Supreme Court Rejects Asylum Appeal From Man Whose Partner Underwent Forced Abortion In China

Main Category: Women's Health / Gynecology
Also Included In: Abortion;  Litigation / Medical Malpractice
Article Date: 14 May 2008 - 6:00 PDT

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The U.S. Supreme Court announced Monday that it will not hear an appeal of a case in which a man was seeking asylum because his partner was forced to have an abortion in China, the Christian Science Monitor reports. The case involves Yi Qiang Yang, whose partner, Hui Ling, was forced to undergo an abortion by Chinese family planning officials when she was eight months pregnant. Yi's claim for asylum was rejected by the 11th U.S. Circuit Court of Appeals in Atlanta (Richey, Christian Science Monitor, 5/13).

Yi's petition for asylum claims that he and Hui were married, but the 11th Circuit Court said the marriage to Hui was not legal. As part of China's one-child-per-family policy, couples are prohibited to marry until the man is 22 and the woman is 20, but the government says that many people enter into traditional marriages at younger ages. Yi was 20 and Hui was 17 when the couple had a traditional ceremony. The 11th Circuit Court said, "Legal marriage reflects a sanctity and long-term commitment that other forms of cohabitation simply do not" (Daily Women's Health Policy Report, 5/8). According to the Monitor, federal appeals courts have reached "different conclusions on the legal marriage versus traditional marriage issue."

Charles Rothfeld, Yi's attorney, in his brief said, "The fate of traditionally married spouses thus turns on nothing more (than) where their case is heard." The Bush administration opposed Yi's petition. The 11th Circuit Court ruled correctly on the case, Solicitor General Paul Clement said in his brief to the high court, adding that the attorney general is now reviewing whether to change U.S. asylum policy regarding spouses (Christian Science Monitor, 5/13). According to the AP/Google.com, the Supreme Court did not comment on its decision not to hear the appeal (AP/Google.com, 5/12).

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