Same-sex marriage in Israel

Same-sex marriage is legal in Israel. The Israeli government has registered same-sex marriages since 2006. However, since the state has yet to legalize civil marriage in Israel, those who choose to get married must turn to one of the 15 religious marriage courts recognized by the state. As of 2016, none of the 15 religious courts permit same-sex marriage under their respective auspices. Consequently, Israelis who desire to have their same-sex marriage recognized by the Israeli government must first wed outside Israel and then register upon returning home. ^[1]

History

The religious authority for Jewish marriages is the Chief Rabbinate of Israel and there are parallel authorities for Christians, Muslims and Druze with a total of 15 religious courts. These regulate all marriages and divorces for their own communities. Currently they all oppose same-sex marriages. If the views of one of these bodies were to change, however, it would be legal for members of that religious community to enter into same-sex marriages in Israel. Same-sex wedding ceremonies without legal significance can be conducted in Israel,^[2] which, coupled with legally recognized foreign marriages, allows for both same-sex wedding ceremonies in Israel and legal recognition of same-sex marriages in Israel, on condition that the marriage certificates come from another country. The first unofficial municipal wedding took place in August 2009 following the Tel Aviv Pride Parade; five couples were married by Mayor Ron Huldai. The traditional verse for wedding ceremonies from Psalm 137, "If I forget thee, O Jerusalem, let my right hand wither..." was used, but replacing Jerusalem with Tel Aviv, Israel's most gay-friendly city.^[3][4]

Foreign marriages

Same-sex marriages performed abroad can be recorded at the Israeli Administration of Border Crossings, Population and Immigration, according to a November 2006 High Court of Justice ruling which defined such records as strictly 'for statistical purposes', thereby avoiding official recognition of same-sex marriages by the state. The case was filed by five male Israeli couples married in Canada.^[5]

Moshe Gafni, an Israeli politician, said that he would consider presenting a bill to the Knesset to attempt to overturn the court ruling. No such bill has been presented.

In December 2012, a Ramat Gan Family court granted a same-sex married couple a legal divorce.^[6] This was a first decision of its kind, setting a non-binding precedent.

Unregistered cohabitation

Despite the fact that same-sex marriage (or opposite-sex civil marriage) remains non-existent in the Israel, unmarried same-sex and opposite-sex couples in Israel have equal access to nearly all of the rights of marriage in the form of unregistered cohabitation status, similar to common-law marriage.

Legislation

In February 2009, Knesset member Nitzan Horowitz (Meretz) introduced a civil marriage bill which included provision for same-sex marriages.^[7] The bill was rejected in May 2012 in a 39 to 11 vote, with 70 not attending.^[8][9]

In June 2013, Hatnuah MKs, led by Justice Minister Tzipi Livni introduced a bill that would provide for civil marriage in Israel for both opposite-sex and same-sex couples.^[10] In October 2013, Yesh Atid MKs, led by Finance Minister, Yair Lapid, introduced a similar bill.^[11][12] On 8 July 2015, the Knesset rejected the bill proposed by Yesh Atid and a similar one proposed by Meretz. The Knesset voted 39-50 to reject the two bills.^[13] Additionally Tzipi Livni's bill was rejected by the Knesset on 22 February 2016 in a 40-47 vote.^[14]

Signs supporting same-sex marriage in Israel

Legal challenges

In November 2015, the National LGBT Taskforce of Israel petitioned the Supreme Court of Israel to allow same-sex marriage in Israel, arguing that the refusal of the rabbinical court to recognise same-sex marriage should not prevent civil courts from performing same-sex marriages. The court did not immediately rule against the validity of the petition.^[15]

Political support

Political parties represented in the Knesset as of 2015 that have expressed support for same-sex marriage include the following:^[16] Labor, Yesh Atid, Hatnuah, Meretz, Hadash and Kulanu.^[17]

• Likud: The official position has not been made clear. Bayit Yehudi opposes it on religious grounds.^[18] Individual Likud members, such as Moshe Ya'alon, Limor Livnat, Tzachi Hanegbi, Gila Gamliel, and Miri Regev, have expressed support for gay rights,^[19][20][21] and one of the party's members, Amir Ohana, is openly gay.^[22] Prime Minister Benjamin Netanyahu has not stated a position.^[23] On the electoral compass devised by Kieskompas for the 2015 election, Likud was categorized as "Tend to agree" with the statement "Same-sex marriage should be legalized."^[24]
• Israel Beytenu: Although the party is a vocal supporter of civil marriage in general, the official position on the subject of gay rights has not been made clear.^[18][20] On the electoral compass devised by Kieskompas for the 2015 election, Israel Beytenu was categorized as "Tend to disagree" with the statement "Same-sex marriage should be legalized."^[24]
• Jewish Home: The Jewish Home opposes same-sex marriage but is in favor of extending certain rights, such as tax breaks, to same-sex couples.^[18]
• Shas: Although the party is consistently conservative on matters of religion and state, Shas MK Ya'akov Margi told Jewish Pluralism Watch, in response to its question on gay rights, that "Israeli citizens' rights cannot be neglected, no matter what they think and how they behave in their personal lives."^[20]

After U.S. President Obama's endorsement of same-sex marriage in May 2012, opposition leader and Labor Party head Shelly Yachimovich, Vice Prime Minister Moshe Ya'alon of the governing Likud party,^[25][26] and many other ministers and parliament members of both the coalition and opposition announced that they agreed.^[27][28] President Shimon Peres also expressed support in 2013.^[29]

Following the General Elections of 2013, two same-sex marriage supporting parties entered the governing coalition: Yesh Atid and Hatnuah.

Meretz and Hadash have long had gay divisions. In 2009, Kadima, led by Tzipi Livni, became the first major party of the center to establish a gay division. Labor and Likud soon followed suit.^[30][31][32] Yesh Atid also has a gay division.

In February 2013, Mayor of Tel Aviv, Ron Huldai, expressed his support of same-sex marriage. In May 2015, Following Ireland's legalization of same-sex marriage through popular vote, Huldai reiterated his support, calling the government to act on the issue.^[33]

Public opinion

According to a poll conducted in August 2009, 61% of Israelis supported equal marriage rights for same-sex couples, with 31% opposed.^[34] Furthermore, 60% supported joint adoption by same-sex couples, with 34% opposed.^[34]

A June 2016 poll showed a record high 76% supporting same-sex marriage, including 46% of Religious Zionists and 16% of Haredi Jews.^[35]

See also

• LGBT rights in Israel

References