Hong Kong’s top court ordered more protections for same-sex couples. Lawmakers said no.

HONG KONG — For years, pro-Beijing lawmakers in Hong Kong have been steadfastly in support of the government. That is, until the issue of same-sex partnerships came up.

Last month, Hong Kong’s opposition-free Legislative Council overwhelmingly voted down a government-sponsored bill that would have partially recognized same-sex unions in the Chinese territory.

The rejection, which LGBTQ rights advocates said was “disappointing,” has rekindled discussions about gay rights and the rule of law in Hong Kong as its leaders grow more in sync with the central Chinese government.

The bill, which would have granted limited rights to same-sex couples, was a response to a 2023 order by Hong Kong’s top court that gave the government until Oct. 27, 2025, to establish an alternative framework for legal recognition of same-sex partnerships, such as registered civil partnerships or civil unions.

Marriage equality remains a work in progress in Asia, with only three jurisdictions — Taiwan, Nepal and Thailand — having fully legalized same-sex marriage. A 2023 survey of Hong Kong residents by the Chinese University of Hong Kong found that same-sex marriage was supported by about 60% of respondents.

Though the Hong Kong legislation fell far short of fully recognizing same-sex marriage, equality campaigners said it still would have been a step forward for the international financial hub, whose global image has suffered greatly after mass anti-government protests, severe pandemic restrictions and a crackdown on dissent.

Hong Kong Same Sex Partnership
Hong Kong lawmaker Maggie Chan giving a speech last month in front of a sign that reads “Resolutely Oppose Registration of Same-Sex Partnerships Bill.”Chan Long Hei / AP

However, 71 out of 86 lawmakers opposed the bill, with some blasting it as an attack on marriage and traditional Chinese values.

The veto marked the legislature’s first big split with the government since Beijing’s “patriots-only” electoral reform in 2021, which aimed to ensure “consistent” and “strong” legislative support for the executive after the 2019 protests. The changes have essentially shut out the pro-democracy lawmakers who traditionally challenged the government.

The Hong Kong government said it was “disappointed” by the veto but that it would respect the legislature’s decision and turn to administrative means to protect the rights of gay couples. The details of its next steps are not immediately clear.

‘No enthusiasm’

Hong Kong, a city of 7.5 million people, had been making some progress on LGBTQ rights through a string of court victories.

In 2023, Hong Kong’s top court ruled that transgender people could change their gender on their official identity cards without undergoing full sex reassignment surgery. In July, a Hong Kong court ruled that transgender people have the right to use public toilets in line with their affirmed genders.

And last month, a Hong Kong judge ruled in favor of a lesbian couple who wanted to include both mothers’ names on their son’s birth certificate.

But there have also been setbacks as the space for activism in Hong Kong has diminished. Pink Dot, the city’s largest LGBTQ event, said last month that it was holding its 2025 edition online after losing its usual venue with no explanation.

The case that prompted the same-sex marriage legislation was brought in 2018 by Jimmy Sham, a leading local gay rights activist who took the government to the Court of Final Appeal to have his overseas same-sex marriage recognized.

Hong Kong Same Sex Partnership
Gay rights activist Jimmy Sham in front of the Court of Final Appeal in Hong Kong in August.Chan Long Hei / AP

The 2023 court ruling in his favor came while Sham, 38, one of 47 pro-democracy figures arrested in 2021 under a Beijing-imposed national security law, was on trial on subversion charges. Sham, who like most of the defendants pleaded guilty, was released from prison in May after serving more than four years.

To comply with the landmark ruling, the Hong Kong government proposed a mechanism in July by which gay couples could visit their partners in the hospital, access their medical records and make decisions about organ donation and funeral arrangements. It did not address parental or adoption rights.

The protections also would have applied only to same-sex couples who had registered their partnerships outside Hong Kong, a provision that advocacy groups criticized as discriminatory.

Yet the proposal met with strong objections from lawmakers, who cited a “lack of social consensus” in Hong Kong on the “highly controversial” subject of same-sex partnership.

They argued that the bill, even though it did not legalize gay marriage, would still lead to a “collapse of traditional family ethics and values” if passed.

Image: FILES-HONG KONG-CHINA-POLITICS-LGBTQ-RIGHTS
LGBTQ couples at a mass wedding in Hong Kong in 2024, which a U.S. pastor performed online.Peter Parks / AFP via Getty Images file

“Why stir up trouble and break tradition for a small group, throwing the whole society into turmoil?” said lawmaker Junius Ho, a vocal opponent of LGBTQ rights.

Sham said that although the veto was a “great pity,” he hoped authorities would relaunch the legislative process.

“The question is whether those in power have the courage and wisdom to resolve differences and seek consensus,” he wrote in a Facebook post.

Hong Kong officials said the government had made its “best effort” to secure support from the legislature, basing the proposal on what they deemed “societal common ground.”

However, John Burns, an emeritus professor at the University of Hong Kong who specializes in the city’s politics and governance, said he saw “no enthusiasm” from the government to create an alternative framework for recognizing same-sex partnerships.

After being forced into action by the court, Burns said, the Hong Kong government “waited until virtually the last possible moment” before proposing a “minimalist bill.”

“They had many opportunities to fix this, and they sat on their hands and looked at the sky,” he added.

What’s next

The Chinese central government and pro-Beijing lawmakers, who have denied any erosion of freedoms in Hong Kong, said the veto would not create a constitutional crisis but rather showcased the checks and balances of Hong Kong’s governance.

But legal experts said the government still has to find a way to comply with the court order.

“The legislature rushed through this decision,” said Azan Marwah, a Hong Kong barrister specializing in public law and family litigation.

He said lawmakers should have proposed and debated amendments to the bill if they had concerns.

“But instead of doing that, they simply abdicated their responsibility,” Marwah said. “Now, what will the court do? To be really frank with you, I don’t know.”

The Constitutional and Mainland Affairs Bureau, which proposed the failed legislation, did not respond to a request for comment.

The lack of legal protections for same-sex couples may lead to a “big loss” of local or foreign talent in Hong Kong, as many multinational companies value diversity and equality, said Marie Pang, deputy secretary-general of the centrist political party Third Side.

“It would directly undermine Hong Kong’s competitiveness as an international city, especially when other regions in Asia already have relevant systems in place,” Pang said.

Amid the uncertainty, many people in Hong Kong’s LGBTQ community are continuing to look forward.

The campaign for equality and inclusion is more than legal victories, said Louis Ng, a law student and gay rights advocate.

“Real change requires open communication and engagement with all sides. Only then may we persuade the strong opponents,” Ng said. “It all takes time and effort.”

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