Recognition of same-sex unions in Israel

Same-sex marriage is not legal in Israel. The Israeli Government has registered same-sex marriages performed abroad for some purposes since 2006. However, marriages performed in Israel are only available from one of the 15 religious marriage courts recognized by the state, none of which 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 marry outside Israel, in a jurisdiction where such marriages are legal, and then register upon returning home, though these are not treated as marriages by Israel.[1] Cohabitating same-sex and inter-faith couples in Tel Aviv may register as married in that city.[2]

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Main article: Marriage in Israel

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,[1] 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]

On 4 June 2019, as a protest against the lack of legal recognition of same-sex unions, 23 same-sex couples held an unofficial mass wedding in Tel Aviv.[5][6][7]

Foreign marriages

Same-sex marriages performed abroad in a jurisdiction where such marriages are legal 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.[8]

The ruling was strongly condemned by conservative politicians, including by United Torah Judaism MK Moshe Gafni, who called the ruling "the destruction of the family unit in the state of Israel".[9]

In December 2012, a Ramat Gan family court granted a same-sex married couple a legal divorce.[10] This was the first decision of its kind, setting a non-binding precedent.

In December 2016, Attorney General Avichai Mandelblit issued an instruction to Israel's Interior Ministry to consider applications for citizenship by same-sex and opposite-sex couples equally under the same terms. The same-sex spouse of an Israeli will now be able to claim Israeli citizenship at the same speed as an opposite-sex spouse. Previously, same-sex couples had to wait up to seven years, and would generally only be granted permanent residency rather than citizenship. The process was far quicker for opposite-sex couples.[11] The decision came in response to a lawsuit filed before the High Court of Justice by the Gay Fathers Association.

In June 2020, it was reported that Tel Aviv will explicitly recognize both civil unions and same-sex marriage from outside Israel.[12]

Same-sex marriages solemnised overseas are not recognised by religious authorities in Israel.

Statistics

In 2018, more than 400 same-sex couples registered their foreign weddings in Israel.[13][14]

Unregistered cohabitation
Main article: Unregistered cohabitation in Israel

Despite the fact that same-sex marriage (or opposite-sex civil marriage) is not legal in Israel, unmarried same-sex and opposite-sex couples have equal access to many of the rights of marriage in the form of "unregistered cohabitation" (Hebrew: זוגיות לא-רשומה; Arabic: المساكنة غير المسجلة) status, similar to common-law marriage.

Legislation

In February 2009, MK Nitzan Horowitz (Meretz) introduced a civil marriage bill which included provisions for same-sex marriages.[15] The bill was rejected in May 2012 in a 39 to 11 vote, with 70 not attending.[16][17]

In March 2010, the Knesset passed the Civil Union Law for Citizens with no Religious Affiliation, 2010 (Hebrew: חוק ברית הזוגיות לחסרי דת, תש"ע-2010;[18] Arabic: قانون الاتحاد المدني للمواطنين عديمي الانتماء الديني، 2010). The law allows opposite-sex couples to form a civil union in Israel if they are both registered as officially not belonging to any religion.[19] In October 2012, the Supreme Court upheld the validity of the law.[20] By 2016, only 121 couples had entered into civil unions.[21]

In June 2013, Hatnuah MKs, led by Justice Minister Tzipi Livni, introduced a bill that would have provided for civil unions in Israel for both opposite-sex and same-sex couples.[22] In October 2013, Yesh Atid MKs, led by Finance Minister Yair Lapid, introduced a similar bill.[23] Meretz MK Zehava Gal-On introduced a civil marriage bill which included provisions for same-sex marriages.[24]

On 8 July 2015, the Knesset rejected the civil union bill proposed by Yesh Atid and the civil marriage bill proposed by Meretz. The Knesset voted 39-50 to reject the two bills.[24] Hatnuah's bill was rejected by the Knesset on 22 February 2016 in a 40-47 vote.[25]

A same-sex marriage bill failed in the Knesset in June 2018 by three votes, 42 to 39. The bill's sponsor, MK Stav Shaffir from The Zionist Union, blamed its failure on MKs from the Coalition Government who promised publicly that they would vote in favor, but instead chose to vote against or abstain from voting.[26][27][28] The vote happened shortly after an estimated 250,000 people marched in the Tel Aviv Pride parade and an opinion poll found a large majority of Israelis in support of same-sex marriage.[29]

Signs supporting same-sex marriage in Israel

In November 2015, the National LGBT Taskforce of Israel petitioned the Supreme Court to allow same-sex marriage in the country, arguing that the refusal of the rabbinical court to recognize 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.[30] In January 2017, at a public hearing and in its capacity as the High Court of Justice, two justices of the court implied the issue of civil and same-sex marriage is the responsibility of the Knesset, rather than the courts.[31] The court handed down its ruling on 31 August 2017, determining the issue was the responsibility of the Knesset, and not the judiciary.[32]

Knesset recognition of same-sex partners

After the April 2019 elections and the election of a record five openly LGBT MKs, it was announced that the Knesset would amend "husband and wife" to "couple" on all its official documents, and would grant more rights to partners of LGBT legislators, such as permanent entry passes to the Knesset, authorization to drive Knesset-issued cars assigned to their partners, and invitations to all official ceremonies and events.[33]

Political support

Political parties and alliances represented in the Knesset as of 2020 that have expressed support for same-sex marriage include Blue and White,[34] Labor-Gesher-Meretz,[34] Kulanu, Yesh Atid and Hadash.[35][36] Some former parties, such as Hatnuah, also supported same-sex marriage.

  • Likud: The official position has not been made clear. Individual Likud members, such as Limor Livnat, Sharren Haskel, Tzachi Hanegbi, Gila Gamliel and Miri Regev, have expressed support for gay rights,[37][38][39] and one of the party's members, Amir Ohana, is openly gay.[40] Prime Minister Benjamin Netanyahu has not stated a position on same-sex marriage, though he has expressed support for LGBT rights.[41][42] 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".[43] Kulanu supports same-sex marriage.
  • Yisrael Beiteinu: 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.[44][38] On the electoral compass devised by Kieskompas for the 2015 election, Yisrael Beiteinu was categorized as "Tend to disagree" with the statement "Same-sex marriage should be legalized".[43]
  • The Jewish Home: The party opposes same-sex marriage on religious grounds,[44] but is in favor of extending certain rights, such as tax breaks, to same-sex couples.[44]
  • 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."[38] In September 2017, Shas MK Yigal Guetta resigned from the Knesset under pressure from rabbis after attending the marriage of his gay nephew.[45]
  • United Torah Judaism: The party opposes same-sex marriage and LGBT rights more broadly.[46]
  • Labor-Gesher-Meretz: The alliance, composed of Meretz, the Israeli Labor Party and Gesher, supports same-sex marriage. In 2019, the Labor Party made the legalization of same-sex marriage a condition for joining a coalition government.[47]
  • Blue and White: The political alliance supports LGBT rights. Ahead of the September 2019 election, MK Yair Lapid stated that the alliance would legalize same-sex marriage should it be elected to government.[48]
  • Yesh Atid: The party supports same-sex marriage.[34]
  • Joint List: Although the faction has no official stance on LGBT rights, leader Ayman Odeh has expressed support for same-sex marriage.[34] Hadash, one of the parties forming the alliance, explicitly supports same-sex marriage.
  • Yamina: The bloc composed of the New Right and Tkuma opposes same-sex marriage.[34]

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,[49][50] and many other ministers and parliament members of both the coalition and opposition announced that they agreed.[51][52] Former President Shimon Peres also expressed support for same-sex marriage in 2013.[53]

Following general elections in 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.[54][55][56] 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 on the Knesset to act on the issue.[57]

Public opinion

According to a poll conducted in August 2009, 61% of Israelis supported equal marriage rights for same-sex couples, with 31% opposed.[58] Furthermore, 60% supported joint adoption by same-sex couples, with 34% opposed.[58]

A June 2016 poll showed 76% supporting civil unions or same-sex marriage, including 46% of Religious Zionists and 16% of Haredi Jews.[59]

A Rafi Smith Institute poll conducted in June 2017 asked Israelis: "Do you think same-sex couples should be permitted to marry or have civil unions in Israel?" In total, 79% expressed support for either same-sex marriage or civil unions. When divided by political affiliation, 100% of Meretz and Zionist Union (Labor and Hatnuah) voters were in favour of recognizing same-sex unions, 94% of Yesh Atid voters were in support, 90% of Kulanu voters, 84% of Likud voters, 83% of Yisrael Beiteinu voters and 65% of The Jewish Home voters. A majority of Shas and United Torah Judaism voters were against recognizing same-sex unions. The margin of error was 4.5%.[60][61][62]

A June 2018 survey found that 58% of Israelis were in favour of same-sex marriage. Additionally, 59 Knesset members (MKs) responded to the survey. Of these, 47 expressed support for same-sex marriage, while the remaining 12 expressed opposition. When divided by political parties, all Meretz and Labor lawmakers responded and answered "yes" when asked if they support same-sex marriage. 4 Likud lawmakers expressed support, while 2 said they were opposed; the remaining didn't answer. Kulanu had two supportive MKs, with the rest not responding. The Jewish Home, Shas and United Torah Judaism together had 5 opposed MKs and none in favour. The Joint List had two in support, five in opposition and six who didn't answer. No Yisrael Beiteinu lawmaker responded to the survey.[29] LGBT activists subsequently urged the Knesset to act on the issue and legalise same-sex marriage, as "there is broad public support".

An opinion poll conducted by Hiddush and published in June 2019 showed that 78% of Israelis supported same-sex marriage or partnerships. Asked "In your opinion, should couples of the same sex be allowed to marry or register as partners in Israel?", 78% answered positively, whereas 22% objected to the idea. Broken down by level of religiosity, 93% of secular Jews and 54% of religious Jews expressed support. When asked "Assuming that same-sex marriages or partnerships are instituted in Israel, do you think that such couples should enjoy all the rights of a married couple consisting of a man and a woman?", 73% were in support, 9% believed only some rights should be granted, while 19% were opposed to any rights. The poll had a margin of error of 4.5%.[63]

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See also

References
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  3. Kraft, Dina (June 16, 2009). "Can gay friendliness boost Israel's image?". JTA.
  4. Mitnick, Joshua (August 4, 2009). "Gay Israelis reeling after shooting attack". JTA.
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  6. "23 couples 'tie the knot' at staged mass wedding to advocate for gay rights". The Times of Israel. 4 June 2019.
  7. "Gay Israelis hold mass wedding to campaign for same-sex unions". The Guardian. 4 June 2019.
  8. "Israeli Minister backs down on definition of marriage". Archived from the original on September 14, 2007.
  9. Brenner, Yermi (18 November 2010). "Gay Couples Bypassing Conservative Marriage Laws".
  10. "In precedent-setting ruling, court allows gay couple to untie the knot".
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  13. "World of Weddings: Israeli same-sex couples find legal loophole for marriage". CBS. 5 December 2019.
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  17. Harkov, Lahav (16 May 2012). "Knesset rejects marriage equality bill". The Jerusalem Post. Archived from the original on 22 May 2012.
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  21. Expected progress towards civil unions not realized
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  23. Rudoren, Jodi (29 October 2013). "Centrist Party in Israel Introduces Civil Union Measure". The New York Times.
  24. "Knesset shoots down civil union bills". The Jerusalem Post. 8 July 2015.
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  28. Baruch, Hezki (8 June 2018). "Arab MKs skip vote on recognizing gay marriage". Israel National News.
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  39. Ilan Lior, Promises, promises: Israeli parties woo LGBT voters, Haaretz, 11 March 2015
  40. Likud's First Openly Gay Lawmaker to Be Sworn in Following Silvan Shalom's Resignation Haaretz, 21 December 2015
  41. Ilan Lior and Haaretz (February 6, 2015). "Israeli defense minister tells LGBT crowd he backs marriages for all". Haaretz.
  42. NETANYAHU VOICES SUPPORT FOR GAY RIGHTS ON KNESSET LGBT DAY
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  50. Ya'alon supports recognition of same-sex marriage, Jerusalem Post, May 14th, 2012
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  52. Obama gay marriage remarks spark debate among Israeli MKs, ministers, Ha'aretz, May 11th, 2012
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  54. Mazal Mualem (June 10, 2013). "Israeli Politicians Address Gay Pride at Parade". Al-Monitor.
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  60. "Israeli support for gay marriage is at an all-time high".
  61. "79% of Israelis back gay marriage or civil unions".
  62. WIDE SUPPORT FOR GAY MARRIAGE AS ISRAEL CELEBRATES PRIDE
  63. Alon Einhorn (6 June 2019). "54% OF RELIGIOUS JEWS SUPPORT GAY MARRIAGE, PARTNERSHIP". The Jerusalem Post.
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