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LGBTQ+ Wins Equal Housing Rights Battle in Hong Kong

LGBTQ+ Wins Equal Housing Rights Battle in Hong Kong

LGBTQ+ Wins Equal Housing Rights Battle in Hong Kong

LGBTQ+ Wins Equal Housing Rights Battle in Hong Kong

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  • Hong Kong Court of Appeal rejects bid to deny public housing to same-sex couples.
  • Government’s actions labeled “discriminatory.”
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  • Victory for LGBTQ+ rights in Hong Kong.

In a significant development for LGBTQ+ rights in Hong Kong, a government attempt to block same-sex married couples from accessing public housing has been rejected by the Hong Kong Court of Appeal.

The court labeled the government’s actions as “discriminatory” and a violation of the rights of these couples.

This decision is the latest in a series of legal victories for advocates of gay rights in the global financial center.

The government’s challenge was in response to two earlier High Court rulings, which deemed it “unconstitutional and unlawful” for the city’s housing authority to exclude same-sex couples who had married abroad from public housing.

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The cases that led to this appeal involved a permanent resident who was denied the opportunity to rent a public flat with his husband because their marriage in Canada was not recognized in Hong Kong.

Another case featured a same-sex couple who were denied joint-ownership of a government-subsidized flat because their marriage in Britain was not acknowledged in Hong Kong.

In their written judgment, Court of Appeal justices Jeremy Poon, Aarif Barma, and Thomas Au asserted that the housing authority’s treatment of married gay couples amounted to discrimination, and they emphasized the importance of providing equal treatment for these couples.

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“The differential treatment in the present cases is a more severe form of indirect discrimination than most cases because the criterion is one which same-sex couples can never meet,” the judges said in their ruling.

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Henry Li, one of the individuals involved in the second case, expressed his approval of the ruling in a Facebook post.

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Rights group Hong Kong Marriage Equality also welcomed the decision saying it had made clear “that discrimination and unequal treatment on the ground of sexual orientation has no place in public policy decisions.”

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Hong Kong’s top court in September ruled against same-sex marriage but acknowledged same-sex couples’ need “for access to an alternative legal framework in order to meet basic social requirements.”

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The government was granted a two-year window to develop the framework.

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In September, a Hong Kong court supported a married lesbian couple’s claim that both spouses should have parental rights for their child conceived through reciprocal IVF.

Advocates from different regions of Asia are closely monitoring Hong Kong’s court decisions, as they anticipate that these rulings might have an impact on reform initiatives in their own jurisdictions.

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