Same-sex marriage in Israel
Encyclopedia
Same-sex marriage cannot legally be performed in Israel
, because only government-recognized religious authorities — all of whom disallow same-sex marriage — may officiate marriages. There are no provisions for civil or secular marriages in Israel. However, foreign marriages, including same-sex marriages, are recognized in Israel. Furthermore, like unmarried opposite-sex couples, same-sex couples in Israel can access nearly all of the rights of marriage in the form of unregistered cohabitation status, akin to common-law marriage. According to a 2009 poll, most of the Israeli population supports same-sex marriage.
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.
In February 2009 Knesset
member Nitzan Horowitz
introduced a same-sex marriage bill.
ordered the government to recognize same-sex marriages performed abroad. The case was filed by five male Israeli couples married in Canada
. The ruling dealt with the registration of the marriage in Israel, noting that it does not refer to the validity of those marriages.
Same-sex couples in Israel already enjoyed most of the rights of married couples, as do unmarried opposite sex couples; the decision allows married same-sex couples the same tax breaks as opposite-sex married couples, as well as the legal right to adopt children. Moshe Gafni
, an ultra-Orthodox MK, said that he would consider presenting a bill to the Knesset
to attempt to overturn the court ruling.
Same-sex wedding ceremonies without legal significance can already be conducted in Israel, 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 from Psalm 137
, "If I forget thee, O Jerusalem, let my right hand wither..." replaced "Jerusalem" with "Tel Aviv," Israel's most gay-accepting city.
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, because only government-recognized religious authorities — all of whom disallow same-sex marriage — may officiate marriages. There are no provisions for civil or secular marriages in Israel. However, foreign marriages, including same-sex marriages, are recognized in Israel. Furthermore, like unmarried opposite-sex couples, same-sex couples in Israel can access nearly all of the rights of marriage in the form of unregistered cohabitation status, akin to common-law marriage. According to a 2009 poll, most of the Israeli population supports same-sex marriage.
Attitudes
A poll conducted in August 2009 found that 61% of Israelis supported same-sex marriage, with 31% opposed. Furthermore, 60% supported joint adoption by same-sex couples, with 34% opposed.Marriage in Israel
The religious authority for Jewish marriages is the Chief Rabbinate of IsraelChief Rabbinate of Israel
The Chief Rabbinate of Israel is recognized by law as the supreme halakhic and spiritual authority for the Jewish people in Israel. The Chief Rabbinate Council assists the two chief rabbis, who alternate in its presidency. It has legal and administrative authority to organize religious...
and there are parallel authorities for Christians, Muslims and Druze
Druze
The Druze are an esoteric, monotheistic religious community, found primarily in Syria, Lebanon, Israel, and Jordan, which emerged during the 11th century from Ismailism. The Druze have an eclectic set of beliefs that incorporate several elements from Abrahamic religions, Gnosticism, Neoplatonism...
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.
In February 2009 Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
member Nitzan Horowitz
Nitzan Horowitz
Nitzan Horowitz is an Israeli journalist and politician. He was the Foreign Affairs commentator and head of the International desk at News 10, the news division of Channel 10, before being elected to the Knesset on the New Movement-Meretz list in 2009....
introduced a same-sex marriage bill.
Recognition of foreign marriage
On November 21, 2006 the Supreme Court of IsraelSupreme Court of Israel
The Supreme Court is at the head of the court system and highest judicial instance in Israel. The Supreme Court sits in Jerusalem.The area of its jurisdiction is all of Israel and the Israeli-occupied territories. A ruling of the Supreme Court is binding upon every court, other than the Supreme...
ordered the government to recognize same-sex marriages performed abroad. The case was filed by five male Israeli couples married in Canada
Same-sex marriage in Canada
On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...
. The ruling dealt with the registration of the marriage in Israel, noting that it does not refer to the validity of those marriages.
Same-sex couples in Israel already enjoyed most of the rights of married couples, as do unmarried opposite sex couples; the decision allows married same-sex couples the same tax breaks as opposite-sex married couples, as well as the legal right to adopt children. Moshe Gafni
Moshe Gafni
Moshe Gafni is an Israeli politician and Member of the Knesset for the ultra-orthodox party Degel HaTorah.-Biography:Born in Bnei Brak, Gafni was educated in a yeshiva and later worked as head of a Kollel, avoiding national service in the IDF...
, an ultra-Orthodox MK, said that he would consider presenting a bill to the Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
to attempt to overturn the court ruling.
Same-sex wedding ceremonies without legal significance can already be conducted in Israel, 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
Tel Aviv
Tel Aviv , officially Tel Aviv-Yafo , is the second most populous city in Israel, with a population of 404,400 on a land area of . The city is located on the Israeli Mediterranean coastline in west-central Israel. It is the largest and most populous city in the metropolitan area of Gush Dan, with...
Pride Parade; five couples were married by Mayor Ron Huldai
Ron Huldai
Ron Huldai is an Israeli politician, academic administrator, former fighter pilot and current mayor of Tel Aviv. He was born in 1944 in Hulda to Polish parents from Łódź. He is a history graduate of Tel Aviv University, Auburn University Montgomery , the U.S...
. The traditional verse from Psalm 137
Psalm 137
Psalm 137 is one of the best known of the Biblical psalms. Its opening lines, "By the rivers of Babylon..." have been set to music on several occasions....
, "If I forget thee, O Jerusalem, let my right hand wither..." replaced "Jerusalem" with "Tel Aviv," Israel's most gay-accepting city.
See also
- Unregistered cohabitation in Israel
- Marriage in IsraelMarriage in IsraelMarriages in Israel can only be performed under the auspices of the religious community to which couples belong. Matrimonial law is based on the Millet or confessional community system employed in the Ottoman Empire, which was not modified during the British Mandate and remains in force in the...
- LGBT rights in Israel