Sunday, May 4, 2008

Legal Protections for Same Sexd Couples Under Israeli Law

In a decision that will likely be further reviewed, "The Tel Aviv Family Court rejected on Sunday the domestic violence suit of a man who claimed his male partner harassed him, on the grounds that according to the court's interpretation, Israeli law does not define same-sex couples as a legitimate family." Same Sex Couple Not Defined as Family, Jerusalem Post, May 4, 2008. What makes the decision interesting, and of potential relevance to law in the United States, was the basis of decision--grounded in both law and religion. The judge determined that the statute might not have been applicable. But his narrow interpretation might be open to question. More interesting was the constitutional aspect of the decision:

According to the judge, the problem lies in the wording of the law concerning the basic dignity and freedom of man. The first paragraph of the law states that human rights are to be respected according to the principles outlined in the proclamation of the state. The Declaration of Independence mandates "a Jewish state in the land of Israel that will be based on the principles of freedom, justice and peace, in the guiding light of the visions of the prophets of Israel." The prophets of Israel did not look favorably upon homosexual relationships.

Id. Stay tuned.

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