Hong Kong court: Denying same-sex spousal benefits unlawful

Law Journals

Hong Kong’s Court of Final Appeal said Thursday the government cannot deny spousal employment benefits to same-sex couples, in a ruling hailed as a major step forward for same-sex equality in the semi-autonomous Chinese territory.

The court overturned an earlier judgment, saying unanimously that denying same-sex couples access to spousal benefits is unlawful.

“It follows therefore that the ‘prevailing views of the community on marriage’ ... even if this can confidently be gauged in the first place, are simply not relevant to a consideration of the justification exercise,” the ruling said.

Although same-sex marriage is not recognized in Hong Kong, the judgment appears to move the territory further in that direction. Last year, the Court of Final Appeal ruled that the same-sex partner of a British expatriate married abroad was entitled to the same visa treatment as a heterosexual partner under immigration law.

Angus Leung, a senior immigration officer who brought the case on behalf of himself and his partner, Scott Adams, said the ruling was the culmination of a stressful four-year process.

“We understand that it is just a small step for the equality in Hong Kong,” Leung told reporters as he and Adams held hands outside the courthouse. “We think that as a small citizen, we shouldn’t be going through such a process to fight for such a basic family right.”

Leung urged the government to rectify discriminatory policies and legislation so that other couples wouldn’t have to undergo the same legal process.

Man-kei Tam, director of Amnesty International Hong Kong, called Thursday’s judgment a “huge step forward for equality” that brings Hong Kong “more in line with its international obligation to respect, protect and fulfil the rights of people with different sexual orientations.”

Tam also called on the government to review its laws, policies and practices to end all discrimination on the basis of sexual orientation, gender identity and intersex status, saying, “No one should experience discrimination because of who they are or who they love.”

It isn’t clear what effect the ruling might have on private businesses and organizations, although some already offer benefits to same-sex partners as they compete for top talent in finance, marketing and other fields for which Hong Kong is famous. In another sign of acceptance, the city of 7.4 million people is also preparing to host the 2022 Gay Games.

Related listings

  • After Mueller, Trump says he'll fight Dems on all fronts

    After Mueller, Trump says he'll fight Dems on all fronts

    Law Journals 04/21/2019

    President Donald Trump declared Wednesday that he and his administration will battle House Democrats on all legal fronts after the special counsel's Russia report, refusing to cooperate with subpoenas and appealing to the Supreme Court if Congress tr...

  • Cristiano Ronaldo pleads guilty to tax fraud at Madrid court

    Cristiano Ronaldo pleads guilty to tax fraud at Madrid court

    Law Journals 01/23/2019

    With a guilty plea and a huge fine, Cristiano Ronaldo finally put an end to his tax ordeal in Spain.Nearly four years after an investigation was opened, Ronaldo appeared at a court in Madrid on Tuesday to plead guilty to tax fraud and agree to a fine...

  • No-cost birth control, now the norm, faces court challenges

    No-cost birth control, now the norm, faces court challenges

    Law Journals 01/17/2019

    Millions of American women are receiving birth control at no cost to them through workplace health plans, the result of the Obama-era Affordable Care Act, which expanded access to contraception.The Trump administration sought to allow more employers ...

Texas Adopts Statewide Texting-While-Driving Ban

Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.

Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.