LGBT group petition Israel’s High Court for equal marriage
By Ben Kelly
A petition calling for equal marriage has been presented to the High Court in Israel by the Aguda, an NGO also referred to as the National LGBT Task Force. It is the first time a petition of its kind has been presented, and the court has not ruled yet against its validity.
The religious authority for Jewish marriage in Israel is the Chief Rabbinate, with parallel authorities for a total of 15 other religions. They all regulate marriage and divorces within their own communities, but currently all oppose same sex marriage. Lawyers for the group argue that the High Court has the authority to approve marriages in civil court.
Oded Fried, executive director of The National LGBT Task Force, said that the group has submitted the petition because marriage should be a fundamental right available to all. “The reality we live in is absurd; on the one hand, the rabbinical courts do not recognize same-sex marriages, and on the other hand, are reluctant to give up the exclusive jurisdiction to recognize them,” he said. “It’s time for members of the LGBT community to be citizens with equal rights. We demand that the state provide the basic and fundamental right to exercise our love for whomever we choose, and require legislation to allow gay marriage in Israel.”
Chen Arieli and Imri Kalman, joint-chairmen of the group said: “The legal situation in which the rabbinical courts do not recognize their right to marry same-sex couples, while at the same time no other court is allowed to do so is unfair. It is a distortion of justice and a terrible and grave violation of individual rights, and our appeal is trying to fix this.”
Same sex couples in Israel do currently have access to a form of unregistered cohabitation status, but a poll conducted in 2013 by the Haaretz newspaper showed that 70% of Israelis supported same sex marriage. Several of the country’s political parties, including Labor, support same sex marriage, while others – like Prime Minister Netanyahu’s Likud – are LGBT friendly, but have not confirmed their stance on the matter.