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Israel's Supreme Court rejects to recognise same-sex marriage

News Agencies | Updated on: 1 September 2017, 14:38 IST

The Supreme Court of Israel has rejected the demand of Jewish gay, lesbian, bisexual and transgender association to recognize same-sex marriage.

Justices Elyakim Rubinstein (former deputy to the president), Neal Hendel and Anat Baron rejected the claim that according to interpretations of the Basic Law: Human Dignity and Liberty, same-sex marriage should be recognized. They said there is no contradiction in the state's current position regarding this issue, the local media reported.

The justices added that it is up to the legislators, and not the High Court, to determine this matter.

It was stated in the verdict that because the Israeli law sees the rabbinical courts as the only authority when it comes to Jewish marriage in the country, the appeal is wrong in its basis because the High Court is a civil court, not a rabbinical one.

According to the Association, the Basic Law of Human Dignity and Liberty should be interpreted to allow same-sex marriage. At the very least, the petitioners claimed, the law not allowing same-sex marriage should not be constitutional.

"To all intents and purposes, Israeli civil law does not recognize same-sex marriage," the court said.

"Therefore, the petitioners' request to have the civil court rule on something under the jurisdiction of the rabbinical courts, which applies under certain conditions, is not applicable here. Instead, request is based on establishing as an essential precondition that marriage between two individuals of the same gender exists in Israeli law, and it does not," Jerusalem Post quoted Rubenstein ruling.

In Israel, there is no civil marriage and all marriages are performed under Jewish, Christian or Muslim auspices.

Rubenstein emphasized that the "law preservation" section of the Basic Law of Human Dignity and Liberty is specifically intended to preserve issues regarding personal status. Therefore, he said, you cannot call upon this law in order to assist the petitioners.


First published: 1 September 2017, 14:38 IST