Hong Kong Lawmakers Reject a Bill Recognizing Same-Sex Partnerships

HONG KONG (AP) — Hong Kong lawmakers on Wednesday voted down a bill that would have granted recognition to same-sex partnerships in the Chinese city, despite the rights offered being limited, in a major setback to the LGBTQ+ movement.

The Registration of Same-Sex Partnerships Bill, unveiled in July, stemmed from one of the legal victories that pushed the government to offer more equal rights to gays and lesbians. However, the bill met fierce opposition from lawmakers, even though it followed the top court’s 2023 ruling that the government should provide a framework for recognizing such relationships.

The staunch opposition from lawmakers was a rare sight since the government overhauled its electoral rules that effectively filled the legislature with Beijing loyalists. It was the first government bill to be voted down since the overhaul.

Resistance in the legislature

The bill proposed to allow residents who have already formed unions overseas to register their partnerships locally and grant them rights in handling medical and after-death matters for their loved ones. That includes the ability to access their partners’ medical information and participate in medical decisions with consent, and claim their deceased partners’ remains.

Some lawmakers suggested using individual policies or administrative measures to resolve the challenges facing same-sex couples, instead of through such legislation. Others insisted voting down would not amount to a constitutional crisis and would instead show the legislature is not a rubber stamp.

Lawmaker Holden Chow from the city's biggest pro-establishment party said that the bill's passage would mean opening “a Pandora's box,” and “subverting Hong Kong’s marriage system between one man and one woman.”

Another legislator, Junius Ho, said the bill would cause the entire society to become restless for the sake of a small group of people.

Outside government headquarters near the legislature, two women laid out a banner promoting the traditional marriage system.

Many gay rights advocates were unhappy that the rights would only be available to those who registered their unions overseas, and would be limited. But some pragmatically supported and rallied for its passage.

Last Friday, Hong Kong Marriage Equality, a nongovernmental organization, warned in a statement that rejecting the bill would undermine the city’s commitment to fairness and inclusivity. It would also send a wrong signal to the international community, it said.

It argued that the results of public opinion submissions — which the government previously reported as 80% opposing the bill — did not accurately reflect public sentiment. It noted that about half of the publicly viewable submissions against the bill used standardized templates, which suggested “strong mobilization by specific groups.”

Next steps are uncertain

Hong Kong's top court in 2023 ruled that the government should develop a framework for recognizing same-sex partnerships by October. It is unclear what the government’s next steps could be after the vote.

Surveys showed 60% of respondents supported same-sex marriage in 2023, up from 38% in 2013, according to a report by researchers from three universities.

The growing acceptance came as multiple legal challenges won more equal rights for same-sex couples, ranging from dependent visas to subsidized housing benefits. On Tuesday, the Court of First Instance ruled in favor of a lesbian couple’s parental recognition of their son born through reciprocal in vitro fertilization.

In a previous legislative debate, Solicitor General Llewellyn Mui stated that even if the bill is rejected, the court ruling would remain valid in principle, and the government would be duty-bound to fulfill its obligations to the best of its ability.

The government previously said its proposal represents the “greatest common denominator” deemed acceptable to the public and that the framework would not be equal to marriage. It argued that requiring overseas registration would provide an objective way to verify committed partnerships.

Ahead of the vote, Amnesty International Hong Kong Overseas and 30 rights groups from across Asia have called on the government to disclose a contingency plan if the bill is not passed before the top court’s deadline and introduce a revised proposal without delay.