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Israel’s Supreme Court rejects same-sex marriage petition

The Supreme Court told The Israeli Gay, Lesbian, Bisexual and Transgender Association that is was up to legislators to change the marriage law.

Two participants are kissing during the parade. Some 200,000
TEL AVIV, ISRAEL - 2017/06/09: Two participants are kissing during the parade. Source: LightRocket (Photo by Laura Chiesa/Pacific Press/LightRocket via Getty Images)

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By Michaela Morgan


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The Supreme Court in Israel has rejected a petition from a local LGBT+ rights organisation calling for same-sex marriage to be legalised. 

The Israeli Gay, Lesbian, Bisexual and Transgender Association (IGLBT) argued that the current marriage legislation is unconstitutional and that marriage equality should be granted in accordance with the Basic Law of Human Dignity and Liberty. 

The verdict handed down by the court said: “Essentially, the petitioners are asking from the court to recognise same-sex marriage via legislation, despite the fact that they are not recognised by Israeli law.

“On the matter of recognising marriage that was not conducted in accordance to the religious law – including same-sex marriage – it was ruled [by the court] in the past that it is better that the issue be determined by the legislative branch.”

The justices noted that while marriage equality was reached in the United States following the historic Obergefell v. Hodges Supreme Court ruling—most countries including Canada, France, Spain and New Zealand made the decision in Parliament. 

Chen Arieli from IGLBT told the Jerusalem Post that the decision was disappointing.

“The history of the LGBT struggle in Israel shows the importance of legal precedences, and we can only be sorry about this decision,” she said.

“However, it is important to read between the lines and see the message from the justices’ decisions,” she added. “It indicates unequivocally on the discrimination and the injustice in the current situation.”

The Times of Israel reported that 79 per cent of Israelis support same-sex marriage, according to a survey conducted before Tel Aviv Pride celebrations this year.