Hong Kong court says redefining marriage is beyond its authority

Hong Kong, China, Oct 18, 2019 / 12:54 pm (CNA).- A court in Hong Kong has ruled against the recognition of same-sex partnerships, upholding the government’s policy of not recognizing same-sex marriage or civil unions.

The court’s review stemmed from a petition that a Hong Kong woman filed in June 2018, asking to enter into a legally recognized civil union with her female partner.

Hong Kong’s Court of Final Appeal had ruled in July 2018 that foreign same-sex couples who have been married elsewhere are entitled to to spousal visas.

According to the New York Times, Judge Anderson Chow Ka-ming wrote Friday that “updating” the definition of marriage to include same-sex couples would lead to “far-reaching consequences” that the court was not prepared to accept.

According to The Standard, the judge noted that the territory’s Legislative Council is free to enact new legislation to legalize same-sex unions, or provide an alternative such as civil unions. But that decision would be beyond the court’s scope of power, he said.

Hong Kong Chief Executive Carrie Lam in July 2018 said that the Hong Kong government has no plans to amend the law and approve same-sex marriage in the near future, and reiterated her position in March 2019.

Hong Kong is a special administrative region of China, which also does not recognize same-sex marriage.

In May of this year, the Parliament of Taiwan legalized same-sex unions, the first Asian country to do so.

Taiwan’s constitutional court had in 2017 ruled that same-sex couples had the right to legally marry, and lawmakers were given a two-year deadline to draft legislation.

The people of Taiwan voted against the recognition of same-sex marriage in the country’s civil code in a series of referendums in Nov. 2018. Despite this, the government passed a special law recognizing same-sex marriages while leaving the definition of marriage in civil law unchanged.

Cardinal John Tong, leader of the Catholic Church in Hong Kong, has in the past called on Catholics to consider candidates’ views on sexual morality when electing lawmakers.

The Diocese of Hong Kong has not yet commented on the most recent court ruling.