Adams, Scott Paul
Leung Chun Kwong v Civil Service & Inland Revenue
HK Court of Final Appeal, 6-Jun-2019
In a victory for common sense, Mr Leung, a gay man legally married overseas, wins. The CFA unanimously overturns the Court of Appeal, which found that the "prevailing views of the community on marriage" was relevant. In a nutshell, the whole point of prohibiting discrimination against minorities is to prevent the majority view (if there is one) from trampling over their rights. The CFA also held that there was no rational connection between denying Leung his employment benefits and joint taxation and protecting the institution of heterosexual marriage (if that is a legitimate aim).
HK Court of Final Appeal, 6-Jun-2019
In a victory for common sense, Mr Leung, a gay man legally married overseas, wins. The CFA unanimously overturns the Court of Appeal, which found that the "prevailing views of the community on marriage" was relevant. In a nutshell, the whole point of prohibiting discrimination against minorities is to prevent the majority view (if there is one) from trampling over their rights. The CFA also held that there was no rational connection between denying Leung his employment benefits and joint taxation and protecting the institution of heterosexual marriage (if that is a legitimate aim).
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