions for those relationships. The bill would recognize partnerships formed overseas and grant those partnerships extended rights and responsibilities. Under this proposal, those in registered same-sex unions would be granted the ability to participate in medical decisions regarding their partner, handle after-death matters, and receive other limited legal rights.
The introduction of this legislation comes after a 2023 landmark court ruling by Hong Kong’s highest court. In this ruling, the region’s Court of Final Appeal ruled that same-sex marriage will not be legalized in Hong Kong. However, the government has a responsibility to provide an alternative framework of protections for same-sex couples. The court put the government on a two-year timeline to implement a plan that would support the legal decision.
While the potential progress is encouraging, LGBTQIA+ equality is a very slow burn. Part of the proposed bill reads that the government “firmly upholds the monogamous and heterosexual marriage system which is clearly stated in the law of Hong Kong.” LGBTQIA+ advocates say that the potential protections are a bare minimum and fall short of the court’s ruling.
What Are the Chances?
Robust early opposition to the legislation is not a bright indicator of the bill’s potential viability. Upon the bill’s first reading, 35 of the region’s 89 lawmakers voiced their immediate objection. Just eight lawmakers have expressed support for the legal protections. As the court’s two-year deadline is quickly approaching, the future of LGBTQIA+ progress in Hong Kong is uncertain.
While Chief Executive John Lee Ka-chiu made it clear that he would not challenge the court’s ruling, the region’s leader has voiced support for the alternative framework. The Chief Executive’s backing of the bill is a reflection of his commitment to Hong Kong’s “rule of law,” where the court makes a ruling that the Legislative Council must then act upon.
The Individual and Regional Impact
The 2023 court ruling was one of the region’s most significant steps toward LGBTQIA+ inclusion. If the ruling is not followed by legislative action, it means very little for the communities promised protections. Hong Kong is home to more than 400,000 individuals who identify as LGBTQIA+. While the personal impact alone is significant, the political implications of this legislation are also far-reaching.
One lawmaker in opposition to the legislation has called for Beijing to step in and overturn the court ruling. If the Chinese capital were to take such action, Hong Kong’s autonomy would be upended, and this overreach would lead to broader issues with the “one country, two systems” framework. Same-sex unions have no rights on mainland China, and the Chinese government closely censors conversations regarding LGBTQIA+ issues.
The Legislative Council is currently reviewing the bill after its first and second readings. While the future of this piece of progress is uncertain, more than 60% of Hong Kongers support marriage equality. With the 2023 court ruling and increased public approval, progress for LGBTQIA+ people in Hong Kong is slow but very possible.
