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​Professional Legal Blog

Read summaries of academic articles written by professional legal academics or practitioners that provides a comprehensive view of the legal development of Hong Kong.

Summary: Prospects for Marriage Equality in Hong Kong: A Tale of Two Cities

3/1/2021

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Author: Wally Suphap
Summarized by: Chang Wing Lam (Associate)

The author argues that Hong Kong society today generally welcomes the idea of same-sex marriage and recognises that homosexual couples should enjoy equal rights as heterosexual couples. However, both the legislature and the court have been reluctant in lifting the ban on homosexual marriage; this hinders Hong Kong’s further advancement towards marriage equality. Hong Kong should follow the path of her Asia Pacific neighbours, such as Taiwan and Australia, in achieving marriage equality.
 
The author therefore re-emphasises the arguments for marriage equality in Hong Kong: -
 
  1. Freedom of marriage is a fundamental human right; homosexual couples should be equally entitled to such right as heterosexual couples. Refusing to recognise the relationship status of homosexual couples excludes them from government policies and legal protection.
  2. Religious views and traditional social values are not legitimate justifications to discrimination and denial of fundamental human rights.
  3. The institution of marriage has evolved over time, therefore, opening up marriage to same-sex couple strengthens the institution by ensuring that it remains an essential building block of our society.
  4. Denying homosexual couples their right to marriage reinforces the social stigma towards the LGBT+ community. This brings negative impacts to the children of LGBT+ parents and discourages foreign expats to remain.
 
To conclude, the author urges the public to speak up and strive for marriage equality in Hong Kong.
 
Comment
​

I agree with the author’s view that Hong Kong needs to recognise marriage equality as soon as possible; It is a fundamental human right and a key to creating an inclusive community.

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