gay marriage

After a Methodist Church minister (applicant) announced to her congregation her intention to marry her same-sex partner, the Methodist Church (respondent) suspended and subsequently discontinued her role as an ordained minister in early 2010. In March 2010, the applicant referred the matter to arbitration according to the Laws and Discipline of the Church. The parties could not agree on the applicant’s procedural rights and the arbitration convener proceeded with the process as provided by the Laws and Discipline of the Church.

The plaintiff, a British national, applied for a Hong Kong visa as a dependent of her same-sex partner, who was in Hong Kong on a work visa. The plaintiff and her partner had entered into a civil partnership in England. The Director of Immigration rejected the plaintiff’s application on the grounds that the term “spouse” in the spousal dependent visa policy was limited to the concept of marriage as defined under Hong Kong law, recognizing only the union of a man and a woman.

The issue in this case was whether the fact that no provision was made for same-sex couples to marry denied those parties equal protection of the law and was thus unfairly discriminating against them because of their sexual orientation, contrary to the Constitution’s protection of sexual orientation. The common law and the Marriage Act 25 of 1961 defined marriage as between man and woman.

The plaintiff, a gay man, challenged the government’s denial of spousal benefits to his husband. The couple had been married in New Zealand. The court observed that Hong Kong law does not recognize same-sex marriage; the Marriage Ordinance defines marriage as “the voluntary union for life of one man and one woman to the exclusion of all others.” The court concluded that the government’s denial of spousal benefits therefore did not violate the Basic Law, Bill of Rights, or common law. The plaintiff plans to appeal to Hong Kong’s highest court, the Court of Final Instance.

On May 14, 2013, the National Justice Council issued a resolution stating that competent authorities are not allowed to refuse (a) to celebrate same-sex civil marriages nor (b) to convert same-sex common-law marriages (stable union) into civil marriages.  The National Justice Council is a public administrative body that aims to advance the work of the Brazilian judicial system.