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Colombian same-sex couples seek legal recognition

Gays and lesbians petition for civil marriages amid legal confusion

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Colombia, Senate, gay news, Washington Blade

Colombia, Senate, gay news, Washington Blade

The Colombian Senate (Washington Blade photo by Michael K. Lavers)

Same-sex couples in Colombia on Thursday began to seek legal recognition of their relationships amid lingering confusion over whether they can now marry in the South American nation.

Gays and lesbians approached notaries and judges across the country with the hope they would be able to enter into a civil marriage. These include three same-sex couples who submitted paperwork to a municipal civil court in BogotĆ”, the Colombian capital, seeking the ability to tie the knot.

ā€œThere are many couples like us in this country who have found their relationships have reached the point of committing themselves in civil marriage,ā€ Elizabeth Castillo, who has been with her partner, Claudia Zea for four years, said during a press conference outside the court. ā€œFor gay people to marry is an act of valor.ā€

ā€œWe are very happy that Colombia considers everyone equal,ā€ Carlos Rivera told Caracol TelevisiĆ³n after he and his partner Gonzalo RuĆ­z filed their paperwork in the same BogotĆ” court.

Colombiaā€™s Constitutional Court in 2011 ruled gays and lesbians can legally register their relationships on June 20 if the countryā€™s lawmakers failed to extend to them the same benefits heterosexuals receive through marriage. The Colombian Senate in April overwhelmingly rejected a measure that would have allowed same-sex couples to tie the knot in the South American country.

It remains unclear whether gays and lesbians can actually tie the knot in Colombia because the courtā€™s ruling did not contain the word “marriage.” The judges instead said same-sex couples could go before a notary or a judge to ā€œformalize and solemnize their contractual link.ā€

The Colombian newspaper El Tiempo on Thursday reported that Attorney General Eduardo Montealegre Lynett said notaries and judges are free to interpret the courtā€™s decision because there is no law that specifically addresses the issue of relationship recognition. Inspector General Alejandro OrdoƱez Maldonado and other Colombian officials have said the 2011 ruling did not extend the possibility of marriage rights to same-sex couples.

Some notaries had said before the June 20 deadline that they would not marry same-sex couples, but rather allow them to enter into a ā€œsolemn contractā€ that is similar to an agreement into which two people enter when they buy a house together.

Caracol TelevisiĆ³n interviewed a gay man in Cali earlier on Thursday who said the notary he and his partner approached offered them a “solemn contract” because he claimed he could not marry them.

ā€œThis in the view of Colombia Diversa does not comply with the Constitutional Courtā€™s order,ā€ Marcela SĆ”nchez Buitrago, executive director of Colombia Diversa, an LGBT advocacy group, told the Blade on Tuesday.

Colombia Diversa has advised same-sex couples who are denied a civil marriage to challenge the decision in court.

Historic day for Colombian LGBT rights advocates

In spite of lingering questions over how to interpret the courtā€™s decision, LGBT rights advocates described Thursday as a historic day in Colombia.

ā€œCongratulations to all those who took part in this fight for marriage equality in Colombia,ā€ Colombia Diversa said in a Tweet earlier in the day.

Rivera described the arrival of the courtā€™s deadline to Caracol TelevisiĆ³n as ā€œthe first step.ā€

Wilson CastaƱeda Castro, director of Caribe Afirmativo, an LGBT advocacy group that works in cities along Colombiaā€™s Caribbean coastline, told the Blade the fight for nuptials for gays and lesbians in the country will continue.

ā€œThey (notaries and judges) are proposing a ā€˜solemn contractā€™ and we are not,ā€ he said. ā€œWe are only accepting marriage.ā€

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World

Out in the World: LGBTQ news from Asia and Europe

11 same-sex couples applied to register marriages in South Korea

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(Los Angeles Blade graphic)

SOUTH KOREA

Eleven same-sex couples have applied to register their marriages in what the group are saying is the first step in a legal challenge for same-sex marriage rights in South Korea.Ā 

The couples had their marriage applications rejected by the local district offices, so they filed objections with the local courts. The couples allege that the current law, which bans same-sex marriage, violates their constitutional rights to equality, and the pursuit of happiness.

Among the couples pursuing the cases is Kim Yong-min and So Sung-wook, who earlier this year won a case at the Supreme Court seeking to require the government to provide health benefits to same-sex partners. The National Health Insurance Service has, however, continued to deny claims by same-sex couples in defiance of the ruling, saying that there are no clear legal standards of what constitutes a same-sex couple.

South Korea does not have any legal framework for recognizing same-sex couples, and the country lacks national-level discrimination protections for LGBTQ people. Legislators have also tended to be hostile to queer rights, with the Seoul Queer Culture Festival facing repeated bans from the city government.

The courts have also taken an inconsistent view on LGBTQ rights. In 2022, the Supreme Court severely curtailed a law that banned soldiers from having same-sex intercourse, a ruling that was overturned the following year by the Constitutional Court, a co-equal top court of South Koreaā€™s judicial system. 

CYPRUS

The Cypriot parliament began debate this week on a bill that would stiffen existing penalties for hate crimes, following a string of violent attacks on LGBTQ people on the island over the past year.

The bill would raise the maximum penalty for anti-LGBTQ hate crimes from three years to five years in prison and double the maximum fine to ā‚¬10,000 ($10,924.35.)

The bill comes after more than 10 anti-gay attacks have been reported to police on the Mediterranean island of 1 million people this year alone. 

Last month, a gay man claimed he was assaulted by a security guard outside a Limassol nightclub. 

Last year, police issued arrest warrants for five students at Limassolā€™s Technical University of Cyprus, alleging they threw smoke bombs into an on-campus event hosted by Accept-LGBTI, the countryā€™s leading queer advocacy group, then vandalized the room and assaulted a student attendee.

Separately, the government approved the drafting of the countryā€™s first National Strategy for LGBTQ people.

The strategy will be drafted by the countryā€™s human rights commissioner with representatives from the ministries of justice, education, interior, and health, as well as representatives from Accept-LGBTI and academia.

The goal of the strategy is to align Cyprusā€™s legislation with European Union directives, addressing discrimination, ensuring equality and security, and promoting an inclusive society for the LGBTQ community.

Currently, Cyprus lacks comprehensive anti-discrimination protections for LGBTQ people and does not have a straightforward process for transgender people to update their legal gender, both of which are increasingly norms expected of EU members. The state also does not allow same-sex marriage or adoption, although neighboring Greece legalized both earlier this year.

NETHERLANDS

The Dutch governmentā€™s statistics bureau released a report on National Coming Out Day that estimates that LGBTQ people make up approximately 18 percent of the countryā€™s population, or approximately 2.7 million people.

The estimate is drawn from a study the bureau conducted last year on safety and criminality, which also asked its 182,000 participants about their gender identity and sexual orientation.

The study found that bisexual people make up by far the largest cohort of the countryā€™s LGBTQ community, with 1.7 million people, or just over 11 percent of the population, with about 20 percent more bisexual women than men. Conversely, gay men make up about 1.8 percent of the population, while lesbians account for 0.7 percent of the population

Asexuals make up just under 2 percent of the population, while just over 1 percent identified as some other non-heterosexual orientation or said they didnā€™t yet know their sexual orientation.

About 1 percent of the population is estimated to be trans or nonbinary, just under 200,000 people. The study estimated the intersex population at about 45,000, or 0.3 percent of the population.

The study found that LGBTQ people tended to be younger and more likely to live in urban areas than the general population. It also found that the proportion of LGBTQ people born outside the Netherlands was slightly higher at 17 percent, compared to the general population, at 14 percent.

GERMANY

The German government has announced it plans to update adoption law to recognize co-maternity for lesbian couples and allow unmarried couples to adopt.

The government says the new law will recognize modern realities of adoption and procreation.

Married same-sex couples have had the right to jointly adopt since same-sex marriage became legal in Germany in 2017. However, current law still presents challenges for some couples. 

For example, when a lesbian couple conceives a child through assisted reproduction, the non-birthing parent is not automatically recognized as a parent, and must go through a legal process to adopt their own child.

The proposed law will address that issue, but it will not address male couples who conceive a child using a surrogate, as German law currently only recognizes single paternity.

The Federal Constitutional Court delivered a ruling earlier this year that opened the door to legal recognition of multi-parent families, although it gave legislators until June 2025 to figure out how that would work. The draft law, however, states that children will continue to have only two legal parents.

ā€œThe hassle of stepchild adoptions for two-mother families must be brought to an end. After all, children from rainbow families have a right to two parents from birth, and regardless of their gender,ā€ says Patrick Dƶrr, a board member of the Queer Diversity Association, Germanyā€™s largest LGBTQ advocacy group, in a statement to German newspaper DW.

The proposal would also allow more flexibility in adoptions, by allowing unmarried couples to jointly adopt. Under current law, if a couple is unmarried, only one person will be legally recognized as the adopted childā€™s parent.

The draft bill is now out for consultations with Germanyā€™s state governments.

HONG KONG

Hong Kongā€™s Court of Final Appeal heard a case seeking to establish that same-sex couples can inherit property from each other last week, the latest same-sex couplesā€™ rights case to reach the cityā€™s top court. 

Last month, the Court of Final Appeal heard a case challenging the city governmentā€™s unequal treatment of same-sex couples seeking access to social housing. Both cases come after a 2023 ruling that found the government must give legal recognition to same-sex couples by a 2025 deadline.

The inheritance case was filed in 2019 by Edgar Ng, after he learned that his husband Henry Li could not inherit his government-subsidized apartment without a will. Ng passed away in December 2020, and Li has continued the case.

The governmentā€™s attorney told the court that the city does not recognize Ng and Liā€™s overseas marriage, and that they differ from a heterosexual married couple because heterosexual couples have a legal responsibility to financially support each other. The governmentā€™s position is that the court should not address inheritance rights until the government creates a framework for registering same-sex couples, as that could give rise to inconsistencies in the law.

Liā€™s attorneys, meanwhile, contested the suggestion that the inheritance issue could be settled with a written will, arguing that most people in Hong Kong die without a written will, and that written wills can be contested, unlike a legal marriage.

The court reserved its judgment for a later date.

Hong Kong, a former British colony, was returned to China in 1997, with the understanding that it would continue to operate as an autonomous unit for 50 years.

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Nigeria

Gay couple beaten, paraded in public in Nigeria

Incident took place in Port Harcourt this week

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(Bigstock photo)

A gay couple was beaten and paraded in public this week because of their sexual orientation.

In a video clip shared by Portharcourt Specials on X, the couple who appeared half naked were being insulted and slapped on the back, with one showing trails of blood on his back. The incident took place in Rumuewhara in Port Harcourt.

Although consensual same-sex sexual relations are criminalized in Nigeria and punishable by death on some states, many Nigerians viewed the attack against the couple as distasteful, arguing rapist or pedophiles don’t face the same treatment.

“This is where you will see Nigerians very active on; on matters that donā€™t concern them because why is someoneā€™s sexual orientation your problem? We are well deserving of politicians that punish us well,” said Rinu Oduala, a human rights activist.

No Hate Network Nigeria, an LGBTQ rights organization, said the couple’s public victimization was a stark reminder of the rampant homophobia in the country.

“The brutal attack on the gay couple is appalling and unacceptable,” said the organization. “It’s a stark reminder of the rampant homophobia and intolerance in Nigeria.” 

“Such violence is often fueled by discriminatory laws, societal norms, and lack of education, this incident highlights the urgent need for increased advocacy, education, and protection for LGBTQI+ individuals,” added No Hate Network Nigeria.

No Hate Network Nigeria also highlighted the plight of LGBTQ people in the country who are constantly under attack due to current laws and cultural and religious norms.

“The LGBTQI+ community in Nigeria faces extreme risks, including violence, harassment, and persecution, the Same-Sex Marriage (Prohibition) Act of 2014 exacerbates these challenges, effectively criminalizing LGBTQI+ individuals,” said No Hate Network Nigeria. “Many live in fear, hiding their identities to avoid persecution, the community requires enhanced support, safe spaces, and robust advocacy to ensure their basic human rights.”

For many LGBTQ people in the country, remaining in the closet is the only way they can preserve their life. They often flee Nigeria if they decide to come out.

There is currently no appetite from any lawmakers to amend or repeal parts of Section 21 of theĀ Criminal Code Act (Penal Code) that are used to arrest, charge, and prosecute those who identify as LGBTQ.

In northern states where Sharia law is practiced, one who is found to identify as LGBTQ or is an advocate may face death by stoning.

Although not widely practiced, death by stoning is the preferred punishment in many of the northern states if a Sharia court finds someone guilty of engaging in consensual same-sex sexual relations. A number of local and international human rights organizations in recent years have condemned this punishment. It is, however, still enforced in some of these states.

No Hate Network Nigeria said amending parts of the Criminal Code Act and repealing the Same Sex (Prohibition) Act might give relief to LGBTQ people in the country.

“Repealing or amending discriminatory laws, like the Same-Sex Marriage (Prohibition) Act, implementing education and awareness campaigns to combat homophobia, establishing safe spaces, and support networks for LGBTQI+ individuals and strengthening law officialsā€™ response to hate crimes as well as holding perpetrators accountable, will aid in averting and combating attacks on LGBTQI+ individuals,” said No Hate Network Nigeria.

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Israel

Murdered Israeli hostage’s cousin describes family’s pain

Carmel Gat killed in the Gaza Strip in late August

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A poster with Carmel Gat's face on it inside a replica of a tunnel in the Gaza Strip that was built in Hostage Square in Tel Aviv, Israel. Hamas militants on Oct. 7, 2023, kidnapped Gat from Be'eri, a kibbutz near the Gaza border. They killed her and five other hostages in late August. (Washington Blade photo by Michael K. Lavers)

TEL AVIV, Israel ā€” Carmel Gat on Oct. 6, 2023, traveled to Be’eri, a kibbutz near the border of Israel and the Gaza Strip where she grew up, to celebrate the Jewish holiday of Simchat Torah with her parents, brothers, and extended family.

Gat and her brother, Alon Gat, planned to go for a run at around 6:30 a.m. the next morning.

“At 6:29, the bombing and the alarms started and the whole family went into the safe room,” her cousin, Shay Dickmann, told the Washington Blade on Monday. “We have this last picture of Carmel with her running clothes on, in which she was later kidnapped, reading a book to Geffen (her young niece.)”

“It is just typically Carmel in this moment of distress when there are rockets around, the rumors start running that there are terrorists inside the kibbutz, she just had the inner power and stability to take care of others and help her niece, her 3 and 1/2 year old niece, try and calm her down,” said Dickmann.

Dickmann said Gat’s mother, Kinneret Gat, left the safe room at about 10:30 a.m. to get some food and water. Her father, Eshel Gat, went to the bathroom.

Dickmann said Kinneret Gat saw Hamas militants from her kitchen window.

“The last thing she managed to do was to warn her husband, Eshel, from the terrorists and shush him with her finger on her lips and she signaled him to go back to the toilet and hide himself,” recalled Dickmann. “She didn’t know at that point she saved his life.” 

Dickmann said the bathroom in which Eshel Gat was hiding was the one room in the house the militants did not search.

“He was safe, but from the window of the toilet he saw his family taken one-by-one by the terrorists,” Dickmann told the Blade.

She said the last time Eshel Gat saw his wife she was bending down in the kitchen, “and she was the first to be taken by the terrorists.”

“They came into the kitchen, and they took her,” she said. “They tied her hands and walked her through her own kibbutz barefoot with a bunch of people from Kibbutz Be’eri.”

The militants then put Carmel Gat in a car with two teenagers who were brother and sister.

“The car was moving, driving through the point where Carmel saw her mother lying down on the sidewalk, her head shot and she realized that she saw her mother dead and this is the last thing that Carmel saw when she was taken hostage into Gaza, her beloved one dead,” said Dickmann.

She said her cousin did not know what happened to the rest of her family: Her father, her two brothers, her sister-in-law, Yarden Roman-Gat, and her niece Geffen. Her younger brother, Or Gat, had already left the kibbutz.

The Blade has previously reported the militants placed Roman-Gat, Alon Gat, and their daughter into a car.

Roman-Gat and Alon Gat jumped out of it with their daughter as it approached Gaza. Roman-Gat handed her daughter to her husband because he was able to run faster.

Alon Gat hid with his daughter for 18 hours before they reached Israel Defense Forces soldiers at Be’eri. He told Gili Roman, his brother-in-law who lives in Tel Aviv and is a member of the Nemos LGBTQ+ Swimming Club, he last saw his wife, Roman’s sister, hiding behind a tree to protect herself from the militants who were shooting at her.

“My brother saw a video on Telegram of Kinneret lying down on the sidewalk with a pool of blood next to her head, said Dickmann, recounting how she and her family learned the militants had murdered Kinneret Gat.

“We started looking for Carmel and for Yarden and for 50 days we didn’t know anything about them,” added Dickmann. “Just imagine we were worried sick and not even knowing if their body might be found here or were they kidnapped alive.”

Hamas on the second day of a week-long ceasefire in November released the two teenagers who had been kidnapped alongside Carmel Gat.

“It was amazing to see how 13 children and women are coming back to us and their families, and they were among them,” said Dickmann. “Unfortunately they discovered that their mother was murdered and at the time they were informed that their father was kidnapped. Today we know that their father was murdered as well. They are orphans.”

The teenagers confirmed that Carmel Gat was alive.

“Carmel was with them since the moment that they were put into the car taking them into Gaza and until the moment they were released and they say she was their guardian angel,” Dickmann told the Blade. “She was just keeping them sane in captivity, supporting them. She was handling a diary, writing down songs and sentences to bring their spirits up and she was practicing yoga with them in captivity.” 

“This was the most amazing thing that we learned, just having that inner power in this situation. We know that they were starved. We know that they experienced violence there, that they were held in an apartment, in a baby’s room, having to lay on the floor, given one pita bread a day they had to share, and being held against their will, far from their families, not knowing if they are alive or not, but she had the powers to give to others and knowing that Carmel is there, being Carmel, choosing to live, it gave so much hope, and to this hope we were holding on, day-by-day, in the hope that the next day she would be on the list of people realized.”

Hamas on Nov. 29, 2023, released Roman-Gat, along with 11 other Israelis and four Thai nationals. She reunited with her family a short-time later at an Israeli hospital.

“On the fourth day Yarden came back,” said Dickmann. “I can’t even describe the feeling.”

From left: Gili Roman celebrates Hanukkah with his niece, Geffen, and his sister, Yarden Roman-Gat, after Hamas released her from captivity in the Gaza Strip. (Photo courtesy of Gili Roman)

Hamas was supposed to release Carmel Gat on the eighth day of the ceasefire, but it only lasted seven days.

“Carmel was supposed to be freed on the eighth (day), and she wasn’t, and she was left behind,” Dickmann said. “For us it was devastating, but we also knew that Carmel is holding on to hope, and we were holding on to her hope and we did it in her way.”Ā 

Carmel Gat’s family every Friday practiced yoga, “inspired by her, and giving power to others.” They invited other hostage families to speak about a loved one who was in Gaza.

“We did it for weeks, week after week, 40 weeks, that we spoke about the hope, that we were holding the hope, that she was surviving there, waiting for this moment, for the deal that will free her,” said Dickmann.

The Israeli government on Sept. 1 announced Hamas had killed Carmel Gat and five other hostages ā€” Hersh Goldberg-Polin, Ori Danino, Alexander Lobanov, Almog Sarusi, and Eden Yerushalmi ā€” in a tunnel beneath Rafah, a city in southern Gaza that borders Egypt. The hostages “were shot at close range” by militants on Aug. 29 or Aug. 30 before the IDF could rescue them. 

“Carmel survived for 328 days,” Dickmann told the Blade. “She survived, until the day that she was brutally executed by her captors. She survived everything. She survived the tunnels.” 

Carmel Gat in a Hamas video. Militants killed her and five other hostages in the Gaza Strip in late August. (Screenshot)

Dickmann said she and her family received a video that showed where the militants killed Carmel Gat and the five other hostages.

“The conditions were horrible,” said Dickmann. “They were 20 meters underground, suffocating, moist. It was moldy. They had very little food. The six bodies were found thin and starved.” 

The video also showed bottles filled with urine and blood alongside the tunnels. Dickmann said the bodies also showed signs they had been tied up.

“She survived it all, but she couldn’t survive the bullet in her head, and her life was finished in a tunnel, shot, 328 days from her mother’s same destiny, but Carmel we could save, for 328 days we could save her,” said Dickmann. “We could have made a deal that could have brought her back home alive.”

Dickmann also told the Blade she “could also imagine” her cousin, who was an occupational therapist, helping Goldberg-Polin, who lost part of his arm when militants attacked him after he fled the Nova Music Festival in Re’im, another kibbutz that is near Gaza. She was also “imaging her having conversations” with Lobanov about what to name his second son to whom his wife had given birth while he was in Gaza.

“She believed in the possibility to live here with our neighbors,” said Dickmann, who added her cousin and Kinneret Gat were also studying Arabic. 

“There are so many people still alive there surviving, waiting for us to make the deal that will save them,” she said. “There are so many families who can still get this hug, the hug that I was waiting for and I’ll never get.”

Hamas, Hezbollah, Houthis launch rockets, missiles towards Israel on Oct. 7 anniversary

The Blade spoke with Dickmann hours after she and her family attended the Bereaved Families Memorial Ceremony in Tel Aviv’s Yarkon Park that marked a year since Oct. 7.

Organizers had originally allocated 40,000 free tickets for the event, but only 2,000 family members and reporters attended because the IDF Home Front Command had limited the number of people who could attend large gatherings because of increased threats of rockets and missiles from Hamas and Hezbollah, a Lebanon-based militant group.

A ballistic missile that Houthi rebels in Yemen launched towards Israel prompted sirens to go off in Tel Aviv and surrounding areas, but the country’s air defense system intercepted, less than hour before the event began.

Hezbollah a few hours later launched five ballistic missiles from Lebanon towards an IDF base north of Tel Aviv. The Iron Dome air defense system intercepted them. It also intercepted four of the five rockets that Hamas launched towards Tel Aviv ā€” shrapnel from one of them that struck the ground slightly injured two women.

Or Gat is among those who spoke at the Bereaved Families Memorial Ceremony. 

Many of the hostage families refused to attend a government-organized memorial that Israeli televisions broadcast later on Monday.

Two men in Hostage Square in Tel Aviv, Israel, embrace while watching the Bereaved Families Memorial Service on Oct. 8, 2024. (Washington Blade photo by Michael K. Lavers)

Cousin was a ‘person of peace’

Dickmann told the Blade that while she was at the memorial she was “very concentrated on the struggle to bring back the hostages on time, understanding that it’s both critical in the manner that is life or death matter and it is also urgent, understanding that our people are held by their captors who at any time aim a gun at their heads.”

“They must be returned before they’re executed so, I was very concentrated on that,” she said. 

Dickmann also said the memorial ā€” and marking the first anniversary of Oct. 7 ā€” made her “understand there are thousands of families affected by Oct. 7.”

“On this day, so many youngsters were burned alive in their cars trying to run away from the Nova festival,” she said. “In the safe rooms there were so many couples of parents hiding their children in closets and underneath beds and shushing them in order to allow them to survive the attack on their houses and today I just realize there are … so many orphans left and so many stories of people who left everything behind, who left their whole families behind to come and try to save lives on this day of the attack. Some of them managed and rescued my uncle and some of them managed to save lives and lost their own.”

She also noted 101 hostages remain in Gaza.

“This is the most important thing and most urgent thing; to get back all of them to their houses and their families,” said Dickmann. “They deserve to be set free, and this is what I’m fighting for.”

She ended the interview by describing her cousin as a “person of peace.”

“We lost so much, on both sides of the border,” said Dickmann. “I’d really like this war to end; everybody to come back to their homes; the Palestinians to their homes with no one else getting hurt; residents of northern Israel going back to their houses and being safe and secure, residents of the South being able to go back to their houses and most of all the people being held hostage to come back, to safety, to their house, to their families and not ever being having to be worried about whether they will be separated from their parents or children or brothers and lives again.”

“I really hope that soon, as soon as possible, we will be able to reach a deal that will bring everybody home and bring peace upon us and we will be able to live alongside each other in peace,” she added.

From left: Shay Dickmann with her cousin, Carmel Gat, at the wedding of Alon Gat and Yarden Roman-Gat. Hamas militants on Oct. 7, 2023, kidnapped Gat and Roman-Gat from Be’eri, Israel. They released Roman-Gat in late November 2023. The militants killed Carmel Gat in late August. (Photo courtesy of Shay Dickmann)

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