Why is LGBT Legislation so Important to HK LGBT Students?

By Ellis Loh
Published on April 20th, 2020

A toxic mix of tenacious traditional Chinese culture, religion, and government inertia, forces young Hong Kong LGBT+ (Lesbian, Gay, Bisexual, Transgender, and more…) students into dark shadows where they face substantial prejudice and enduring stigma on a daily basis.

This has been the persistent view of thousands of straight and LGBT students who participate in the annual Hong Kong Pride Parade. Annual Pride Parades have been going on with thousands of supporters attending each year since 2008. Here, supporters demand legislation and proposals to expand the limited protection against sexual discrimination to the LGBT community. These are laws widely recognized as being long overdue.

However, the rife of homophobia unfortunately remains a battle for all LGBT students, a prevalent battle that still remains today as the government still remains unyielding.

Socially conservative groups rarely talk on the topic of sexual minorities in a public forum, particularly due to the heteronormative culture that heavily-dominates the city. Surprisingly, even now, heteronormativity and sexual prejudice dominates our understanding of sexuality.

Homosexuals have long been viewed as a big challenge or threat to the established traditional norms of a Chinese family. Especially in the context of a society that rests on the supremacy of male roles and a continuation of the family line.

Parents and grandparents pass on cultural values and virtues to the next generation through socialisation. If a child fails to meet their parents’ expectations or family values, they are simply perceived as morally wrong, bringing shame to the family. For example, if you were homosexual and unable to deliver a child, you would be thought to bring disgrace and embarrassment to the family.

This has provoked the internalising and rationalising of anti-homosexuality, leading to detrimental effects on mental health such as depression, anxiety, potential substance abuse and thoughts of suicide. In a study among LGBT Hong Kongers, it was found that 30% had attempted or and thought about attempting suicide. The study also showed that 24% of the respondents had depression - six times the share of the population. Furthermore, 35% admitted to having emotional issues.

These obsolete homophobic norms have sowed the seeds of stigma, driving young students to fear their family members instead of looking to their family for love and acceptance. It is largely a matter of self-censorship, driven by the intense fear of public negative reactions and harsh rejections. These upsetting impacts perhaps lead to HK LGBT students’ light at the end of the tunnel to be obscured by their deep-rooted anxiety. With no formal recognition for this community, social ignorance, nor support from their families, where can these vulnerable children go?

With our Chinese society so heavily influenced by heteronormativity, distracting us from understanding the true nature of sexuality, this puts Hong Kong LGBT students it isn't at all black and white. They must decide whether to put their sexual identity first or face the consequences for “immoral behavior”. It is a question of whether these students' freedom should be silently washed away, whilst outdated traditional norms still withstand, or will their freedom be granted, potentially breaking down walls, and starting a new chain of values.

Unfortunately, in the eyes of conventional religions, same-sex relationships are deemed unwanted, immoral and abnormal. Homosexuals may even be classified as people with mental illnesses. They are heavily encouraged to “repair” themselves, restore their sexual wholeness, and fulfil their traditional roles.

Although there has been evidence suggesting a progressive shift of positive attitudes towards homosexuals, formal recognition for same-sex marriage and anti-LGBT discrimination laws are yet to be confirmed despite the LGBT community’s colossal efforts. In fact, there have been several surveys conducted regarding the issue of same-sex marriages. In 2013, a poll conducted by the Liberal party showed that 29% supported same-sex marraiges, whilst 59% were against. However, when another poll in 2017 was conducted by the University of Hong Kong, showed outstanding progression in support of same-sex marriages, raising from a low 29% to 50.4%

Our government plays a huge part in the emotional and internal exclusion of these sexual minorities in HK. It plays a significant role in shaping and influencing our social norms and how they should evolve. It has the power to be the catalyst in changing our societal values, but has decided to let this issue fall through the cracks. The government has been continually stripping the LGBT community of their rights and freedom. For example, they deny participation in HK pride marches, they deny crucial rights of the LGBT community and they even refuse to give same sex relationships public housing.

The government has been giving false promises of promoting equal rights, better opportunities for the community, and fostering environments of diversity, inclusivity, human rights and indiscrimination. This is clearly not the case.

Contradictorily, the government continues to excuse their hypocritical behaviour , claiming that the city is severely divided by this controversial issue. They argue over how other equal opportunities can be attained and promoted through different platforms such as education without fully implementing these ideas of LGBT.

It is not simply about the government simply signing a piece of paper and superficially acknowledging the LGBT’s basic rights. Rather, the government must genuinely and wholeheartedly accept them into our society, showing support by standing hand in hand with them. This community should be treated no differently to the elderly, children, and our loved ones.

LGBT students feel a violation of their basic human rights and freedom as they fight a climate of fear and shame. Our society erases their freedom to share the simplest expressions of love to their partner in public without feeling intense atmospheres of repugnance from this stigma attached to homosexaulity. For example, the simple acts of kissing, holding hands, hugging; students feel as though they must be in a secluded area to share these intimate actions. In the eyes of the majority, living as an LGBT member is not something to be celebrated, but something to be shamed.

It is imperative that this vicious cycle of LGBT fear and judgement cease and desist. Yet, despite the students’ hard efforts to demand legislation for LGBT protections, the government has refused to take immediate action with LGBT laws. The government has argued that LGBT protections are an unnecessary solution, as they are reliant on other platforms, and will likely engender flippant lawsuits. There has been evidence suggesting the importance of protections as the LGBT community suffers substantial discriminations. In 2018, a lesbian woman, known as “MK,” had filed a lawsuit against the Hong Kong government denying her rights to enter a civil union with her lesbian partner, violating and denying the same rights to freedom and equality as heterosexuals.

Due to the commonality of the sensitivity regarding homosexuality, discrimination in the corporate section is not a shock. In one case, an interviewee’s sexual orientation was raised, when it was revealed she was, in fact, a lesbian, she was not hired. Most companies do not include sexual orientation in their diversity and inclusion policies. With no legislation giving LGBT people protection in the workplace, this leaves them vulnerable. However, this is true for multinational companies too. Although many European and American corporations may have non-discrimination policies in their home countries, most Hong Kong corporations don’t adopt these policies.

Although LGBT protections would bring sprawling legal changes as well as major backlash from opposers of the anti-discrimination, LGBT protection laws will be inevitable, the long term effects must be considered. With the protection laws, LGBT students will receive the freedom and human rights deserved; the freedom to hold hands, kiss in public and to feel confident. This could potentially mean a subtle change in traditional Chinese norms- the broken bridge between the black sheep and the traditional parents will mend. The reality will not all be happy but it provides the first step for change.

The government has the power to protect its society, to protect the vulnerable, yet, they choose not to. Their refusal to make progress to these laws has shown their imprudent nature. And with how long this matter has been ignored, how long can it be ignored further? As Nelson Mandela said: “ To deny people their human rights is to challenge their very humanity.” Amid the coronavirus, perhaps it can be delayed a few more months...but not forever.

Subscribe to our newsletter

View our latest posts

Subscribe to our newsletter