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November 20, 2019
Controversies Surrounding Same-Sex Marriage and Homophobia in Hong Kong
Controversies continue to face the issue of same-sex marriage, especially after the ban by Hong Kong’s government. In its defense, the administration argues that legalizing same-sex marriage will not only dilute and diminish the marriage institution but also eliminate the aspect of the institution being special (Batchelor). These controversies come in the wake of an ongoing court over laws banning same-sex couples from entering into marital unions as well as increased homophobia for same-sex couples. Therefore, looking at the current court cases where the ban of same-sex marriages has been argued unconstitutional, homophobia as well as the divergent views regarding same-sex marriage, it is evident that there exist controversial issues that surround the issue of same-sex marriages in Hong Kong.
The first instant of controversy has been seen in the argument by the government in the case presented by a little-known woman by the name MK, who argues that it is unconstitutional o ban her from marrying her girlfriend (Batchelor). In response, government lawyer Stewart Wong defends the Hong Kong law stating that it inappropriate to consider all cases of discrimination unlawful, and thus, the court should not treat such unequal cases the same (Batchelor). According to the Hong Kong government, treating same-sex unions as marriage will undermine not only the traditional marriage institution but also the families arising from such unions (Batchelor). The argument by the Hong Kong government contravenes the legalization of homosexuality in 1991, leaving behind the recognition of same-sex marriages that would arise thereafter (Reuters). Furthermore, the overturning of two instances where the government has been on the receiving end for discriminating same-sex unions shows the extent of indecisiveness on whether to completely ban or accommodate the LGBT+ couples in the Hong Kong society. For instance, overturning the decision to deny a woman in a same-sex marriage a visa by the court as well as that of banning an advert featuring same-sex marriages shows how the law contradicts the dictates of the society and how such confusions further the controversial issue.
The extension of limited recognition and protection for LGBT+ couples by the Hong Kong government in the year 2009 furthers the controversies behind this issue. The proposal of laws allowing same-sex unions to some extent while discriminating against them makes it harder to understand the stand of Hong Kong regarding this issue. Besides, Hong Kong Chief Executive indicated that there were no plans by her government to approve same-sex marriages in 2018 despite a landmark ruling by the court in favor of same-sex couples that had faced discrimination from the government. Despite the government’s respect for the court ruling, Carrie Lam indicated that the case by MK was against the City’s Immigration policy but not Hong Kong’s Marriage Ordinance and thus reiterated her stand that the government had not intentions of allowing same-sex marriages any time soon (Reuters). Such stands by the government, despite court rulings, continue to make the issue more controversial.
Moreover, not only has the issue of same-sex marriage brought about legal and moral controversies, but it also led to increased homophobia against LGBT+ couples. In recent years, for instance, there have been instances of both the government and the society subjecting LGBT+ couples to ridicule and unjust treatments. Among the cases explicit of homophobia against these couples was evidenced in July 2018 when the government banned ten children books with LGBT themes from public libraries, and thus, visitors had to ask for permission from the librarian to access the books (Batchelor). Besides, the government also went further to ban the book about two penguins who hatch an egg and raise a youngster, a clear indication that they were not only against the LGBT+ couples but any content that advocated for such practices in the society. Additionally, the government went further to subject same-sex couples to homophobia when they denied a woman in the same-sex civil partnership a visa, a decision that was later overturned by the court (Reuters). Similar, homophobia was also evidenced at the Hong Kong airport, where an advert featuring same-sex couples was banned, leading to heightened criticism and the subsequent reversal of the ban by the Airport as well as the MTR subway system (Batchelor). To echo the extent of discrimination faced by same-sex couples, Amnesty International noted that gay people in Hong Kong face discrimination in all walks of life and thus propose the enactment of a law barring such practices of discrimination.
However, the controversy behind the issue of same-sex unions is misplaced. Looking at the societal norms and the existing Hong Kong laws on marriage, same-sex marriage is not only punishable by life imprisonment but also goes against the moral standards of Hong Kong. Despite being cognizant of the fact that no person should face discrimination based on their gender sexual orientation as well as who they fall in love with, it is crucial for the government as well as other stakeholders in this issue to take into consideration the need to protect the morality of their society whereas taking into account the changing world we live. For instance, a study by Yeo and Chu examining the attitudes on social acceptance, discrimination protection, and marriage equality for the LGBT+ indicated that a majority of the population in Hong Kong endorses homosexuality and discrimination protection for the LGBT+ individuals (1372). With a 52.9% support against 34.12% opposition, the law needs to consider upholding and protecting homosexuals as the society has started integrating the changes into their lives (Yeo and Chu 1372). On the other hand, Yeo and Chu tested the attitudes of the Hong Kong society towards the LGBT+. They found out that a vast majority of 39.41% opposed homophobia against the same-sex couples with only 32.79% of the sampled people advocating for their discrimination (1372). Besides, with 83.5% of the sampled population accepting the LGBT+ as coworkers, 76.92% as friends and 40.19% as relatives indicates the shifting perception of same-sex marriage (Yeo and Chu 1372). Despite the findings that having many bisexual/homosexual friends and co-workers not resulting in same-sex marriage endorsement, the aspect contributed to an improved support of social approval, acceptance, and discrimination protection. Other areas that were noted to determine the levels of homophobia against same-sex marriage were age, political orientation, and religion, while varied impacts were noted with gender-roles, conformity to norms, and cultural orientations.
Conclusively, it is clear that the issue of same-sex marriages continues to pose controversy within the society in Hong Kong. With the strong stands by the government against the legalization of same-sex marriages, the frustrations of the government by the courts regarding matters of discrimination of the LGBT+ individuals to the changing views of the society on how to perceive same-sex unions, controversies continue to overwhelm this issue. Despite the need to conform to the norms of Hong Kong society, there is a need for the government to reconsider its stand on this controversial issue to realize a lasting solution. This is because it is against human rights to discriminate against an individual based on their sexual orientation, gender, or who they fall in love. As a result, conduction of studies that will give an overview of the societal perception of same-sex marriages like the one done by Yeo will go a great way in understanding the society and come up with legislations that will conform with their expectations. Such an understanding will help in deciding the best way to tackle this issue without violating the morals and rights of Hong Kong people.
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Works Cited
Batchelor, Tom. “Marriage ‘no Longer Special? if Gay People Allowed to Wed, Says Hong Kong Government.” The Independent, 30 May 2019, www.independent.co.uk/news/world/asia/gay-marriage-hong-kong-same-sex-lgbt-rights-wedding-a8936806.html.
Reuters. “Hong Kong Court Upholds Ban on Same-sex Marriage.” NBC News, 18 Oct. 2019, www.nbcnews.com/feature/nbc-out/hong-kong-court-upholds-ban-same-sex-marriage-n1068631.
Yeo, Tien E., and Tsz H. Chu. “Beyond Homonegativity: Understanding Hong Kong People’s Attitudes About Social Acceptance of Gay/Lesbian People, Sexual Orientation Discrimination Protection, and Same-Sex Marriage.” Journal of Homosexuality, vol. 65, no. 10, 2017, pp. 1372-1390.
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