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Hong Kong government defends gay marriage ban in court

Hong Kong government defends gay marriage ban in court

A same-sex couple hold hands during an event to raise awareness of gay rights in Hong Kong on May 25, 2019, one day after Taiwan made history with Asia鈥檚 first legal gay weddings. AFP

HONG KONG, China 鈥 Hong Kong鈥檚 government is defending the city鈥檚 ban on same-sex unions at a landmark court challenge days after neighboring Taiwan legalized gay marriage in an unprecedented first for Asia.

Despite growing public support for gay marriage in the international financial hub, campaigners have made little headway against staunch opposition from the city鈥檚 successive pro-Beijing governments and religious conservatives.

A Hong Kong woman, known only as MK, is suing the government for denying her right to enter into a civil partnership with her female partner, arguing the ban is unconstitutional.

The case is currently being heard by the Court of First Instance.

Defending the current ban, government lawyer Stewart Wong told the court Wednesday that marriage would be 鈥渄iluted and diminished鈥 and 鈥渘o longer special鈥澛爄f that right was granted to same-sex couples.

Not all differences in treatment are unlawful. You are not supposed to treat unequal cases alike,鈥 Wong said, adding that Hong Kong鈥檚 definition of marriage was already defined by law and 鈥渃annot be trumped.鈥

He also argued against same-sex civil unions.

鈥淭o recognize an alternative form of same-sex relationships which we say is tantamount to a (marriage) is to undermine the traditional institution of marriage and the family constituted by such a marriage,鈥 Wong said.

The Hong Kong government鈥檚 view stands in stark contrast to nearby Taiwan where lawmakers made history approving Asia鈥檚 first gay marriage law earlier this month, despite a conservative backlash.

There were jubilant scenes in Taipei as the first same-sex couples were wed with government officials saying they hoped the move would also draw more international business.

A poll last year by Hong Kong University found public support for gay marriage had risen to 50 percent, a 12 percent increase in four years.

City authorities last week belatedly approved a Cathay Pacific advert featuring two men holding hands, after its reported ban sparked an outcry.

But the city鈥檚 government remains unmoved.

In a recent radio interview, even the head of Hong Kong鈥檚 equality watchdog said it was 鈥渋mpractical鈥 and a 鈥渨aste of resources鈥 to push for marriage equality, Hong Kong Free Press reported.

On Tuesday MK鈥檚 lawyer Gladys Li argued that it is 鈥渘ow or never鈥 for Hong Kong鈥檚 LGBT couples to secure civil partnership and marriage rights.

Li likened marriage to a 鈥減rivate members鈥 club鈥 when limited only to heterosexual couples.
Hong Kong does not recognize same-sex marriage or civil unions and only decriminalized homosexuality in 1991.

But a British lesbian won the right to live and work in Hong Kong with her partner in a landmark ruling last year hailed by rights groups.

A separate case has been lodged by two Hong Kong men directly challenging the same-sex marriage ban as unconstitutional.

And a transgender pastor from a church that welcomes gay congregants has sought permission to launch his own legal challenge, arguing his inability to perform same-sex ceremonies breaches his community鈥檚 religious freedoms. /ee

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