A pivotal legal battle is unfolding in Hong Kong as pro-democracy activist Jimmy Sham appeals to the city's highest court for recognition of his same-sex marriage, registered overseas. This landmark case holds significant implications for LGBTQ+ rights and Hong Kong's image as an inclusive global hub.

Sham, currently detained under national security charges related to the 2019 protests, initiated this legal challenge five years ago, arguing that Hong Kong's laws, which do not recognize foreign same-sex marriages, infringe upon his constitutional right to equality. Lower courts have previously dismissed his claims, but this final appeal represents a crucial moment for LGBTQ+ rights in the city.

The court's decision will have far-reaching consequences, impacting the lives of many within the LGBTQ+ community and potentially influencing Hong Kong's reputation as a welcoming place to live and work. At present, the city only acknowledges same-sex marriages for specific purposes like taxation, civil service benefits, and dependent visas, many of these concessions resulting from prior legal challenges.

The central questions before the court revolve around whether excluding same-sex couples from marriage and failing to provide alternative legal recognition for same-sex partnerships violate the right to equality guaranteed by Hong Kong's constitution. The judges must also determine if the non-recognition of foreign same-sex marriages constitutes a breach of this constitutional right.

Jimmy Sham (center) arrives at the Court of Final Appeal in Hong Kong on June 28, 2023. (AP Photo/Louise Delmotte)

During the hearing, Sham's lawyer argued that the lack of same-sex marriage in Hong Kong sends a message that such unions are less valuable than heterosexual marriages. The government's lawyer countered that the constitution guarantees access to marriage solely for heterosexual couples.

Sham and his husband married in New York in 2013, but were unable to marry in Hong Kong due to existing legal restrictions. A 2020 ruling declared their marriage invalid in Hong Kong because the city's laws do not permit same-sex marriage. A subsequent appeal by Sham was also dismissed last August.

Beyond his marriage case, Sham is a well-known figure in Hong Kong, having served as the convenor of the Civil Human Rights Front, a group instrumental in organizing major political protests, including the annual July 1st march commemorating Hong Kong's handover to China. The group disbanded in 2021 amid a police investigation under the national security law.

This case follows a recent victory for the transgender community in Hong Kong, where the top court ruled that full sex reassignment surgery is not required for gender changes on official identity cards. The outcome of Sham's appeal is eagerly awaited as another potential milestone in the fight for LGBTQ+ rights in the city.