After a presentation to Hong Kong’s Equal Opportunities Commission and Legislative Council at a symposium in August, Professor Holning Lau received a certificate of appreciation for his years of research on LGBTI (lesbian, gay, bisexual, transgender and intersex) matters there, where gay marriage is illegal.
Through surveys with Hong Kong’s LGBTI residents and the general public, Lau’s research — some conducted with the University of Hong Kong — contradicts claims by the government and others that same-sex marriage is very controversial and lacks public support. His research also refutes the contention that LGBTI rights signal corruptive Western influences. Read more about Lau’s research.
“I am hopeful research such as mine will help ground policy debates in facts as opposed to popular myths,” Lau says. “My research challenges conventional wisdom about the prevalence of local opposition to LGBTI rights. Opposition is less widespread than is commonly believed, but opponents are a disproportionately vocal and well-funded minority.”
Lau, a professor of comparative law, at UNC School of Law, found that 75 percent of Hong Kong residents support same-sex couples having at least some rights of married couples. In addition, 25 percent of the public supports marriage for same-sex couples, with 12 percent more inclined toward support.
Lau’s research has been published in the American Journal of Comparative Law, the University of Hong Kong Centre for Comparative and Public Law’s briefing papers series and other forums.
At the symposium, Lau also explained how developments with LGBTI issues in the United States could help Hong Kong’s discourse. Some there fear that any law prohibiting LGBTI discrimination would restrict religious freedom. “Policymakers in Hong Kong don’t need to start from scratch. They can draw insights from the debate in the U.S. about strengths and weaknesses of different religious exemptions that exist as well as proposed exemptions,” he says.
Some U.S. judges, meanwhile, could draw insights from South Africa about same-sex marriage, based on Lau’s research there.
South Africa’s Constitutional Court ruled in 2005 that denying same-sex couples the right to marry was unconstitutional. The court itself could have legalized same-sex marriage but instead gave the Parliament a year to pass legislative reform. The Parliament, which could have refused to go along with the court, eventually legalized gay marriage.
Lau is researching how the court’s approach — delaying implementation of marriage equality legislation and enlisting the Parliament — has affected public perceptions of government and the judiciary in South Africa.
“My research suggests the one-year grace period helped shield the court from allegations of judicial activism and ultimately enhanced the legitimacy of marriage equality. Conventional wisdom among political realists is that, in other parts of the world, courts have avoided deciding same-sex marriage cases because they fear the backlash that could result from a ruling in favor of marriage equality. South Africa’s approach represents a middle ground,” Lau says.
He will publish his findings in 2016 in time for the 10-year anniversary of marriage equality in South Africa.
“My research contributes to the growing understanding about the ways judges act strategically to avoid backlash,” Lau says.
-November 24, 2014