In a historic ruling for LGBTQIA+ rights, Hong Kong’s highest court affirmed on Tuesday that same-sex couples are entitled to equal access to public housing and inheritance rights. This decision, which directly opposes the government’s stance, marks a major step forward in the ongoing fight for equality in the region.
Six years of legal battles end in triumph
The unanimous ruling, delivered by Justice Andrew Cheung, dismissed government appeals in two key cases involving housing and inheritance rights for same-sex couples. “The court unanimously rejects the government’s appeals,” Justice Cheung declared, bringing a six-year legal struggle to a close.
The first case involved Hong Kong resident Nick Infinger, who sued the government after being denied public housing with his partner under a policy that failed to recognize them as a “normal family.” His case was paired with that of Henry Li and his late husband, Edgar Ng, who challenged discriminatory rules regarding subsidized housing and inheritance that excluded same-sex couples.
A blow to discriminatory policies
Tuesday’s decision represents a critical victory for the LGBTQIA+ community, particularly in Hong Kong’s public housing system, which houses 28% of the city’s 7.5 million residents. Same-sex couples will now be eligible for the same housing benefits as heterosexual couples, including access to subsidized apartment purchases.
The court also addressed inheritance laws, which previously denied same-sex couples the rights afforded to heterosexual spouses. These rulings signal a shift toward dismantling long-standing legal barriers that have marginalized LGBTQIA+ individuals in Hong Kong.
Progress despite limitations
While this decision bolsters the rights of same-sex couples, it comes on the heels of a 2023 ruling from the Court of Final Appeal that rejected same-sex marriage. That decision, however, compelled the government to create an alternative legal framework for same-sex couples by 2025—a move that LGBTQIA+ advocates hope will lead to further reforms.
Government resistance and community hope
The government’s attempts to appeal lower court decisions were met with widespread criticism, with activists accusing officials of dragging their feet on equality. Despite this resistance, the court’s latest ruling has energized the LGBTQIA+ community, which views it as a crucial victory in the broader push for legal recognition and protection.
Henry Li, reflecting on his victory following his husband’s passing, called the ruling bittersweet but essential for paving the way for others. “This is not just about me or Edgar. It’s about everyone who deserves the right to love and live without discrimination,” he said.
A region at a crossroads
Hong Kong, often seen as a bridge between East and West, remains deeply divided on LGBTQIA+ rights. While this ruling offers hope for progress, the city still lags behind other global financial hubs in recognizing same-sex unions.
As the government now faces mounting pressure to create inclusive policies, the question remains: will these rulings be a turning point in Hong Kong’s march toward equality, or merely another battle in an ongoing war for justice? For now, the LGBTQIA+ community celebrates a hard-won victory, even as the fight continues.