Hong Kong court favors gay couple in landmark victory for LGBT+ rights

BANGKOK - Hong Kong's top court on Thursday ruled in favor of a gay civil servant fighting for spousal and tax benefits for his husband in the latest legal victory over equal rights for same-sex couples in a city where gay marriage is banned.

Leung Chun Kwong, an immigration officer who married his husband Scott Adams in New Zealand, went to court in 2017 against the Civil Service Bureau that refused to grant benefits to his husband, and for the right to file taxes jointly.

After a lower court partially ruled in Leung's favor, the government filed an appeal and a higher court last year overturned the judgment. Leung appealed to the Court of Final Appeal which ruled unanimously in his favor on Thursday.

The court said while the protection of the institution of marriage as defined by Hong Kong's laws is a "legitimate aim", the government "failed to justify the differential treatment" which amounted to discrimination.

The city defines marriage as between a man and a woman, but the court said the prevailing views on marriage were not a "relevant consideration" and could not be a reason to reject a minority's claim to fundamental rights.

The ruling is a "huge step forward for equality in Hong Kong", said Man-kei Tam, director of human rights group Amnesty International in Hong Kong.

"This victory brings Hong Kong more in line with its international obligation to respect, protect and fulfill the rights of people with different sexual orientations," he said.

Homosexuality has been decriminalized since 1991 in Hong Kong, a former British colony that returned to Chinese rule in 1997. The city has an annual pride parade and lively gay scene.

It does not, however, recognize same-sex marriage and LGBT+ activists voice concerns about widespread discrimination.

Taiwan last month became the first place in Asia to legalize same-sex marriage after a long struggle but the push for LGBT+ rights is slow elsewhere in Asia.

A global outcry forced Brunei to recently back down on plans to impose the death penalty for gay sex and adultery.

A survey last year by the University of Hong Kong showed more than half respondents in the city backed same-sex marriage.

But rights are only won through court battles, said Tommy Chen, a spokesman for LGBT+ activist group Rainbow Action.

Earlier this year, two gay men launched separate legal bids to overturn Hong Kong's ban on same-sex marriage.

Last September, the Hong Kong government said it would recognize overseas same-sex partnerships when granting dependent visas after a British lesbian won a court battle triggered by being denied a spousal visa.

"Until the government ends discrimination on the grounds of sexual orientation, (court action) is the only option," Chen said. 

source: news.abs-cbn.com

Japanese same-sex couples to sue gov't over marriage equality

Ten Japanese same-sex couples will jointly file a suit against the government next February for not recognizing marriage equality, their lawyers said Friday.

The couples argue that the government's position on same-sex marriage flouts equality under the law and freedom of marriage as protected in the Japanese Constitution.

The couples, who are seeking compensation, will file the suit in district courts throughout the country, including Tokyo and Nagoya.

Article 24 of the Constitution says, "Marriage shall be based only on the mutual consent of both sexes."

The government has indicated that it interprets this to apply only to heterosexual couples while the lawyers working for the couples argue that some legal scholars do not see it as prohibiting same-sex marriage.

The government also argues that the term "husband and wife" used in the civic law and the family registration law indicates a man and a woman, and thus cannot accept marriage applications from gay and lesbian couples.

Marriage equality has already been legalized in other parts of the world. The Netherlands was the first to do so in April 2001, followed by other European nations. Taiwan will be the first in Asia to join them next May.

"We want our call to be widespread so that the freedom to marry will be recognized for everyone," said Shinya Maezono, one of the lawyers.

source: news.abs-cbn.com

Pacquiao: I’m not against gays, just their acts

MANILA -- Boxing champ and senatorial candidate Manny Pacquiao clarified that he has nothing personal against the lesbian, gay, bisexual, and transgender (LGBT) community.

In a lengthy interview on DZMM’s "Pasada Sais Trenta" on Wednesday, Pacquiao again apologized for his controversial statements describing couples in same-sex relationships as worse than animals.

But he maintained that he opposes the idea of members of the same-sex living together and getting married as it is “detestable in the eyes of God.”

"Ang pagsasama at pagtatalik ng parehong kasarian, 'yan po ay detestable in God's sight. That's what happened to Sodom and Gomorrah, kung bakit ginunaw ng Panginoon ang Sodom and Gomorrah,” Pacquiao said.

“Ang marriage, napaka-sagrado po 'yan, importante 'yan sa mata ng Panginoon. For me you're insulting God, if you're doing that (homosexual acts).”

This doesn’t mean, however, that he is condemning homosexuals, he said, pointing out that he has a gay nephew and that he is strongly supported by the LGBT community in his constituency in Sarangani province.

“Sa totoo lang po, ang dami kong LGBT na mga scholars, more than 100-200. So ‘di ko kinokondena ang mga LGBT. ‘Yung gagawin, ‘yung [sexual] act ang ayaw na ayaw ko,” he explained.

But according to Bemz Benedito of Ladlad Partylist, Pacquiao never supported gay rights even while serving as a congressman.

In a separate interview, Benedito said the Sarangani congressman never attended committee deliberations where proposals like the Anti-Discrimination Bill were tackled.

“With all due respect to him, apat na beses lang po siyang pumasok sa Kongreso at hindi po siya uma-attend sa committee deliberations,” said Benedito. “Sana kung nandoon siya, napakinggan niya kung ano ang mga suliranin ng mga LGBT, ang daming nadidiscriminate on a day-to-day basis.”

As a result of Pacquiao’s statements, Benedito said they will also be campaigning against the boxing superstar.

“Dalawa na sa mga kaalyado natin na superstars, si Vice Ganda at si Boy Abunda, ang nagsabi na hindi po siya iboboto at i-encourage ang kanilang mga kaibigan, kapamilya,” he said.

“Ganun din po ang aming gagawin. Bababa kami sa mga provincial captain, coordinators, members. Ito po ay ica-cascade namin na dapat, knockdown na sa aming mga balota, hindi na po dapat suportahan. Ikakampanya din namin po saaming mga pamilya, mga kaibigan dahil masyado na pong naging masakit ang mga statements niya,” he continued.

Despite the threat, Pacquiao refused to back down.

“I don't want to compromise naman kung iyan ang desisyon nila. Pinaliwanag ko ang side ko but I dont' want to compromise my belief and faith to the Lord,” the two-term congressman said.

“I don't want to compromise 'pag mali io-OK ko na para maboto ako, no. Para sa akin kung ganun ako sa sarili ko, may hidden agenda.”

source: www.abs-cbnnews.com

Slovenians reject same-sex marriage law in low-turnout referendum

LJUBLJANA - More than 60 percent of Slovenians voted against extending marriage to same-sex couples in a referendum Sunday marked by low turnout, according to near-complete results from the electoral commission.

The outcome marked a setback for activists who had hoped to see the largely Catholic nation become Europe's first ex-communist country to give same-sex couples the right to marry and adopt.

With more than 99 percent of ballots counted by 10 pm (2100 GMT), 63.42 percent of voters said 'no' to approving the legislation, which already passed in parliament earlier this year.

More than 1.7 million people were registered to vote on an issue that has stoked heated debate in the former Yugoslav republic, but turnout was low at just 35.65 percent.

For the outcome to be legally valid, opponents of the law needed to muster the support of at least 20 percent of registered voters -- the equivalent of at least 342,000 votes. They ended up garnering 389,115, the commission said.

In March, parliament approved legislation redefining marriage as a "union of two" instead of a "union of a man and a woman", granting same-sex couples the same rights as their opposite-sex counterparts, including the right to adopt children.

But opponents immediately launched a campaign to reverse the changes, meaning the legislation never came into force and no same-sex couples were able to tie the knot.

A group called "Children Are At Stake" managed to gather the 40,000 signatures necessary to force a referendum.

Even Pope Francis waded in, urging Slovenians to defend traditional family values.

He said last week he encouraged "everyone, especially those with public responsibility, to support the family, a structural reference point for the life of society".

Same-sex marriage has already been legalised in 18 countries, including 13 in Europe. Ireland last May became the first to approve gay marriage through a referendum.

"I voted yes. Love is love, regardless of everything," said a 24-year-old woman called Ida in the southwestern port city of Koper.

- 'Marriage yes, adoption no' -

The issue had proved divisive among Slovenians, especially concerning adoption.

On the wall of a church centre near one polling station, someone had scrawled: "Would you take a homosexual donor's blood to save your child?"

Another pensioner said while gay couples should be given equality as far as marriage was concerned, that should not include the right to adopt children.

"They are people like us, they should be given all rights, but not (the right to adopt) children," said 76-year-old Ema.

"It has to end with a 'no'," she said.

Slovenian voters already rejected gay marriage once before, in a 2012 plebiscite.

Sunday's renewed rejection means the civil code will revert to limiting marriage to strictly between male and female couples, and parliament may not propose any new measures seeking to introduce same-sex marriages for the next 12 months.

Existing legislation which allows registered civil partnerships but not adoption will remain in force.

Slovenia has long been ahead of its peers, joining the EU in 2004 -- nine years before neighbouring Croatia -- and the eurozone in 2007 as its first ex-communist member, but its society retains a strong traditionalist streak.

Both Slovenia's president and prime minister had backed the 'yes' camp in the referendum.

Violeta Tomic, a lawmaker from the leftist United Left party that had first proposed the same-sex law, vowed to keep up the fight despite Sunday's setback.

"We'll go on, we won't give up... Human rights were not a gift, they had to be fought for."

source: www.abs-cbnnews.com

Gays hail Mexico court's marriage ruling

MEXICO CITY, Mexico - Mexico's gay and lesbian community is celebrating a key ruling by the Supreme Court that opens the door to same-sex marriage throughout the country.

The top court's decision brings Mexico closer to a small group of Latin American nations -- Argentina, Brazil and Uruguay -- that allow gay marriage.

The ruling, which was quietly issued on June 3 and only became known on Friday, says that it is unconstitutional for Mexican states to ban same-sex marriage.

While the "jurisprudence" issued by the court does not oblige states to change their laws, it requires courts to rule in favor of same-sex couples whose marriages were rejected.

"It is a very important step forward for us because it involves access to rights and it's a decision that paves the way for a cultural change, for diverse families to be more visible," Tania Leon, a member of the Fundacion Arcoiris gay rights group, told AFP.

"There is still much to do," Leon said, because gays and lesbian still the targets of discrimination.

Mexico City made history when it legalized same-sex marriage in 2007.

It was followed by the states of Quintana Roo and Coahuila, but Mexico's 29 other federal entities define marriage as a union between a man and a woman.

The Supreme Court ruled: "Seeking to link the requirements for marriage to sexual preference... to procreation is discriminatory, because it unjustifiably excludes from marriage homosexual couples that are in similar condition as heterosexual couples."

The nation's top tribunal has chipped away at laws banning gay marriage in recent years.

A previous ruling allowed gays and lesbians to ask courts to recognize their marriages. The latest decree orders judges to automatically rule in favor of same-sex couples.

The governmental National Council to Prevent Discrimination hailed the ruling as "a historic step in recognizing the rights of the sexually diverse community."

source: www.abs-cbnnews.com

Guide to State Tax-Filing Status for Same-Sex Couples

Filing a state tax return can be tricky for same-sex couples. Those who were married in any jurisdiction that permits such unions must now file their federal returns as married, even if they live in a state that doesn't recognize their marriage. But the rules for state tax filings still follow the law of the state where they reside.

Those living in states that OK their marriage will file state returns as married. The same goes for married same-sex couples living in Colorado, Missouri and Oregon, even though those three locales currently prohibit same-sex marriage in their states. Utah — which also doesn't permit same-sex marriage — allows couples to choose whether to file as married or single.

Legally married same-sex couples in other states, who will have to file as single, should plan on spending extra time on their tax returns. Since states typically base tax returns on federal tax returns, these couples may have to create "dummy" federal tax returns as single filers before they can complete their state tax returns.

See the map below to determine which states require married same-sex couples to file as married and which states still mandate single returns.

source: kiplinger.com

Church of England proposes 'blessings' for gay marriage

LONDON - Church of England clergy would be able to "bless" same-sex relationships under long-awaited proposals unveiled on Thursday as the church adopts a more open - but disputed - approach to homosexuality.

Although gay couples would still not be able to legally marry in a church, the proposed change would officially sanction clergy to let gay and lesbian couples mark and celebrate same-sex marriages and civil partnerships in a church service.

Critics swiftly condemned the "blessing" proposal as contrary to the church's teaching on sexual conduct.

The proposal was among 18 recommendations put forward by a working group set up two years ago amid growing tension over the church's approach to gay worshippers and clergy but could take up to two years of discussions before becoming policy.

Acknowledging the issue was divisive, group chairman Joseph Pilling said the church needed to reflect rapid changes in society as senior clergy express fears of a looming crisis, with falling attendance rates and failure to attract young people.

This year, parliament introduced new laws to allow gay marriages from 2014 after legalising civil partnerships in 2005 and the church dropped its ban on gay clergy in civil partnerships becoming bishops.

"You can make a church a cold place for gay and lesbian people ... or you can make it a more warm and accepting place," Pilling told a news conference.

"No member of the clergy, or parish, would be required to offer such services and it could not extend to solemnising same sex marriages without major changes to the law."

RELAXED ATTITUDE

Pilling said the group also suggested that the Church of England, mother church of the world's 80 million Anglicans, should address the issue of same-sex relationships with the wider Anglican community and other churches.

Critics said the proposed "blessing" ran counter to church teaching, which says couples can only have sex within marriage and that marriage can only be between a man and a woman.

The one dissenting voice on the seven-strong committee, the Bishop of Birkenhead Keith Sinclair, said he did not believe the report offered a consistent or coherent response to questions of the church's response to sexuality.

Andrea Williams, founder of Christian Concern, which backs traditional marriage, and also a member of the Church of England governing body, the General Synod, said the proposed "blessing" would sow division and acrimony within the Church of England.

"The majority of Christians throughout the world and throughout history are committed to orthodox biblical teaching on marriage and sexuality," she said in a statement.

The spiritual head of the Church of England, Archbishop of Canterbury Justin Welby, earlier this year reiterated his opposition to gay marriage, but also acknowledged there had been a "revolution" in attitudes towards homosexuality and that the church's stand could be seen as out-of-step with public opinion.

A national survey on sexual attitudes released this week showed that most Britons have a far more relaxed attitude towards same-sex relationships than in previous decades.

In 1990, fewer than one in four men aged 16 to 44 were tolerant of same-sex relationships but that figure was now nearly half and in women, the number jumped to 66 percent from 28 percent in 1990-91.

source: www.abs-cbnnews.com

Federal benefits now afforded to same sex couples

REDWOOD CITY, California - As soon as the marriage equality celebrations die down same-sex couples may want to see their accountants and bi-national same-sex couples may want to consult an immigration attorney.

The federal protections now extended to legally married same sex couples include tax benefits that could make tax season simpler for them and even a refund check from Uncle Sam.

According to the Wall Street Journal's Market Watch, same-sex couples may now file taxes jointly and possibly amend previous years' tax returns to get bigger refunds.

Same-sex couples may now share property and other assets with their partners without paying a gift tax. They may also inherit assets after the death of their partners.

Market Watch experts said couples should consult their accountants because tax relief could be limited, particularly for couples who married in a state where same-sex marriage is legal, yet reside in another where it's not.

Meanwhile, the Supreme Court ruling eases worries that immigration rights for same-sex bi-national couples will be included in the immigration reform bill.

By striking down DOMA, American citizens can now sponsor their foreign born same-sex partners for green cards.

Advocacy group Immigration Equality estimates there are 36,000 bi-national same-sex couples living in the US. The law applies to legally married same-sex couples, regardless of the state they live in.

source: www.abs-cbnnews.com

Cheers, applause as New Zealand legalizes same-sex marriage

WELLINGTON - New Zealand's parliament voted in favor of allowing same-sex marriage on Wednesday, prompting cheers, applause and the singing of a traditional Maori celebratory song from the public gallery.

Seventy-seven of 121 members of parliament voted in favor of amending the current 1955 Marriage Act to allow same-sex couples to marry, making New Zealand the first country in the Asia-Pacific region to do so.

"Two-thirds of parliament have endorsed marriage equality," Louisa Wall, the openly gay opposition Labor Party MP who promoted the bill, told reporters after the vote. "It shows that we are building on our human rights as a country."

The bill was widely expected to pass, given similar support for the change in a preliminary vote held last month. It will likely come into effect in August.

New Zealand becomes the 13th country to legalize same-sex marriages, after Uruguay passed its own law last week. Australia last year rejected a similar proposal.

Countries where such marriages are legal include Canada, Spain and Sweden, in addition to some states in the United States. France is close to legalizing same-sex marriages amid increasingly vocal opposition.

The bill was opposed by the Roman Catholic Church and some conservative religious, political and social groups which campaigned that it would undermine the institution of the family.

The law makes it clear that clergy can decline to preside in gay marriages if they conflict with their beliefs.

The law to allow same-sex marriages comes after New Zealand gave same-sex relationships partial legal recognition in 2005 with the establishment of civil unions.

"I have a boyfriend, so it means we can get married, which is a good thing," said Timothy Atkins, a student who was among a crowd listening to the hearing in the parliamentary lobby.

"It's important to be seen as equal under the law."

source: www.abs-cbnnews.com