China: Discrimination against same-sex couples must come to an end

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09/15/2019

Despite government commitment to equal opportunities for all, many discriminatory practices are still entrenched by policies and legislation. More often than not, the court needs to step in to speed up necessary overhaul, as in the case with the victory of the fight for same-sex spousal benefits and joint taxation assessment by a gay civil servant. While it has been years since the legal battle first came to light, reform and compliance remain awfully slow. In a postscript to the landmark ruling handed down in June, the Court of Final Appeal told the government to backdate the benefits by two years, when senior immigration officer Angus Leung Chun-kwong won the first challenge in a lower court. The government took the case to the Court of Appeal and won last year, but the ruling was overturned by the highest court. Separately, the Inland Revenue Department has been given six months to deal with the necessary changes. The “marriage” in tax law is to include same-sex marriage registered overseas. Any references to “husband and wife” shall become a married person and his or her spouse.

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