The same difference: Protecting same-sex couples under the domestic violence ordinance

Abstract

Hong Kong recently amended its Domestic Violence Ordinance (?DVO"). During the deliberations, the issue of whether protection under the DVO ought to be extended to same-sex couples arose for discussion and has since been the subject of extensive debate. Religious and conservative groups have argued that including these groups within the DVO risks overhauling the traditional meaning of ?family" and could implicitly legitimize same-sex marriage whilst others have insisted that failing to provide equivalent civil remedies under the DVO to such groups amounts to sexual orientation discrimination and is contrary to Hong Kong's international human rights commitments. This paper reviews the various arguments that have been raised against the inclusion of same-sex couples within the DVO and argues that Hong Kong's international and constitutional commitments to the principles of equality and non-discrimination require that same-sex couples be brought within the purview of this legislation. © 2009 The Berkeley Electronic Press. All rights reserved.