The turn to history, tradition, and the past more generally as a way to argue against marriage equality is nothing new. In this paper, I discuss the most recent manifestation of this tendency in Hong Kong in light ofMK v. HKSAR (2019), the latest case in the local litigation over same-sex unions. In MK, the court bases its ruling against same-sex unions by considering the original meaning of the right to marry in Article 37 of the Basic Law. I will explain how the court’s turn to original meaning underpins its reasoning on lex specialis. I will conclude by positing an alternative approach to the interpretation of Article 37 in light of recent common law precedent cases.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo. Stay tuned.
The Call for Papers for ICON•S Mundo is now closed. Successful applicants will be notified by the end of May.
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