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Israeli lawmakers approve judicial reform bill

Advocacy groups reiterate opposition, renew protest calls

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LGBTQ and intersex activists participate in a protest against proposed reforms to Israel's judiciary. Advocacy groups have renewed their support of the protest movement after MKs on July 24, 2023, approved the first reform bill. (Photo courtesy of George Avni)

Advocacy groups have sharply criticized Monday’s approval of the first of several bills that seeks to reform Israel’s judicial system.

The Associated Press reported all of the MKs in Prime Minister Benjamin Netanyahu’s coalition government supported the measure after opposition lawmakers stormed out of the Knesset in protest.

The proposed reforms, among other things, would increase the government’s control over judicial appointments and diminish the Supreme Court’s ability to strike down laws. Netanyahu on March 27 announced he had postponed the efforts amid a growing protest movement and a nationwide strike that paralyzed Israel.

A Wider Bridge is a U.S.-based organization that seeks to build “a movement of LGBTQ people and allies with a strong interest in and commitment to supporting Israel and its LGBTQ communities.” The group in a statement said the vote is “a dire step in an agenda that many fear will shift the delicate balance of Israeli democracy toward autocracy.”

“The Israeli LGBTQ community has been protesting these proposals for months because it is the Supreme Court that has helped to safeguard the civil rights of all Israelis, including the LGBTQ community,” said A Wider bridge. 

The Aguda, the Israeli National LGBT Task Force, in a statement posted to its Facebook page said the “fight has just begun.”

“The first step of the administrative coup that will crush the independence of the judiciary and harm the rights of each and every one — and in particular the rights of LGBT (people) — passed in the Knesset,” said the Aguda. “This is a fight for the democratic character of the country as it is expressed in the Declaration of Independence, the one that defended us as LGBT people.”

“We are required to step up at this time,” added the Aguda. “This is the time to take a flag, join the protest groups, get involved and go out to protest. Israel will be a democratic country founded on the values of equality and freedom and we, all of us, will take care of that. We are not going anywhere. We are just started.”

The White House also criticized the vote.

“As a lifelong friend of Israel, President Biden has publicly and privately expressed his views that major changes in a democracy to be enduring must have as broad a consensus as possible,” said White House Press Secretary Karine Jean-Pierre on Monday in a statement. “It is unfortunate that the vote today took place with the slimmest possible majority. We understand talks are ongoing and likely to continue over the coming weeks and months to forge a broader compromise even with the Knesset in recess. The United States will continue to support the efforts of President (Isaac) Herzog and other Israeli leaders as they seek to build a broader consensus through political dialogue.” 

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Middle East

Israeli Supreme Court rules country must allow two mothers on child’s birth certificate

LGBTQ activists praised the ruling

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The Israeli Supreme Court (Photo by the Israeli Supreme Court; public domain)

WDG, the Washington Blade’s media partner in Israel, published this article on their website on Thursday.

Supreme Court judges on Thursday unanimously ruled that the Population Authority must register female couples as mothers on the birth certificates of their children they have together.

The decision was made following a petition submitted by nine female couples, mothers of children born through anonymous sperm donation. The panel of judges, headed by Supreme Court President Uzi Fogelman and Judges Ruth Ronen and Alex Stein, rejected the Population Authority’s claim that the birth certificate reflects only biological parentage and ruled that both the birth mother and her partner must be registered as the child’s parent.

“The exclusion of the non-biological parent from the birth certificate means a preference for the position of the biological parent over parenting based on other parents,” Fogelman wrote in the ruling. “In terms of substantive law, the parenting of both parents — the biological parent and the non-biological parent — is equal and it includes the same basket of parental rights and duties. I do not believe that when at the level of substantive law there is equality between the parents, there is room to distinguish between them at the level of registration in the birth certificate.”

Fogelman also referred to the interpretation that may be given to the lack of registration on the birth certificate as “an offensive message according to which we are dealing with relationships that are different in nature and essence: while biological parentage is ‘real’ parentage, non-biological parentage is inferior and suspect parentage, a kind of ‘conditional’ parentage.”

The ruling does not apply to male couples because the petition dealt with couples who conceived with the help of anonymous sperm donation.

The ruling was issued as part of a petition submitted around eight years ago by nine female couples, who claimed that not registering the non-biological mother on the birth certificate deprives the child of rights that include acquiring foreign citizenship and petitioned the Interior Ministry and the Population and Immigration Authority to issue their children amended birth certificates that include the names of both mothers.

The Population Authority refused the couples’ request on the grounds that the birth certificate is a document that reflects the biological parentage at the time of birth, and is not updated with the passage of time. The petitioners claimed that the Population Authority’s policy violates the right to family life and the right to equality, since it discriminates against same-sex couples. And as evidence, they pointed out that when it comes to heterosexual couples, the Interior Ministry issues them corrected birth certificates — even in cases of adoption by the spouse of the biological mother or in the case where sperm donation is used for the birth of the child.

Fogelman accepted the respondents’ position according to which the birth certificate was intended to document the identity of the child at the initial point in time of his life. Alongside this, he rejected the respondents’ position that the birth certificate was intended to reflect biological parentage.

“A birth certificate is one of the most important documents a person has. It confers a basket of rights and is also used for the purpose of regulating citizenship in foreign countries,” said attorneys Daniela Ya’akobi, Hagai Kalai and Achinoam Orbach, who represented the petitioners. “For all these years, the state has insisted on denying children of two mothers a birth certificate that reflects the reality of their lives. The judgment of the High Court of Justice put an end to ugly and unnecessary discrimination, which has no purpose and never had. It is a great victory, but no man needs or wants to win his country. The time has come for the state, on its own initiative, to allow full equality of rights for all its citizens, including LGBT people.”

Aguda Chair Hila Peer responded to the ruling.

“This is a historic day when our families are equal,” she said. “For years the Interior Ministry has refused to register proud mothers on the birth certificate and now, thanks to the High Court of Justice, we are taking a significant step towards equality.”

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Middle East

Sheila Weinberg becomes Israel’s first transgender council member

Former teacher elected in Kiryat Tivon on Feb. 27

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Sheila Weinberg (Photo courtesy of Carmit Simhi-Rokah)

WDG is the Washington Blade’s media partner in Israel. WDG published this article on their website.

Sheila Weinberg on Feb. 27 wrote another chapter in LGBTQ history in Israel when she was elected as the country’s first transgender council member. 

Weinberg, the 65-year-old chair of the “Transiot Israel” association and a former teacher, was elected to the Kiryat Tivon Local Council after her “More to Tivon” list won 37.7 percent of the votes.

In the past she was a member of the LGBTQ Committee in Kiryat Tivon and in the last year she was active in the protest against the proposed judicial reforms. Weinberg has two children and a granddaughter. She started the process of affirming her gender about five years ago when she was 60 years old.

“Many people in Kiryat Tivon knew exactly who I was and about my past. It didn’t bother. It seems to me that in certain places it was helpful,” Weinberg told WDG. “The residents of Tivon decided clearly in favor of a liberal, pluralistic and democratic Tivon. I have been a member of Meretz for many years and in these elections we joined a single list with ‘Yesh Atid’ and ‘Our Tivon’ and ‘Hoze Hadash’ (‘New Contract’), a list whose prominent values are equality among all. On the list were the women who founded the LGBT Committee in Tivon that operates with full vigor.”

Despite the historic title as the first trans council member in Israel, Weinberg is not content with just being active in the issues of the LGBTQ community, and aims (to become involved with) the education portfolio in her locality.

“I intend to use this branding to operate in Tivon in two main areas: Education and the LGBT community. Naturally, I see myself as someone who has a well-founded view of education in Tivon and I would be happy to be incharge of the education in Tivon, alongside the LGBT community. I have been teaching all my life. I taught for 35 years in several places, including the University of Haifa, and since the war started I have also been replacing a teacher who went into the reserves voluntarily.

Furthermore, I think I got my foot in the door for trans girls and trans boys. I will of course also continue to act as the chairman of ‘Transiot Israel’ and at the same time promote the needs of our community, which in the Haifa and Tivon area suffers from a lack of people.

I think I can speak for girls whose life path was less paved than mine. For those girls and boys who were thrown out on the street, out of school, who suffer physical and verbal violence, who are discriminated against economically and socially. And most of all, I would love to hear from my friends in the community and my friends there what the priorities are, not necessarily in Tivon but in Tel Aviv and other places.”

Other candidates from the LGBTQ community won in other municipalities in Israel.

In Tel Aviv-Yafo, Chen Arieli and Moti Reif entered the council for another term, as well as Reut Nagar and Shahar Levy. Assaf Weiss will serve as a council member in Ramat Gan, lawyer Daniela Jacobi in the Ramat Hasharon Council and Ella Kaufman will serve another term on the Kadima Council.

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Middle East

Houthi court sentences 13 people to death for homosexuality in Yemen

Iran-backed rebel group controls large swaths of country

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(Illustration by Peter Hermes Furian/Bigstock)

Reports indicate a court in Yemen has sentenced to death 13 people who had been charged with homosexuality.

Agence France-Presse reported the court in Ibb Governorate, which Iran-backed Houthi rebels control, announced the sentences on Feb. 4. The province’s main city is roughly 125 miles south of Sanaa, the rebel-held Yemeni capital.

The State Department’s 2022 human rights report notes Yemeni law criminalizes consensual same-sex sexual relations, “with the death penalty as a sanction under the country’s interpretation of Islamic law.” The report also indicates there were “no known executions of LGBTQI+ persons in recent years.”

The Houthis have been attacking commercial ships in the Red Sea since Hamas on Oct. 7, 2023, launched a surprise attack against southern Israel from the Gaza Strip. The U.S. and the U.K. last month launched air strikes against the Iran-backed rebel group. 

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