It’s time for Hong Kong to recognise same-sex marriage for the sake of a more harmonious society
Hong Kong Free Press
By Jerome Yau
Significant strides have been made in recent years in terms of equality and inclusion in Hong Kong. Since 2018, our courts have handed down seven rulings that denounced discrimination on the grounds of sexual orientation and supported the equal treatment of same-sex couples.
The most important one is the landmark judgement handed down by the Court of Final Appeal in the Sham Tsz-kit case last September. While it did not mandate same-sex marriage, it made it clear that the government could implement it if it wished to do so. More importantly, it ordered the government to come up with a framework for the legal recognition of same-sex partnerships within two years.
The messages behind these decisions couldn’t be clearer – same-sex couples deserve to live a dignified life, and their relationships should be recognised and protected by law.
Same-sex couples are simply seeking access to the institution of marriage that is available to other committed opposite-sex couples – and for the same mix of reasons, from affirming their love and commitment to providing security and protections for their family. Fundamentally, recognising same-sex partnerships promotes human dignity, social cohesion and traditions.
Now that the clock is ticking, our society would be better off if the government could focus its energies on how to implement the Sham decision rather than wasting taxpayers’ money in flghting same-sex couples’ cases tooth and nail.
It would be wrong and disingenuous to take a piecemeal approach to implementing the court’s decision. This would not only violate the letter and spirit of the judgement but also invite more litigation.
The only feasible option is to recognise same-sex partnerships through a comprehensive scheme, and same-sex marriage remains the best solution.
Same-sex marriage is currently legal in 36 jurisdictions, and in every single one of them, life goes on as usual – the sky hasn’t fallen and there is no collapse of human civilisation. Notably, Hong Kong society is ready for same-sex marriage. According to a recent survey, 60 per cent of the population supported it – a record high.
Same-sex couples are not asking for special treatment; they just want to get on with their lives. Any fair-minded person would have no difficulty in feeling the pain, anguish and injustice inflicted on same-sex couples because of discrimination.
Traditions are important, as shared customs help bring us together. At the same time, blind adherence to traditions can hold us in bondage and perpetuate injustice. As such, the argument that same-sex marriage would undermine traditions is specious and doesn’t stand up to scrutiny.
Professor Marco Wan of the University of Hong Kong didn’t mince words when he said “those who argue against same-sex unions in the name of ‘traditional marriage’ participate in what the historian Eric Hobsbawm calls an ‘invention of tradition’, whereby a fantasmatic past is conjured up as a way of resisting the forces of social, cultural and legal change.”
It is also worth noting that the traditional definition of marriage in Hong Kong is not that traditional, as Chinese customary marriages were not outlawed until 1971.
For those who argue that same-sex marriage is a Western idea and not compatible with local or Asian values, they had better think again. In Asia, Taiwan and Nepal already recognise same-sex marriage, and Thailand is slated to do so later this year as marriage equality bills passed the first reading in the country’s House of Representatives last December. In Japan, opinion polls indicate that roughly 70 per cent of the population support same-sex marriage. These facts speak louder than words. After all, love and dignity are universal.
Other arguments against same-sex marriage are red herrings or instances of fear-mongering. During the Third Cycle of the Universal Periodic Review at the United Nations in 2018, China accepted several recommendations about non-discrimination against LGBT+ people. Therefore, it is absurd to suggest that advancing the dignity and equality of LGBT+ people would endanger national security.
We can build a more cohesive and harmonious society by opening the door to same-sex marriage. It would not only elevate Hong Kong’s international image but give the city an edge in recruiting global talent.
Fair-mindedness and compassion require us to speak up against hateful and divisive rhetoric in our society. Let’s put an end to discrimination on the grounds of sexual orientation and join hands to build a loving and inclusive society for all.
Jerome Yau is co-founder of Hong Kong Marriage Equality, the NGO in Hong Kong dedicated to advancing fair treatment for same-sex couples.
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