Same-sex marriage is not legal in Israel. The Israeli Government has registered same-sex marriages performed abroad for some purposes 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 2017, 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.
Contents
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, 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.
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.
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. This was a 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 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. The decision came in response to a lawsuit filed before the High Court of Justice by the Gay Fathers Association.
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. The bill was rejected in May 2012 in a 39 to 11 vote, with 70 not attending.
In June 2013, Hatnuah MKs, led by Justice Minister Tzipi Livni introduced a bill that would provide for civil unions in Israel for both opposite-sex and same-sex couples. In October 2013, Yesh Atid MKs, led by Finance Minister, Yair Lapid, introduced a similar bill. 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. Additionally, Tzipi Livni's bill was rejected by the Knesset on 22 February 2016 in a 40-47 vote.
Legal challenges
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 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. 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 legislature (Knesset), rather than the courts. The ruling has been delayed to an unknown date.
Political support
Political parties represented in the Knesset as of 2015 that have expressed support for same-sex marriage include the following: Labor, Yesh Atid, Hatnuah, Meretz, Hadash and Kulanu.
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, and many other ministers and parliament members of both the coalition and opposition announced that they agreed. President Shimon Peres also expressed support in 2013.
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. 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.
Public opinion
According to a poll conducted in August 2009, 61% of Israelis supported equal marriage rights for same-sex couples, with 31% opposed. Furthermore, 60% supported joint adoption by same-sex couples, with 34% opposed.
A June 2016 poll showed a record high 76% supporting same-sex marriage, including 46% of Religious Zionists and 16% of Haredi Jews.