Hong Kong’s LGBTQIA+ community on Wednesday suffered a legal setback when a court rejected an appeal against the refusal to recognize same-sex marriages performed abroad.
In recent years, LGBTQIA+ activists have won several legal victories against discrimination, which has been incorporated into Hong Kong’s laws.
But Wednesday’s ruling by an appeals court means it won’t be possible to get the current ban on same-sex marriage lifted in the courts.
The appeal was filed by activist Jimmy Sham, who in 2013 married his partner in the United States and is trying to have the relationship legally recognized in Hong Kong, where they live today.
Sham is also a pro-democracy activist and, like dozens of others, is in jail awaiting prosecution under a national security law that China imposed on Hong Kong to root out dissent after the massive protests of 2019.
Three judges ruled on Wednesday that the Basic Law, Hong Kong’s mini-constitution, “recognizes only heterosexual marriages”, so only heterosexual couples can have their marriage abroad recognized.
According to the judges, if same-sex marriages abroad were recognized, it would “create an inherent incompatibility” between them and same-sex couples who cannot legally marry in Hong Kong.
The ruling could only be reversed in the Hong Kong Court of Final Appeal, but it is unclear whether Sham will continue the legal battle after the court was rejected on two occasions.
However, some small victories have been won in recent years in Hong Kong.
Among them, a foreign lesbian couple obtained marital visas. The court also recognized that the homosexual partner of an immigration officer must have the same benefits as heterosexual couples.
Surveys show that more and more Hong Kongers, especially younger ones, are supporting gay rights, while a growing number of international companies have supported campaigns in favor of same-sex marriage, arguing that this makes it easier to attract talent.
But Hong Kong officials, backed by Beijing, have shown little interest in passing laws that provide equality for LGBTQIA+ residents.
