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A Hong Kong court upholds a ruling in favor of equal inheritance rights for same-sex couples

A Hong Kong court upholds a ruling in favor of equal inheritance rights for same-sex couples

CTV
Tuesday, October 24, 2023 12:58 PM GMT

A Hong Kong court on Tuesday upheld a ruling that favored the granting of equal inheritance rights to same-sex couples, in the latest victory for the city's LGBTQ+ community.

A Hong Kong court on Tuesday upheld a ruling that favored the granting of equal inheritance rights to same-sex couples, in the latest victory for the city's LGBTQ+ community.

The decision by the Court of Appeal rejected the government's motion against the ruling that said the differential treatment facing same-sex married couples under two inheritance laws in the city constitutes unlawful discrimination.

Justice of Appeal Thomas Au wrote that it is "an unacceptably harsh burden" on Hong Kong same-sex couples married overseas given the denial of entitlements under the laws.

"The differential treatment based on sexual orientation is apparent," his colleague, Justice of Appeal Peter Cheung, wrote in his judgment.

Currently, Hong Kong only recognizes same-sex marriage for certain purposes such as taxation, civil service benefits and dependent visas. Many of the government's concessions were won through legal challenges in recent years as the city has seen a growing social acceptance of same-sex marriage.

The ruling is a victory for the city's LGBTQ+ movement and is expected to have a strong impact on the lives of same-sex couples from Hong Kong who married overseas.

Last week, the same court upheld two earlier rulings that supported the granting of subsidized housing benefits to same-sex married partners. In September, the city's top court ruled in a landmark decision that the government should provide a framework for recognizing same-sex partnerships.

Read full story on CTV
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