Hong Kong's top court orders government to recognize overseas same-sex marriage in landmark case

Hong Kong’s government will have to set up a new legal framework to recognize same-sex marriage registered overseas, its top court ruled Tuesday, ending a five-year legal battle. The decision is the latest in a series of cases in recent years that have pushed the city towards accepting the LGBTQ+ community.

In the landmark court ruling, a majority of the judges at the city's Court of Final Appeal declared the government is in violation of its obligation to legally recognize same-sex partnerships and would have to do so to dispel "any sense that they belong to an inferior class of persons whose relationship is undeserving of recognition." The court gave the government two years to comply or submit a new rule.

Same-sex couples in Hong Kong need "access to an alternative legal framework in order to meet basic social requirements," Justice Patrick Keane wrote in a decision also signed by Chief Justice Andrew Cheung, and Justices Roberto Ribeiro, Joseph Fok, and Johnson Lam. 

The justices added: "The absence of legal recognition of their relationship is apt to disrupt and demean their private lives together in ways that constitute arbitrary interference."

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Currently, Hong Kong only recognizes same-sex marriage for select purposes including taxation, civil service benefits and dependent visas. Most of these concessions were recently adopted as Hong Kong, which officially operates as a special administrative state under Chinese rule, has seen a growing social acceptance of same-sex marriage.

The case was prompted by Jimmy Sham, a prominent activist in the city, who married his husband in New York in 2013. Sham has repeatedly requested a judicial review of Hong Kong's laws pertaining to same-sex marriage, most of which have failed. 

In 2018, he began arguing Hong Kong’s refusal to accept same-sex marriage legitimized by a foreign government was in violation of the constitutional right to equality. The lower courts had dismissed his challenges.

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Sham, a 36-year-old former convenor of Civil Human Rights Front, has been in custody since March 2021 following a protest where nearly 50 people were charged under a Beijing-imposed national security law.

Esther Leung, the campaign manager of the Hong Kong Marriage Equality group, called the decision a "major step forward" but said, "it falls short of what is really at stake in this case: full inclusion in marriage," according to Reuters.

The court’s ruling was only a partial win for Sham as the justices unanimously dismissed his appeal on other grounds. They also reaffirmed Hong Kong's mini-constitution, called the Basic Law, only formally recognized heterosexual marriage.

The ruling will likely have a major impact on the city’s social acceptance of LGBTQ+ relationships.

The Associated Press contributed to this report.

Musician Gary Wright dead at 80 after battling Parkinson's, Lewy body dementia

Singer Gary Wright died at 80 years old on Monday after years of health issues, according to his family.

Wright's son, Justin Wright, told TMZ that the musician died Monday morning at his home in Palos Verdes Estates, California, with his family and loved ones by his side.

The singer-songwriter was diagnosed with Parkinson's Disease more than five years ago and, shortly after that diagnosis, also learned he had Lewy body dementia. Wright's Parkinson's worsened over the past year and ultimately prevented him from speaking or moving around on his own, according to his son.

Nurses working in Wright's home told the family in recent days that he was entering his final stage, per the TMZ report.

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Wright, who produced 12 different albums dating back to 1970, is best known for two songs he released in the mid-1970s – "Dream Weaver" and "Love is Alive." He is also known for his musical work with former Beatle George Harrison.

Contributing to Harrison's album "All Things Must Pass" as the keyboardist, Wright also collaborated on some of Harrison's solo songs and Harrison returned the favor by contributing to Wright's album "Footprints."

On top of his work with Harrison, Wright was also a member of Ringo Starr’s All Starr Band. He toured with the group in 2008, 2010 and 2011.

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Wright was also a child actor, having performed in the Broadway production of "Fanny" with future "Brady Bunch" star Florence Henderson.

The musician is survived by his wife, Rose, and his two sons from his first marriage, Justin and Dorian.

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