Hong Kong’s LGBTQ+ community scored a major victory on Tuesday, as the city’s highest court upheld same-sex couples’ housing and inheritance rights, ruling against the government.
The decision marks the conclusion of a six-year legal battle launched by Nick Infinger, a resident who, along with his partner, was denied public rental housing because they did not qualify as a “normal family.” The case was linked to Henry Lee, who challenged inheritance rules that excluded same-sex couples after her husband Edgar Ng died in 2020.
In a unanimous decision, the court dismissed the government’s appeal, with Chief Justice Andrew Cheung saying policies excluding same-sex couples from public rental housing and home ownership schemes could not be justified. The Court emphasized that for same-sex couples in need of affordable housing, such exclusion denies them a real opportunity to share family life under one roof.
Additionally, the court ruled that existing inheritance laws are discriminatory and unconstitutional, as same-sex couples are not eligible for the intestate rules that apply to married couples. Justices Joseph Falk and Roberto Ribeiro condemned the government’s failure to justify the differential treatment of same-sex couples for these legal matters.
Infinger, who displayed a rainbow flag outside the court, expressed gratitude but also acknowledged that it will take time to achieve full equality for the LGBTQ+ community in Hong Kong. “I hope Hong Kong can become more equal and fair,” he said, adding that Hong Kong still lags behind jurisdictions such as Taiwan and Thailand in terms of protecting LGBTQ+ rights.
Lee, in a heartfelt letter to her late husband, expressed gratitude for the verdict, noting the pain she has endured over the years but maintaining hope that the fight for equality will continue.
The ruling follows a 2023 decision by the court to reject the legalization of same-sex marriage, giving the government two years to establish an “alternative legal framework” to protect the rights of same-sex couples. Advocacy groups, incl Hong Kong Marriage EqualityIt has called on the government to exclude same-sex couples from marriage and implement more comprehensive protections for LGBTQ+ rights.
With public support for same-sex marriage growing — a 2023 survey found 60 percent of Hong Kong residents were in favor — activists hope the government’s next framework will provide stronger protections for same-sex couples.
However, they remain vigilant, urging the government to act quickly to enact meaningful legislative reforms.
