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Israeli Supreme Court rules LGBTQ couples can adopt children

Decision caps off years-long effort

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

WDG is the Washington Blade’s media partner in Israel. It published a Hebrew version of this story on Thursday.

BY ANITA GOULD | Six years since the state pledged to change adoption law so that discrimination against same-sex couples would be eliminated, the Israeli Supreme Court on Thursday unanimously ruled that existing law allows LGBTQ couples to adopt.

The judges issued their decision as part of a discussion of the petition that two LGBTQ couples submitted in 2021 with the Reform Center, the Aguda, Jerusalem Open House for Pride and Tolerance and the Proud Fathers Association.

The petition dealt with the adoption law that states “there is no adoption except by a man and his wife together,” thus discriminating against LGBTQ couples who can only adopt children in which heterosexual couples are not interested. These are usually older children or children with special needs, and it is required that the term “man and his wife” in the adoption law be interpreted to include spouses of the same sex.

“Six decades have passed since the box ‘man and his wife together’ was written in the adoption law,” wrote the judges in their decision, “Since then, we have learned to know that a stable and loving family unit, which can form a solid foundation for raising a healthy child, can be a family unit of a man and a woman, of a woman and a woman and of each person — provided that the best interests of the child are preserved. This insight is the focus of the interpretation given by us today to the provision of Section 3 of the law. In this interpretive ruling, which brings same-sex couples through the ‘main door’ of non-adoption, we are walking in a groove that has already been plowed in rulings in the field of family law and in other areas, which over the years have recognized the existence of same-sex relationships, the parenting of same-sex couples and their right for equality. Our ruling even continues an existing interpretive axis that refers to the adoption law, an axis that expands the range of potential efforts beyond the limits of the traditional family model of ‘man and woman,’ in order to fulfill the purpose of the law. This interpretation is therefore required by the changes of the times, the principle of the best interests of the child, human dignity and the principle of equality.”

More than seven years of struggle

The issue of discrimination in the adoption law was raised for the first time in front of the Supreme Court in the first petition submitted in 2016. The State then sought to amend the adoption law within a year and a half so that discrimination against LGBTQ couples would be eliminated. In 2019, a legal memorandum was published on the subject, but it was not published.

After the previous government stated there was no political possibility to amend legislation but they had no objection to the petition being scheduled for hearing before the High Court of Justice, a hearing on the petition was scheduled for the summer of 2022, but it was canceled in light of the fall of the government and the elections held at the end of 2022.

The first hearing on the petition was held in August. 

According to the State’s position submitted in advance of the hearing, the best way is to wait for the amendment of legislation, but because the justice minister believes that there is no political feasibility to amend legislation and due to the welfare minister’s opposition, who claimed that this “adds complexities and difficulties to the child” contrary to the positions of the professionals in his office, there is a legal anchor that will make it possible to receive the expansive interpretation that the petitioners request. The State, as well as the petitioners in this case, insists that this is also required due to the principle of the best interests of the child — to provide a home for the child regardless of the sexual orientation of his parents.

“This is a ray of light in a dark time,” said petitioners Shahar Gloverman and Shay Gortler. “For more than eight years we have been waiting in line for adoption. The High Court of Justice will no longer give us back these years or the consequences of the long wait, but we are happy that the door of adoption has been opened for the next LGBT couples.”

“During the difficult times we are in, we welcome small moments of kindness that inspire hope that we will rise from the ruins for a better, more just and united future,” added petitioners Tzafir Gideon and Ido Ziv, “We thank the court for its ruling that put an end to the discriminatory distinction between us as parents, which has no understanding And between the welfare of the child, one thing and another. Just as there are no second-class children, there are also no second-class parents. Love is love is love.”

A ruling that erases another expression of institutional discrimination

“For over seven years we have been fighting for LGBTQ couples so that they can realize their dream of becoming a family through adoption,” said attorney Ricky Shapira Rosenberg of the Reform Center for Religion and State who represented the petitioners. “We welcome the verdict, which accepted the position The petitioners that there should be no discrimination between same-sex couples and other couples for the purpose of adoption. The court ruled that the law stating that ‘there is no adoption except by a man and a woman’ should be interpreted as applying to couples of the same sex since the purpose of the adoption law is to ensure the welfare of the child, and in this regard there is no difference between LGBT families and heterosexual families. Once again it has been proven that the one who protects human rights in general and of the Lahtav community in particular is the Supreme Court.”

Aguda CEO Ran Shalhavi said “this is a historic victory and a groundbreaking achievement that gives a little light and hope in these difficult days. For years we have been fighting and fighting to be seen as equal in adopting children and starting a family in Israel, while Israeli governments for generations discriminated and incited against us just because of who we are, the Supreme Court once again proves its importance in protecting our rights. This day is the answer to homophobia, hatred, darkness and welfare ministers who for years denied our parentage, leaving us second-class citizens. The war only emphasized how disconnected inequality is from life itself. The time has come for equal rights in primary legislation in the Knesset: in parenting, in security, in marriage, without incitement and discrimination, and we will continue to march proudly until we get there.”

Jerusalem Open House for Pride and Tolerance stated “we welcome the verdict that erases yet another expression of long-standing institutional discrimination against the gay community, and congratulate Shai and Shahar and Tzafir and Ado that after years of legal struggle they will be able to expand their families. A big thank you to attorney Ricky Shapira and the Reform Center for Religion and State who led the petition. These are complex and difficult days for Israeli society. We demand that even at this time the political echelon does not stop promoting the rights of the gay community. Just as the battlefield does not distinguish between us, there is no justification for the rulebook to distinguish between us. We all hope that we will know more quiet, loving, and equal days.”

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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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