Every June is Pride Month. In May last year, in a rainbow family case, the court ruled that a same-sex couple had joint custody of their children they had raised for many years. It was described as another LGBT community in the court in recent years. Major victory.
The lawyers in charge of this case are named Cao Qiaoyin on one side and her twin sister Cao Qiaoling on the other side. Although they are "fighting against Taiwan", the sister lawyers are not "swords and swords" in court, but are in the general direction of fighting for equal rights. work together.
Cao Qiaoling, her sister, who is known as a "divorce lawyer", pointed out that Hong Kong does not recognize same-sex marriage, so it would be easier to start such cases from the perspective of family law. What she hopes to challenge next is to fight for the right of same-sex couples to divorce.
Photography: Liao Yanxiong
Jocelyn has been a family lawyer since 2009 and has handled various divorce cases. Less known is that she has participated in many cases involving LGBT families.
(Photo by Liao Yanxiong)
Jocelyn has been a family law lawyer since 2009 and has handled various divorce cases. Less known is that she has participated in many cases involving LGBT families.
She admitted that she was exposed to LGBT cases in recent years because of her twin sister, Evelyn, "My sister is more specialized in human rights laws, and I specialize in family law... I can provide knowledge in this area, and she knows something. We are thinking about judicial review, so we will work together.”
Cases of LGBT contact with infected sister
"I'm so proud. Although they are identical twins, only my sister is gay." The voices and facial features of the two are 80% similar. If the sister has short and neutral hair, and the sister has long hair, Others may not be able to tell the difference for a while. Cao Qiaoling pointed out that in addition to his work in the law firm, he also joined the legal team including his sister, "Our legal team's case is related to family law, and there is another legal team. Doing other rights, such as applying for public housing, filing tax returns (consolidated tax returns)... these are not related to family law."
The "family law-related case" mentioned by Cao Qiaoling is the "Rainbow Family Case" in 2021 about a pair of lesbians applying for joint custody. In the case, the applicant AA and the same-sex partner BB have been living together since 2003, although They are not married, and one of them has no blood relationship with the children, but the judge cited the "principle of child well-being" for the first time in the case, and in May last year sentenced them to share custody of the children who have jointly raised children for many years. "I believe that many people in Hong Kong are like this. family, but none of the cases have gone to the court to apply, and we don’t know what the court thinks.” Cao Qiaoling pointed out that after the judgment came out, seeing that the court only focused on the welfare of children, the importance of the case lies in the fact that there are precedents that allow other similar Families can make the same application at a later date.
In short, you all have a role in taking care of the children, and both of you are good to the little mosquitoes. For the sake of the children, the court will not consider you as homosexual or heterosexual.
Lawyer Cao Qiaoling
"It's good, but it's not worth it, but if you want to separate, the mother who is not related by blood will lose the bottom? Because there is no right in law, but 𠵱The family knows that in short, you all have a part to take care of the children. , Both of them are good for the little mosquito, and for the sake of the children, the court will not consider you as homosexual or heterosexual."
Another unpublished case was a gay couple, one of whom wanted to adopt a child they had cared for and lived with for many years, "I was worried about whether the judge would follow traditional thinking, and I thought I would agree to let you go. Adopting this little mosquito, I condone and even encourage the other two fathers to take care of a child?” Fortunately, the final process went smoothly. The social worker saw that the child and the two fathers really had a good relationship during the home visit. The court finally ruled that One of them was adopted.
Cao Qiaoling pointed out that in these two cases, she and her sister seemed to be "fighting against each other", but in fact they were cooperating, "Although one is the applicant and the other is the respondent in the documents, most of the time, both parties agree (a certain case). things), the two sides are not fighting against each other.”
You must return to a place that recognizes same-sex marriage and live together for a certain period of time before you can get a divorce
Divorce cases are familiar to Cao Qiaoling, but it is very difficult for homosexuals to divorce.
At present, many people register their marriage in other places, but because Hong Kong does not recognize same-sex marriage, they have to return to the place that recognizes same-sex marriage and live for a certain period of time before they can get divorced. "Cao Qiaoling said that they are waiting for some "test cases" that are willing to stand up, some cases that just want to get divorced, but are willing to spend a lot of time and energy to fight for their rights, "We are not directly asking the law to recognize same-sex Marriage, but hopefully from this perspective, everyone should have the right to divorce.”
Cao Qiaoling believes that the law is not the biggest obstacle to the promotion of same-sex rights. What needs to be changed is the attitude of all sectors of society.
(Photo by Liao Yanxiong)
Sighing that the law is not the biggest obstacle: what needs to be changed is the attitude of all sectors of society
"In terms of the law, it's actually enough for me to break it." Cao Qiaoling believes that the Basic Law stipulates that Hong Kong people have basic rights, and the law is not the biggest obstacle. What needs to be changed is the attitude of all sectors of society. There are many, but some religious groups are still very much against it... Going to the step of law-making, if a judge is asked to issue a judgment as a court, they are still shocked, because they cannot make a judgment because Hong Kong does not recognize same-sex Marriage is so inconsistent." She pointed out that at this stage, she can only get "as many victories as possible" in court (win as many victories as possible), and hope that there will be different voices and judgments, not too many or not too few. change the whole society.
Cao Qiaoling pointed out that what he hopes to challenge in the future is the right to allow same-sex couples to divorce.
(Photo by Liao Yanxiong)
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