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Hong Kong society
Opinion
Cliff Buddle

My Take | Government must go back to drawing board on rights of same-sex couples

Vote by lawmakers is far from the end of the matter, which will not go away and only lead to more legal challenges in an international city that presents itself as inclusive, vibrant and diverse

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An LGBTQ couple along the Tsim Sha Tsui Promenade. File photo: Shutterstock

A court ruling in favour of a three-year-old boy, whose parents are both women, highlighted the practical difficulties faced by Hong Kong’s same-sex couples last week and broke new ground in upholding their rights.

The government had refused to allow both lesbian mothers of the child to be recorded as parents on his birth certificate. One of them was excluded. This was ruled by the court to be unlawful, as it breaches the little boy’s privacy and family rights.

It is the latest in a long line of judgments, based on decency and dignity as well as the law, which have struck out such discriminatory practices and safeguarded rights.

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But any excitement in the LGBTQ community resulting from that ruling quickly deflated on Wednesday when the legislature voted down a game-changing government bill that would have established the city’s first legal framework for the recognition of same-sex relationships.

It was a disappointing outcome, undermining Hong Kong’s efforts to present itself to the world as an increasingly inclusive, vibrant and diverse international city.

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A scheme of this kind, which would, at last, have provided loving and committed same-sex couples with a few basic rights, is required by law. The city’s top court gave the government two years, in 2023, to put a framework in place. It has until October 27.

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