Hong Kong lawmakers say no to more rights for same-sex couples

Lawmakers in Hong Kong have rejected a controversial bill that would have granted limited rights to same-sex couples, in a blow to the city’s gay rights movement.

The law, which would have recognised some rights for couples who were married overseas, was opposed by 71 of the city’s 89-member Legislative Council (LegCo).

It was proposed by the government to comply with a 2023 court ruling, following the rejection of an attempt to legalise same-sex marriage.

While the city has in recent years been perceived as becoming gay-friendly, it has limited rights for the estimated 6% of the adult population who identify as LGBTQ. Recent polls suggest there is rising support towards the community.

Human rights group Amnesty International criticised the rejection of the bill, saying that it showed an “alarming disdain” for LGBTQ rights, and urged Hong Kong authorities to introduce a new and revised bill.

Hong Kong LGBTQ rights activist Jimmy Sham said it was “deeply regrettable” that the bill did not pass and that the government’s inability to protect same-sex couples rights “would remain an open wound”.

He added that he believed the government would not “turn a blind eye to the current illegal and unconstitutional situation”.

The bill stemmed from a long-running legal challenge to legalise same-sex marriage initiated by Sham, who had wanted official recognition of his marriage to his husband. The pair were married in New York in 2013.

The Hong Kong’s top court shot this down in 2023, but in a partial victory for activists, the Court of Final Appeal said at the time that the Hong Kong government had to formulate an alternative framework within two years to recognise unions between members of the same sex.

The judge said it was necessary as the lack of legal recognition could “disrupt and demean” the private lives of same-sex couples “in ways that constitute arbitrary interference”.

This year’s bill was an attempt by the Hong Kong government to fulfil this legal obligation.

It proposed a registration system for same-sex couples who were married or had civil unions overseas, and that these couples would have some rights – including the right to hospital visits and to make medical decisions for a spouse.

The city’s chief executive John Lee had backed this bill and urged LegCo to pass it, warning that a rejection would violate Hong Kong’s rule of law and bring about “serious consequences”.

But the bill had been criticised by both LGBTQ activists – who viewed it as insufficient in creating an alternative framework – and by members of the LegCo – who said the proposal went against traditional family values and paved the way for the legalisation of same-sex marriage.

Wednesday’s rejection means the government will have to go back to the drawing board, with little time to meet its 27 October deadline.

It also marked a rare split between the legislature and the Hong Kong government. Both institutions have been working in political lockstep, particularly since Beijing tightened control over the city in recent years.

Many in the LegCo are known to be pro-Beijing since China passed a law that only “patriots” can be part of the legislature, while the Hong Kong government’s chief executive is essentially hand-picked by Beijing.

Polls suggest that there is rising support for same-sex marriages among the Hong Kong public. A survey in 2023 found 60% were in favour of same-sex marriage, compared to 38% a decade ago.

That same year the territory hosted the Gay Games, marking the first time the competition was held in Asia.