Why is gay marriage illegal in israel

Same-sex marriage cannot legally be performed in Israel. Israeli law allows same-sex marriages performed elsewhere to be registered, but not recognized based upon a Israeli Supreme Court decision which stated: [24] Before we conclude, let us reemphasize what it is that we are deciding today, and what it is that we are not deciding today.

Gay marriage is not actually illegal in Israel. There simply isn’t any institution empowered to carry it out. Although same-sex marriages cannot be legally performed in Israel, those carried out elsewhere can be registered but not officially recognized based on a Israeli Supreme Court decision. The Israeli government has taken several steps to ensure that the LGBT community enjoys equal rights.

Report from Israel: Registration of Same-Sex Marriage -

Same-sex marriage is not legal in Israel. Still, like other couples not recognized by the country’s religious establishment, LGBTQ couples can access the legal benefits of marriage. Same-sex marriage, therefore, has no formal place in Israel. The legal system, however, has shown flexibility mainly through Supreme Court decisions recognizing obligations and benefits to same-sex couples.

The Court thus held that as part of the statistical registration capacity of the population registry, the registration clerk must register in the population registry that the couples are married, in accordance with the public record presented to him. The Court agreed but recalled that the question before it is not whether same-marriage can be conducted in Israel.

A decision this week by a family court in the Tel Aviv area "determined that the marriage should be ended" between former Israeli lawmaker Uzi Even, 72, and his partner of 23 years, Amit Kama, 52, their lawyer, Judith Meisels, said on Tuesday. However, the Berner-Kadish decision itself is why is gay marriage illegal in israel pending a further hearing which the Court agreed to conduct on the matter before an expanded panel.

But it noted that the state's argument about a non-recognized "legal format" is actually an attempt to address the question of personal status. While Israel's Interior Ministry still has the power to try and veto the decision, it would likely have to go court in order to do so, Meisels said. Latest Stories U. Same sex marriages are performed in Israel, but they have no formal legal status.

In reality, in daily life, these couples are treated as marriage for all practical purposes. Nevertheless, the opinions expressed in the article are his own and should not be attributed to the Association for Civil Rights in Israel. Minister of the Interior that mandated the registration of two mothers to a child who was adopted by his mother's same-sex partner in California.

The system of the continued use of religious law and the existence of religious courts perpetuates gender inequality in Israel. Although marriage and divorce are always controlled by religious courts and religious law, [12] there are also considerations such as property ownership, alimony, and child support.

This, held the Court, stands contrary to current doctrine, and the registration sphere should not be the area why is gay marriage illegal in israel legal struggle about personal status is conducted. In addition to being discriminatory, the system is inefficient. By winning a ruling from a civil court, Kama and Even may have also set a precedent for Israeli heterosexual couples, who until now have had to have rabbis steeped in ancient ritual handle their divorces, legal experts say.

The validity of the marriage, held the Court, is not within the scope of issues to be considered by the population registry clerk. Aeyal Gross www. Later the Court held in C. Sections U. Given that the decision was given in an expanded panel of seven judges, a further hearing by the Court is not an option in this case. The Court agreed and cited what it called a "partial list" of such rights recognized by courts, including inheritance rights and other social rights.

Get more news Live on. But they wanted to keep some of the classic Jewish traditions including the toasts, the giant chuppah — or canopy representing "home" — and the stomping on glasses. A registration as married in the ID card my take this burden off them — for those who can and wish to take the burden and expenses entailed in marrying abroad.

Notably all five couples who petitioned the Court were male couples, maybe not a surprising fact given that women on average earn less than men. Women also cannot officiate Jewish marriages, which must be done by a rabbi.

Leave a Reply Cancel reply You must be logged in to post a comment. Legal experts see the ruling as a precedent in the realm of gay rights in a country where conservative family traditions are strong and religious courts oversee ceremonies like marriages, divorces and burials.