HONG KONG — 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 stating the government should provide a framework for recognizing such relationships and giving it two years to work out a solution.
Out of the lawmakers who attended the meeting, 71 voted against the bill, 14 approved it and one abstained.
The staunch opposition from lawmakers was a rare sight despite the Chinese government’s overhaul of the electoral rules of the territory that effectively filled the legislature with Beijing loyalists. It was the first government bill to be voted down since the overhaul.
The bill had 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 included 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.
PHOTOS: Hong Kong lawmakers reject a bill recognizing same-sex partnerships
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.
Lawmaker Regina Ip, who supported the bill, likened it to a “minimum spending” requirement, given the rights offered were limited.
Outside government headquarters near the legislature, two women laid out a banner supporting the traditional marriage system.
Many gay rights advocates in Hong Kong were already unsatisfied with the proposed bill as its proposed registration system was only eligible to those registered overseas unions, but they still expressed frustration over its rejection.
Activist Jimmy Sham, whose legal challenge won the 2023 top court ruling on same-sex partnerships, told reporters after the vote he had expected the outcome, saying he hoped the government would pass in the future legislation that fulfills its constitutional duty toward the LGBTQ+ community.
“I hope today marks a beginning we haven’t yet stepped into, rather than an end,” he said, adding he would study how to follow up on the matter with his legal team.
Nick Infinger, who had won a separate legal challenge to seek equal rights for same-sex couples, was also let down by the results, but said it was important to keep living one’s life with love.
“Just do not give up,” he said.
Hong Kong Marriage Equality, a nongovernmental organization that focuses on fair treatment for same-sex couples, said the rejection sent a troubling signal to local and international communities that “court rulings may be disregarded and the dignity of individuals overlooked.”
It earlier 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.”
Hong Kong’s top court in 2023 ruled that the government should develop a framework for recognizing same-sex partnerships by October.
Erick Tsang, the secretary for constitutional affairs, told reporters that while the government felt disappointed with Wednesday’s outcome, it would respect the lawmakers’ decision when they said the bill didn’t reflect the current mainstream opinion in society.
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.
Tsang said the administration won’t ask the top court not ask for an extention for the two-year deadline, but his team will further discuss with the Department of Justice how to move forward.
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.
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.
