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Taiwan Becomes First in Asia to Legalize Same-Sex Marriage

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  • Taiwan’s Parliament passed a bill legalizing same-sex marriage on Friday, making it the first in Asia to do so.
  • The decision comes after a 2017 ruling by Taiwan’s Constitutional Court which found that disallowing same-sex marriage violated the country’s constitution, and gave the government two years to pass a law legalizing it.
  • Supporters of the bill are optimistic it will set an example for other Asian nations, while opponents say it does not support the will of the people, who overwhelmingly voted against legalization in a referendum last November.

Parliament Passes Same-Sex Marriage Bill

Taiwan became the first in Asia to legalize same-sex marriage after the country’s Parliament approved a bill Friday.

Thousands of demonstrators took to the streets of Taiwan’s capital city, Taipei, in anticipation of Friday’s vote. Gathered outside the Parliament building, supporters cheered when the decision was announced.

The Parliament’s announcement came after lawmakers considered three separate bills and ultimately decided on the most progressive of the three, which was passed with a vote of 66-27. The legislation chosen was the only one that defined a same-sex relationship as “marriage,” while the other bills used terms like “same-sex union.”

The bill will take effect after Taiwan’s President, Tsai Ing-wen, signs it into law. Ing-wen campaigned on marriage equality in 2016, and praised the passage of the bill on Twitter, writing, “We took a big step towards true equality, and made Taiwan a better country.”

Once the law goes into effect, it will give same-sex couples many of the same tax, insurance, and child custody benefits that are allowed to heterosexual married couples. It will also allow limited adoption rights, though it is unclear if those rights will extend to the adoption of non-blood relatives.

Taiwan’s Progressive History

Taiwan has been applauded as a champion and leader of gay rights in the region, well before the passage of the new bill.

Its annual gay pride parade in Taipei is known for attracting tens of thousands of people from all over the continent, making it the largest pride parade in East Asia.

In 2017, Taiwan’s Constitutional Court ruled that the laws that prohibited same-sex couples from marrying violated the Taiwanese constitution. The court then gave the government two years to pass a law legalizing same-sex marriage.

However, same-sex marriage remained a divisive subject in Taiwan. Following the 2017 ruling, conservative and religious opponents stalled the passage of a new law legalizing gay marriage. Opponents also pressured the government into holding a referendum on whether or not the public wanted gay marriage to be legal.

The referendum, which was held in Novemeber, showed that Taiwanese voters overwhelmingly opposed the legalization of same-sex marriage, and favored the definition of marriage as the union of a man and woman.  

Taiwan’s ruling party, the Democratic Progressive Party (DPP), responded to the referendum by drafting two competing bills that would align with both the Constitutional Court’s decision and the results of the referendum. Unsurprisingly, those bills were strongly opposed by the LBGTQ+ community.

Taiwan’s Parliament ultimately did not choose those two bills, instead opting for the bill supported by the LGBTQ+ community, as represented by the vote on Friday. While marriage equality advocates have criticized the limits on adoption rights for same-sex couples, they still favored the bill that was passed over the other versions.

While supporters celebrated the bill’s passage, opponents of legalizing gay marriage expressed their anger. “How can we ignore the result of the referendums, which demonstrated the will of the people?” said John Wu, a lawmaker who is part of the opposition Kuomintang party. “Can we find an appropriate compromise solution? We need more dialogue in society.”

Potential Implications for the Region

Taiwan’s decision to legalize gay marriage makes it the first to do so in a region where gay rights have fallen wayside.

With the new law, many hope that Taiwan will set an example for other countries in the region. Phil Robertson, Deputy Asia Director at Human Rights Watch, applauded Taiwan for leading the way for LGBTQ+ rights in Asia “amid growing authoritarianism and rights abuses in other countries throughout the region.”

However, it remains unclear if other Asian nations will follow suit. While countries like China and Vietnam have decriminalized homosexuality, gay marriage still remains illegal.

Other Asian nations still are slow to embrace change concerning LGBTQ+ rights.

Until last year, gay sex was considered a criminal offense in India which was punishable by up to ten years in jail. Just last month, Brunei implemented new laws that made gay sex and adultery punishable by stoning to death.

Brunei later walked back on the law after massive international protest. It now claims it will not enforce the death penalty, though gay sex will still be punished by jail time in the country.

That said, others are optimistic about strides some Asian nations are taking. Thailand has proposed a law that would recognize same-sex partnerships, and last year a Hong Kong court ruled that same-sex couples that live in the city would be allowed the same rights to visas as heterosexual couples who are married.

Same-sex marriage is not legally recognized in Hong Kong, but public opinion polls show that support for marriage equality is gaining traction.

See what others are saying: (NPR) (BBC) (The Washington Post)

International

Israel Relaxes Abortion Restrictions in Response to U.S. Supreme Court Ruling

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The reforms follow similar moves by France and Germany as leaders across the political spectrum denounce the court’s decision.


Health Minister Makes Announcement

Israel is easing access to abortion in response to the U.S. Supreme Court’s repeal of Roe v. Wade, Nitzan Horowitz, the country’s health minister and head of the small left-wing Meretz party, announced Monday.

“The U.S. Supreme Court’s move to deny a woman the right to abortion is a dark move,” he said in the announcement, “oppressing women and returning the leader of the free and liberal world a hundred years backward.”

The new rules, approved by a majority in the parliamentary committee, grant women access to abortion pills through the universal health system. Women will be able to obtain the pills at local health centers rather than only hospitals and surgical clinics.

The new policy also removes the decades-old requirement for women to physically appear before a special committee that must grant approval to terminate a pregnancy.

While women will still need to get approval, the process will become digitized, the application form will be simplified, and the requirement to meet a social worker will become optional.

The committee will only conduct hearings in the rare case it initially denies the abortion procedure.

Israel’s 1977 abortion law stipulates four criteria for termination of pregnancy: If the woman is under 18 or over 40, if the fetus is in danger, if the pregnancy is the result of rape, incest, or an “illicit union,” including extramarital affairs, and if the woman’s mental or physical health is at risk.

All of the changes will take effect over the next three months.

The World Reacts

Politicians across the political spectrum from Canadian Prime Minister Justin Trudeau to British Prime Minister Boris Johnson have denounced the U.S. Supreme Court’s decision since it was announced Friday.

On Saturday, French Prime Minister Elisabeth Borne expressed support for a bill proposed by parliament that would enshrine the right to an abortion in the country’s constitution.

“For all women, for human rights, we must set this gain in stone,” she wrote on Twitter. “Parliament must be able to unite overwhelmingly over this text.”

Germany scrapped a Nazi-era law prohibiting the promotion of abortion Friday, just hours before the U.S. Supreme Court ruling.

In Israel, abortion is a far less controversial issue than it is for Americans. Around 98% of people who apply for an abortion get one, according to the country’s Central Bureau of Statistics.

Part of the reason for Israel’s relatively easy access to abortion is that many residents interpret Jewish law to condone, or at least not prohibit, the procedure.

In the United States, several Jewish organizations including the American Jewish Committee, Hillel International, and the Women’s Rabbinic Network have expressed opposition to the court ruling, and some Jews have protested it as a violation of their religious freedom.

See what others are saying: (The Washington Post) (ABC News) (The Guardian)

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Flight Deporting Refugees From U.K. to Rwanda Canceled at Last Hour

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The United Nations High Commissioner for Human Rights said the U.K.’s asylum policy sets a “catastrophic” precedent.


Saved By The Bell

The inaugural flight in the U.K. government’s plan to deport some asylum seekers to Rwanda was canceled about an hour and a half before it was supposed to take off Tuesday evening.

A last-minute legal intervention by the European Court of Human Rights (ECHR) halted the flight. Tuesday’s flight originally included 37 people, but after a string of legal challenges that number dwindled to just seven.

In its ruling for one of the seven passengers, a 54-year-old Iraqi man, the court said he cannot be deported until three weeks after the delivery of the final domestic decision in his ongoing judicial review proceedings.

Another asylum seeker, a 26-year-old Albanian man, told The Guardian he was in a “very bad mental state” and did not want to go to Rwanda, a country he knows nothing about.

“I was exploited by traffickers in Albania for six months,” he said. “They trafficked me to France. I did not know which country I was being taken to.”

A final domestic effort to block the flight in the Court of Appeals failed on Monday. The High Court will make a ruling on the asylum policy next month.

Britains Divided by Controversial Policy

U.K. Home Secretary Priti Patel spoke to lawmakers after the flight was canceled, defending the asylum policy and saying preparations for the next flight will begin immediately.

“We cannot keep on spending nearly £5 million a day on accommodation including that of hotels,” she said. “We cannot accept this intolerable pressure on public services and local communities.”

“It makes us less safe as a nation because those who come here illegally do not have the regularized checks or even the regularized status, and because evil people-smuggling gangs use the proceeds of their ill-gotten gains to fund other appalling crimes that undermine the security of our country,” she continued.

The United Nations High Commissioner for Human Rights, Filippo Grandi, told CBC the policy sets a “catastrophic” precedent.

“We believe that this is all wrong,” he said. “This is all wrong. I mean, saving people from dangerous journeys is great, is absolutely great. But is that the right way to do it? Is that the right, is that the real motivation for this deal to happen? I don’t think so. I think it’s… I don’t know what it is.”

An Iranian asylum seeker in a British detention center who was told to prepare for deportation before being granted a late reprieve was asked by ABC whether he ever thought the U.K. would send him to Africa.

“I thought in the U.K. there were human rights,” he said. “But so far I haven’t seen any evidence.”

The Conservative government’s plan was announced in April, when it said it would resettle some asylum seekers 4,000 miles away in Rwanda, where they can seek permanent refugee status, apply to settle there on other grounds, or seek asylum in a safe third country.

The scheme was meant to deter migrants from illegally smuggling themselves into the country by boat or truck.

Migrants have long made the dangerous journey from Northern France across the English Channel, with over 28,000 entering the U.K. in boats last year, up from around 8,500 the year prior. Dozens of people have died making the trek, including 27 who drowned last November when a single boat capsized.

See what others are saying: (BBC) (The Guardian) (CNN)

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Ryanair Draws Outrage, Accusations of Racism After Making South Africans Take Test in Afrikaans

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Afrikaans, which is only spoken as a first language by around 13% of South Africa, has not been the country’s national language since apartheid came to an end in 1994.


Airline Won’t Explain Discrimination

Ryanair, Europe’s largest airline, has received widespread criticism and accusations of racism after it began requiring South African nationals to complete a test in Afrikaans to prove their passport isn’t fraudulent.

The airline told BBC the new policy was implemented because of “substantially increased cases of fraudulent South African passports being used to enter the U.K.”

Among other questions, the test asks passengers to name South Africa’s president, its capital city, and one national public holiday.

Ryanair has not said why it chose Afrikaans, the Dutch colonial language that many associate with white minority rule, for the test.

There are 11 official languages in South Africa, and Afrikaans ranks third for usage below Zulu and IsiXhosa. Only around 13% of South Africans speak Afrikaans as their first language.

“They’re using this in a manner that is utterly absurd,” Conrad Steenkamp, CEO of the Afrikaans Language Council, told reporters. “Afrikaans, you have roughly 20% of the population of South Africa understand Afrikaans. But the rest don’t, so you’re sitting with roughly 50 million people who do not understand Afrikaans.”

“Ryanair should be careful,” he continued. “Language is a sensitive issue. They may well end up in front of the Human Rights Commission with this.”

Ryanair’s policy only applies to South African passengers flying to the United Kingdom from within Europe, since it does not fly out of South Africa.

The British government has said in a statement that it does not require the test.

Anyone who cannot complete the test will be blocked from traveling and given a refund.

Memories of Apartheid Resurface

“The question requiring a person to name a public holiday is particularly on the nose given that SA has a whole public holiday NEXT WEEK commemorating an historic protest that started in response to language-based discrimination,” one person tweeted.

South African citizen Dinesh Joseph told the BBC that he was “seething” with anger when asked to take the test.

“It was the language of apartheid,” he said, adding that it was a trigger for him.

Officials in the country were also surprised by Ryanair’s decision.

We are taken aback by the decision of this airline because the Department regularly communicates with all airlines to update them on how to validate South African passports, including the look and feel,” South Africa’s Department of Home Affairs said in a statement.

Any airline found to have flown a passenger with a fake passport to the U.K. faces a fine of £2,000 from authorities there. Ryanair has also not said whether it requires similar tests for any other nationalities.

Many people expressed outrage at Ryanair’s policy and some told stories of being declined service because they did not pass the test.

See what others are saying: (The Washington Post) (BBC) (Al Jazeera)

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