LGBT Rights in Israel - Other Court Rulings

Other Court Rulings

• The Supreme Court ruled that the partner of a gay employee at El Al, Israel's national airline, is entitled to free airline tickets just as the spouse of any heterosexual employee is.
• The Supreme Court recognized a lesbian as the adoptive mother of the four-year-old son of her same-sex partner, and ordered the Interior Ministry to register the adoption.
• An Israeli family court on March 17, 2002 turned down an application from a lesbian couple to have their partnership union declared legal. The couple was united in a civil ceremony in Germany. The women wanted the court to recognize their partnership as a civil marriage, under Israeli law. The court said that since the women are not recognized as a family under Israeli law, the court is not authorized to rule on their case. A government lawyer who was asked by the court to give a legal opinion on the case on behalf of the Israeli government said that the state objected to granting the request.
• On December 14, 2004, the Nazareth District Court ruled that same-sex couples have the same rights as married couples in inheritance rights. This ruling overturned a Family Court ruling that an elderly man from Kiryat Shmona was not entitled to spousal rights. The man had sought the estate of his late partner, with whom he lived for several decades. The Nazareth judges ruled that the term "man and woman" as spelled out in Israel's inheritance law also includes same sex couples. Judges Nissim Maman and Gabriela Levy, who issued the majority opinion, based their decision on a loose interpretation of the term "partner" as defined in other court rulings, such as those dealing with issues related to employee benefits, and thus applied the interpretation to the inheritance law. The acting president of the Nazareth District Court, Menachem Ben-David, issued the minority opinion, arguing that the legal text should not be interpreted "contrary to the lingual significance." A government spokesperson said the ruling will be appealed.
• In December 2004, the Tel Aviv District Court ruled that the government cannot deport the Colombian partner of a gay Israeli man. The 32-year-old Colombian entered Israel on a visitors visa which has long expired and the Interior Ministry had ordered him deported. His partner is an Israeli citizen and a soldier in the Israel Defense Forces. The couple filed an emergency petition with the Tel Aviv District Court. The men were represented by the Association for Civil Rights in Israel. Judge Uzi Vogelman ruled that the government had acted illegally in attempting to deport the man. In 1999 Supreme Court ruling established that the ministry could not deport foreign nationals married to Israeli citizens. Vogelman's decision extends that to apply to common-law marriages, including same-sex couples.
• In March 2008, Israel's Interior Ministry granted a gay Palestinian from Jenin a rare residency permit to live with his partner of 8 years in Tel Aviv after he said his sexuality put his life in danger in the West Bank.
• In 2012, an Israeli lesbian couple living in London won a case in an Israeli court preventing non-religious organisations from discriminating on ground of sexuality. Tal Ya'akovovich and Yael Biran were awarded NIS 60,000 (£9,500) against the Moshav Yad Hashmona events hall; their reservation at that hall had been cancelled when the owners realised the event was for a lesbian couple. The Jerusalem magistrates' court judge said that even though the function hall was run by religious people, the moshav company which owned it was not in itself religious, and so was not legally exempt. It was also held that sexual assault is not just sexual exploitation, but includes discrimination and humiliation on grounds of sexuality.
• In 2012, the first gay Israeli couple was granted a divorce by an Israeli family court. The divorce of Tel Aviv University Professor Avi Even, the first openly gay Knesset member, and Dr. Amit Kama was granted on Sunday by the Ramat Gan Family Court, according to Haaretz, which ordered the Interior Minister to register their status as divorced.