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Article: The Invention of Tradition: Same-sex Marriage and its Discontents in Hong Kong

TitleThe Invention of Tradition: Same-sex Marriage and its Discontents in Hong Kong
Authors
Issue Date2020
PublisherOxford University Press. The Journal's web site is located at http://icon.oxfordjournals.org/
Citation
International Journal of Constitutional Law, 2020, v. 18 n. 2, p. 539-562 How to Cite?
AbstractIn Leung Chun Kwong v. Secretary for the Civil Service, the Hong Kong Court of Final Appeal held that the government unlawfully discriminated against a gay civil servant by refusing to recognize his same-sex marriage—entered into abroad—when considering the granting of local spousal benefits and joint tax assessment. The year before, in QT v. Director of Immigration, the court had ruled against the government for denying the partner of a British lesbian a dependant visa on the basis of her sexual orientation. QT and Leung Chun Kwong are landmarks in the rapidly evolving jurisprudence on same-sex marriage in the territory. This article presents an analysis of the Hong Kong cases relating to gay rights and same-sex marriage. It contends that, even though the need to protect traditional marriage is cited as a reason against marriage equality in many jurisdictions, the claim is particularly problematic in Hong Kong, given the city’s unique marriage history. It draws on the historian Eric Hobsbawm’s notion of “the invention of tradition” to argue that the rhetoric of traditional marriage conjures up an imagined past that displaces a vast and varied set of long-standing marital practices. By exploring government reports and records pertaining to Chinese marriages in colonial Hong Kong, this article then examines these forgotten traditions and demonstrates their significance for understanding the marriage equality debate in the territory in our own time.
Persistent Identifierhttp://hdl.handle.net/10722/294075
ISSN
2019 Impact Factor: 1.51
2015 SCImago Journal Rankings: 0.613
SSRN

 

DC FieldValueLanguage
dc.contributor.authorWan, MMH-
dc.date.accessioned2020-11-23T08:25:58Z-
dc.date.available2020-11-23T08:25:58Z-
dc.date.issued2020-
dc.identifier.citationInternational Journal of Constitutional Law, 2020, v. 18 n. 2, p. 539-562-
dc.identifier.issn1474-2640-
dc.identifier.urihttp://hdl.handle.net/10722/294075-
dc.description.abstractIn Leung Chun Kwong v. Secretary for the Civil Service, the Hong Kong Court of Final Appeal held that the government unlawfully discriminated against a gay civil servant by refusing to recognize his same-sex marriage—entered into abroad—when considering the granting of local spousal benefits and joint tax assessment. The year before, in QT v. Director of Immigration, the court had ruled against the government for denying the partner of a British lesbian a dependant visa on the basis of her sexual orientation. QT and Leung Chun Kwong are landmarks in the rapidly evolving jurisprudence on same-sex marriage in the territory. This article presents an analysis of the Hong Kong cases relating to gay rights and same-sex marriage. It contends that, even though the need to protect traditional marriage is cited as a reason against marriage equality in many jurisdictions, the claim is particularly problematic in Hong Kong, given the city’s unique marriage history. It draws on the historian Eric Hobsbawm’s notion of “the invention of tradition” to argue that the rhetoric of traditional marriage conjures up an imagined past that displaces a vast and varied set of long-standing marital practices. By exploring government reports and records pertaining to Chinese marriages in colonial Hong Kong, this article then examines these forgotten traditions and demonstrates their significance for understanding the marriage equality debate in the territory in our own time.-
dc.languageeng-
dc.publisherOxford University Press. The Journal's web site is located at http://icon.oxfordjournals.org/-
dc.relation.ispartofInternational Journal of Constitutional Law-
dc.rightsPre-print: Journal Title] ©: [year] [owner as specified on the article] Published by Oxford University Press [on behalf of xxxxxx]. All rights reserved. Pre-print (Once an article is published, preprint notice should be amended to): This is an electronic version of an article published in [include the complete citation information for the final version of the Article as published in the print edition of the Journal.] Post-print: This is a pre-copy-editing, author-produced PDF of an article accepted for publication in [insert journal title] following peer review. The definitive publisher-authenticated version [insert complete citation information here] is available online at: xxxxxxx [insert URL that the author will receive upon publication here].-
dc.titleThe Invention of Tradition: Same-sex Marriage and its Discontents in Hong Kong-
dc.typeArticle-
dc.identifier.emailWan, MMH: mwan@hkucc.hku.hk-
dc.identifier.authorityWan, MMH=rp01272-
dc.identifier.doi10.1093/icon/moaa026-
dc.identifier.hkuros319639-
dc.identifier.volume18-
dc.identifier.issue2-
dc.identifier.spage539-
dc.identifier.epage562-
dc.publisher.placeUnited Kingdom-
dc.identifier.ssrn3395357-
dc.identifier.issnl1474-2640-

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