An attempt by the government to deny same-sex married couples the ability to rent and own public housing was rejected by a Hong Kong court on Tuesday, citing the move's "discriminatory in nature" and total rejection of such couples' rights.
The Court of Appeal's decision in Hong Kong is the most recent in a string of victories for homosexual rights in the world's financial center this year, according to NBC News.
The city's housing authority's decision to bar same-sex couples who wed overseas from public housing was deemed "unconstitutional and unlawful" by the High Court twice, and the government had appealed both decisions.
Due to current regulations, same-sex couples must apply for public housing separately, which calls for a lengthier waiting period. Additionally, they are not permitted to add tenants or join as joint tenants in HOS units without paying a surcharge.
A Series of Denials
Two cases were included in the appeal; in one, a permanent resident's application to rent a public apartment with his spouse was denied by the authority because their marriage in Canada was not recognized in Hong Kong.
In the other, a same-sex couple was refused permission to co-own a government-funded apartment by the authorities because their marriage in Britain was not recognized in Hong Kong.
In a written decision, Justices Thomas Au, Aarif Barma, and Jeremy Poon of the Court of Appeal said that the authority's treatment of homosexual married couples was "discriminatory in nature" and that they should be given equal treatment.
Henry Li, one of the individuals engaged in the second case, expressed his satisfaction with the decision in a Facebook post.
The verdict was praised by the civil rights organization Hong Kong Marriage Equality, which stated that it had demonstrated "that discrimination and unequal treatment on the basis of sexual orientation has no place in public policy decisions."
Read also: Church Youth Concert in South Korea Cancels LGBTQ Festival
Making an Impact
In a ruling rejecting same-sex marriage in September, Hong Kong's top court agreed that same-sex couples needed "access to an alternative legal framework in order to meet basic social requirements."
Two years were provided to the government to develop the framework.
A married lesbian couple who contended that both women should have parental rights over their child conceived through reciprocal IVF won the case in September in a Hong Kong court.
Asia-wide reform efforts are being closely watched by activists in the hopes that Hong Kong's court decisions would have an impact abroad.
On Tuesday night, the Housing Authority stated that it was reviewing the judgment and will take further action if needed.
It stated that it has received two requests from same-sex spouses-one for public rental accommodation and the second asking to include their partner as a family member in a subsidized selling property.
Related article: Hong Kong Court Calls for More Legal Protections for Same-Sex Unions
