Same-sex family unions in Israeli law

Abstract

Palestine Gazette 898, supplement 2, 459, included also the Jewish Community, which ceased to be organized as such upon the establishment of the State of Israel. 4 § 7, Women's Equal Rights Law, 5711-1951: 'All courts shall act in accordance with this Law; a tribunal competent to deal with matters of personal status shall likewise act in accordance therewith, unless all the parties are eighteen years of age or over and have consented before this tribunal, of their own free will, to have their case tried according to the laws of their community'; § 13(b), Spouses (Property Relations) Law, 5733-1973: 'In a matter dealt with by the Law, a religious court shall act in accordance with the provisions of this Law unless the parties have agreed before such court to litigate in accordance with religious law.' 5 Cf., e.g., HCJ 1000/92 Bavli v. The Great Rabbinical Court, 48(2) PD (Pisqei Din, Collection of Judgments of the Israel Supreme Court) 221. In that case the Supreme Court held that: (1) the Rabbinical Court must take account of the equality between men and women and, consequently, it can no more apply the Jewish law rules which would have deprived the wife of most of the property acquired during the marriage; (2) Furthermore, the Rabbinical Court must recognize property rights acquired under Israeli civil law and protected under Israeli Constitutional Law, and cannot apply Jewish law to derogate from such rights. Cf. P. Shifman, 'The Rabbinical Courts-Where are They Heading?', 1994 Mishpat Umimshal-Law and Government in Israel 2, pp. 523 et seq.

Obstetricians and gynecologists: Which characteristics do Israeli lesbians prefer?

“…Nevertheless, Israeli lesbians do not enjoy equal rights, and their rights are determined by means of specific courtroom decisions and in specific cities . In 2005, one groundbreaking decision ruled that a lesbian spouse could officially adopt a child born to her current partner who had conceived by artificial insemination from an anonymous sperm donor . As of 2006, Israeli law recognizes same‐sex marriages performed elsewhere .…”

“…In 2005, one groundbreaking decision ruled that a lesbian spouse could officially adopt a child born to her current partner who had conceived by artificial insemination from an anonymous sperm donor . As of 2006, Israeli law recognizes same‐sex marriages performed elsewhere . Recent publications, however, have demonstrated the need for Israeli lesbians to acquire high‐quality medical care and the avoidance of routine health care by Israeli lesbians for the same structural and personal reasons as lesbians in the USA and other Western countries …”

“…44 As of 2006, Israeli law recognizes same-sex marriages performed elsewhere. 44 Recent publications, however, have demonstrated the need for Israeli lesbians to acquire highquality medical care and the avoidance of routine health care by Israeli lesbians for the same structural and personal reasons as lesbians in the USA and other Western countries. 45,46 The inverse association between a lesbian's high level of risk factors and the low level of receiving medical care is an important issue.…”

What comparative family law should entail

“…Italy, comprehensively analyzed by Matteo Bonini Baraldi, 110 where bills to introduce a same-sex registration scheme have been submitted to parliament; Portugal, extensively investigated by Rosa Martíns, 111 where a request of a same-sex couple to enter into marriage currently is under revision of the constitutional court and finally, Israel, critically scrutinized by Talia Einhorn,112 where the Supreme Court has ordered to enter a same-sex marriage concluded abroad into the population registry, whereas under Israeli substantive law same-sex couples cannot obtain a…”