Hong Kong’s Court of First Instance today began hearing what may prove to be a landmark case seeking civil partnership rights for same-sex couples.
The case, brought by a lesbian identified only as MK, argues that the inability of same-sex couples to enter into a legally recognized civil partnership infringes upon their right to equality before the law as enshrined in Hong Kong’s Bill of Rights and Basic Law.
MK’s lawyers told the court today that merely citing tradition was insufficient grounds for denying same-sex couples the right to enter into civil partnerships, adding that tradition could be used to justify any number of undesirable practices, Gay Star News reports.
According to HK01, the plaintiff’s team argued that it was not necessary for the court to consider social or religious implications, as the right to form a civil partnership was a legal one, and the law should protect the freedom of the minority.
Today’s hearing has been a long time coming. The existence of MK’s case was first revealed back in August at a preliminary hearing at the High Court. At that hearing, the government, which is the respondent in the case, asked the court to grant it more time to accept input from all 13 government departments, all of which would potentially be affected by the ruling, it said.
The case is also likely to have far-reaching consequences. Two other cases with similar aims are also before the courts, but were postponed by a judge until the issues at hand in MK’s case are ruled upon.
Indeed, MK’s gambit may be a risky one due to the fact that precedent in favor of same-sex partnerships hasn’t had time to accumulate, as it had in other countries that ultimately legalized same-sex marriage. Prominent lawyer Michael Vidler, who has himself litigated many of Hong Kong’s significant LGBT cases, told the South China Morning Post in August that he worried the MK case might be premature.
“If this challenge fails it would set a bad precedent that will take many, many years to overcome,” he said.
Hearings are set to resume on Wednesday.
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