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Hong Kong’s highest court, the Court of Final Appeal, made a significant decision on Tuesday (September 5) regarding the recognition of same-sex partnerships. The ruling partially approved an appeal by LGBTQ activist Jimmy Sham, urging the acknowledgment of overseas same-sex marriages. Additionally, the court called for the establishment of an alternative legal framework that would enable such couples to legitimise their essential social needs, as reported by Reuters.
The judges, however, rejected the argument that the failure to recognise same-sex marriage was in violation of the city’s mini-constitution, which safeguards the right to equality. In their decision, the judges unequivocally stated, “There is no constitutional right to same-sex marriage in Hong Kong,” Bloomberg reported.
The Court of Final Appeal’s ruling underscored that the government was found to be “in violation of its positive obligation… for legal recognition of same-sex partnerships,” as stated in the judgment. Despite this acknowledgment, the court “unanimously dismisses the appeal” concerning the recognition of same-sex marriages, AFP reported.
This decision marks a significant milestone in the ongoing debate surrounding LGBTQ rights and the legal status of same-sex relationships in Hong Kong, the report said. While the court stopped short of granting full marriage rights to same-sex couples, its call for an alternative legal framework represents a step forward in recognising the importance of recognising and protecting the rights of LGBTQ individuals and their relationships, it added.
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