The Immigration Department appealed the ruling to the Court of Final Appeal. The court handed down its ruling on 4 July 2018, finding in favour of the plaintiff and mandating immigration authorities to grant same-sex partners spousal visas that were previously only available only to heterosexual couples. The panel of judges, led by Chief Justice Geoffrey Ma Tao-li, held that the “policy [of not granting a visa] is counterproductive and plainly not rationally connected to advancing [any] ‘talent’ aim" and rejected the immigration director’s argument that civil union partnerships differed from marriage, saying it was based on a “shaky foundation [and]...hardly satisfactory”. The government stated it respected the court's ruling and would study it in detail.
In 2013, the American Psychiatric Association released the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-V) which replaced the outdated entry "Gender Identity Disorder" with Gender Dysphoria, and changed the criteria for diagnosis. The necessity of a psychiatric diagnosis remains controversial, as both psychiatric and medical authorities recommend individualized medical treatment through hormones and/or surgeries to treat gender dysphoria. Some transgender advocates believe the inclusion of Gender Dysphoria in the DSM is necessary in order to advocate for health insurance that covers the medically necessary treatment recommended for transgender people.
There is no complete data on the number of same-sex marriages conducted in the United States. Marriages and divorces are recorded by states, counties, and territories, plus New York City and the District of Columbia, but not by the federal government. States such as Oregon do not distinguish between opposite-sex and same-sex marriages in their official records. The legal records on marriage and divorce belong to the states. In August 2016, the Treasury Department estimated the number of same-sex marriages by linking the tax returns of same-sex couples who had filed jointly in 2014 with their Social Security records. (Although this method excluded couples who file singly, these are small in number; of all married couples who file taxes, 97.5% file jointly.) This research showed that in 2014 there were about 183,280 married same-sex couples in the country, or "roughly a third of 1 percent of all marriages" according to the New York Times.
The institution of marriage has traditionally been defined as being between a man and a woman. In upholding gay marriage bans in Kentucky, Michigan, Ohio and Tennessee on Nov. 6, 2014, 6th US District Court of Appeals Judge Jeffrey S. Sutton wrote that "marriage has long been a social institution defined by relationships between men and women. So long defined, the tradition is measured in millennia, not centuries or decades. So widely shared, the tradition until recently had been adopted by all governments and major religions of the world."  In the Oct. 15, 1971 decision Baker v. Nelson, the Supreme Court of Minnesota found that "the institution of marriage as a union of man and woman, uniquely involving the procreation and rearing of children within a family, is as old as the book of Genesis."  John F. Harvey, MA, STL, late Catholic priest, wrote in July 2009 that "Throughout the history of the human race the institution of marriage has been understood as the complete spiritual and bodily communion of one man and one woman."  
At the turn of the 21st century it was clear that the evolution of rights for same-sex couples depended to a great extent upon the interplay of a country’s institutional forces. In parliamentary unitary systems, such as those of the Netherlands, Spain, and the United Kingdom, for example, legislatures (and the executives derived from them) were instrumental in the success or failure of such laws. In other countries, particularly those with federal political systems and strong judiciaries, such as Canada, South Africa, and the United States, the courts played a vital role. For yet another group of polities, such as Switzerland and many U.S. states, institutional rules enabled voters to take a direct role in the passage or rejection of legislation.
^ Jump up to: a b c Same-sex marriage is performed and recognized by law in England, Wales and Scotland, but not in Northern Ireland. Same-sex marriage is performed and recognized by law in the overseas territories of Akrotiri and Dhekelia, Bermuda, the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Gibraltar, the Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha and South Georgia and the South Sandwich Islands as well as in the Crown dependencies of Guernsey (including Alderney, but not Sark), the Isle of Man and Jersey.
Brandy Lin Simula (2012), on the other hand, argues that BDSM actively resists gender conforming and identified three different types of BDSM bisexuality: gender-switching, gender-based styles (taking on a different gendered style depending on gender of partner when playing), and rejection of gender (resisting the idea that gender matters in their play partners). Simula (2012) explains that practitioners of BDSM routinely challenge our concepts of sexuality by pushing the limits on pre-existing ideas of sexual orientation and gender norms. For some, BDSM and kink provides a platform in creating identities that are fluid, ever-changing.
In April 2014, the Supreme Court of India declared transgender to be a 'third gender' in Indian law. The transgender community in India (made up of Hijras and others) has a long history in India and in Hindu mythology. Justice KS Radhakrishnan noted in his decision that, "Seldom, our society realizes or cares to realize the trauma, agony and pain which the members of Transgender community undergo, nor appreciates the innate feelings of the members of the Transgender community, especially of those whose mind and body disown their biological sex", adding:
Being transgender is independent of sexual orientation: transgender people may identify as heterosexual, homosexual, bisexual, asexual, or may decline to label their sexual orientation. The term transgender is also distinguished from intersex, a term that describes people born with physical sex characteristics "that do not fit typical binary notions of male or female bodies". The opposite of transgender is cisgender, which describes persons whose gender identity or expression matches their assigned sex.
Similarly, in ancient Rome, gender did not determine whether a sexual partner was acceptable, as long as a man's enjoyment did not encroach on another's man integrity. It was expected and socially acceptable for a freeborn Roman man to want sex with both female and male partners, as long as he took the penetrative role. The morality of the behavior depended on the social standing of the partner, not gender per se. Both women and young men were considered normal objects of desire, but outside marriage a man was supposed to act on his desires only with slaves, prostitutes (who were often slaves), and the infames. It was immoral to have sex with another freeborn man's wife, his marriageable daughter, his underage son, or with the man himself; sexual use of another man's slave was subject to the owner's permission. Lack of self-control, including in managing one's sex life, indicated that a man was incapable of governing others; too much indulgence in "low sensual pleasure" threatened to erode the elite male's identity as a cultured person.
The Hong Kong Bill of Rights Ordinance 1991 prohibits discrimination on a variety of grounds, including "other status". In the case of Leung TC William Roy v. Secretary for Justice (2005), this has been interpreted to include sexual orientation. However, the Bill of Rights only applies to government-sponsored discrimination and not the private sector. Since the 1990s LGBT rights groups have lobbied the Legislative Council to enact civil rights laws that include sexual orientation, but without success.
Same-sex couples face the same financial constraints of legal marriage as opposite-sex married couples, including the marriage penalty in taxation. While social service providers usually do not count one partner's assets toward the income means test for welfare and disability assistance for the other partner, a legally married couple's joint assets are normally used in calculating whether a married individual qualifies for assistance.
^ Jump up to: a b World Health Organisation (1992) "...Fetishistic transvestism is distinguished from transsexual transvestism by its clear association with sexual arousal and the strong desire to remove the clothing once orgasm occurs and sexual arousal declines...." in ICD-10, Gender Identity Disorder, category F65.1 Archived 2009-04-22 at the Wayback Machine published by the World Health Organisation Archived 2016-07-05 at the Wayback Machine. Retrieved 2007-08-13.