https://www.nbcnews.com/news/world/hong-kong-top-court-rules-favor-same-sex-civil-unions-rcna103333An activist detained in Hong Kong partially won his final appeal Tuesday seeking recognition for same-sex marriage registered overseas, in a landmark court ruling that is likely to have a far-reaching impact on the city’s LGBTQ+ community.
Jimmy Sham, a prominent pro-democracy activist during 2019 anti-government protests, married his husband in New York 10 years ago. Sham first asked for a judicial review in 2018 arguing that Hong Kong’s laws, which don’t recognize foreign same-sex marriage, violate the constitutional right to equality. The lower courts had dismissed his challenges.
Sham has been in custody after being charged under a Beijing-imposed national security law following the massive protests. The law has been used to arrest and silence many other pro-democracy activists as part of a crackdown on dissent in the former British colony.
Judges at the city’s top court, by a majority, declared in a written ruling that the government is in violation of its positive obligation to establish an alternative framework for legal recognition of same-sex partnerships, such as registered civil partnerships or civil unions. But they unanimously dismissed his appeal on other grounds.
