W v Registrar of Marriages and the right to equality in Hong Kong

Abstract

This article contends that the Hong Kong government's decision to deny a transgender woman's application to marry her male partner, reviewed by the Court of First Instance in W v Registrar of Marriages, engages a right to equality and non-discrimination in Hong Kong constitutional law as well as anti-discrimination legislation. In light of the relative marginalization of the transgender community and Hong Kong's reasonably robust equality jurisprudence, framing W's challenge more explicitly on equality grounds may have had some advantages. In particular, a focus on equality may have strengthened the court's resolve to exercise its duty to protect the rights of minorities against discriminatory social attitudes.