Israeli court grants gay divorce - even though same-sex marriage isn't legal

JERUSALEM - An Israeli court has awarded the country's first divorce to a gay couple, which experts called an ironic milestone since same-sex marriages cannot be legally conducted in the Jewish state.

A decision this week by a family court in the Tel Aviv area "determined that the marriage should be ended" between former Israeli lawmaker Uzi Even, 72, and his partner of 23 years, Amit Kama, 52, their lawyer, Judith Meisels, said on Tuesday.

Legal experts see the ruling as a precedent in the realm of gay rights in a country where conservative family traditions are strong and religious courts oversee ceremonies like marriages, divorces and burials.



While Israel's Interior Ministry still has the power to try and veto the decision, it would likely have to go court in order to do so, Meisels said.

A 2006 high court decision forced the same ministry, headed by an ultra-Orthodox cabinet member, to recognize same sex marriages performed abroad and ordered the government to list a gay couple wed in Canada as married.

Same sex marriages are performed in Israel, but they have no formal legal status.

"The irony is that while this is the beginning of a civil revolution, it's based on divorce rather than marriage," newly divorced Kama, a senior lecturer in communications in the Emek Yizrael College, told Reuters.

He and Even, both Israelis, married in Toronto in 2004, not long after Canada legalized same-sex marriage. They separated last year, Kama said.

It took months to finalize a divorce as they could not meet Canada's residency requirements to have their marriage dissolved there. At the same time in Israel, rabbinical courts in charge of overseeing such proceedings threw out the case, Kama said.

By winning a ruling from a civil court, Kama and Even may have also set a precedent for Israeli heterosexual couples, who until now have had to have rabbis steeped in ancient ritual handle their divorces, legal experts say.

"This is the first time in Israeli history a couple of Jews are obtaining a divorce issued by an authority other than a rabbinical court, and I think there is significant potential here for straight couples" to do so as well, said Zvi Triger, deputy dean of the Haim Striks law school near Tel Aviv.

The NOW panel discusses The New York Times' Frank Bruni's latest open letter to the Clintons and the case for marriage equality as the Supreme Course faces a decision on whether or not it will hear cases dealing with the issue of gay marriage.

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Discuss this post

Never a good idea to replace the Bible with the traditions of men.

Any one that believes that God Almighty will ever change His definition of marriage is delusional.

"Let God be true and every man a liar." Roman 3.3-4

  • 1 vote
Reply#1 - Tue Dec 4, 2012 9:46 PM EST

No one expects G-d to change His definition, but the state can change their own definition.

That's exactly how it works in Israel, the temples do not perform or recognize gay marriage there, but the state recognizes it when the marriage is performed elsewhere.

So, everyone who wants to get married, be they gay or inter-faith simply get married on Cyprus, then when they come back to Israel, as far as the state is concerned they are married.

Even here, when the state allows gay marriage it has nothing to do with you or your G-d.You and your Church are welcome to view them as not-married, but to state law - they are married.

The state gets to give them proper benefits, but you don't have to allow them into your church or attend their anniversary parties.

By all means, enjoy your beliefs, just don't force them on others. It's called "democracy".

  • 4 votes
#1.1 - Tue Dec 4, 2012 10:48 PM EST

WE are no longer going to live under the ignorance and superstition of 4000 year old Leviticus

Israel recongnizes gay marriages performed elsewhere but the orthodox bible thumpers are living in the stone age with foolish traditions that eg lead to some of them hiring a non JeeW to turn on and off their lights on the sabbath.

And its these orthodox with their illegal settlements in the west bank that are largely responsible for the ongoing israel palestinian conflict.

  • 5 votes
#1.2 - Wed Dec 5, 2012 12:45 AM EST

“Religious institutions that use government power in support of themselves and force their views on persons of other faiths, or of no faith, undermine all our civil rights. Moreover, state support of an established religion tends to make the clergy unresponsive to their own people, and leads to corruption within religion itself. Erecting the 'wall of separation between church and state,' therefore, is absolutely essential in a free society.”
Thomas Jefferson

Isn't it good to know that "GOD" does not make the laws in the United States of America?

  • 4 votes
#1.3 - Wed Dec 5, 2012 7:03 AM EST

It's fine, Harold, when ten percent of a population does not believe in a God at all, then your little book holds no bearing over it's people. Your religion no longer exists to teach it's followers to love thy neighbor, but instead to love thy neighbor unless they're black, gay, or jewish. Your religion teaches exclusion and elitism even though a great many of those followers are unable to read above a high school sophmore level.

Man's laws had to replace the bible. Your book is hateful and your God is flaccid. Do not force him upon those who do not want it forced on them and do not think that you're better as a human being because you choose to believe in flights of fancy. No doubt you would force your fellow countrymen into your religion if you could, without ever considering the irony that it's people like you our forefathers were escaping. Your numbers are down...people can no longer tolerate the hatred and oppression that your religion teaches. When people like you fade away, mercifully, so will your hateful, ignorant beliefs. Good riddance to the both of you.

  • 2 votes
#1.4 - Wed Dec 5, 2012 8:41 AM EST

I do not understand why Israel continues to mock God, has he not punished you enough. I believe that your written word is the Torah which unless I am mistaken is what we call the old testament and I believe nothing has changed in it concerning his condemnation of homosexuality. Does it not tell about the destruction of sodom and gomorrah? I am very confused with Judaism, I have read in the old testament about how many times God has not only punished your enemies but he has also punished you because you refused to obey his word. As a gentile I know that in Christianity homosexuality is a abomination to God and as a Christian I refuse to except it and will speak out against it when I can. But we are called a branch while you are the tree, and if you are destroyed, what chance do we have in the world today. I have noticed that here in America a lot of the Jewish people are in the entertainment industry and they condone this also, along with a lot of sexual sin. Do the jewish people hate Americans?

    #1.5 - Wed Dec 5, 2012 8:47 AM EST

    Jerry-1927474 - I do not understand why Israel continues to mock God, has he not punished you enough.

    Maybe it's because your impotent and imaginary friend is so easily mocked?

    • 2 votes
    #1.6 - Wed Dec 5, 2012 12:55 PM EST

    Or may be it's not tolerance, but bigotry that is a mockery to G-d.

    • 2 votes
    #1.7 - Wed Dec 5, 2012 10:30 PM EST

    Any one that believes that God Almighty will ever change His definition of marriage is delusional.

    Anybody who believes that they know what 'God Almighty' would do or not do is delusional, at best. Also, anybody who believes that the campfire stories of anonymous, bronze age goat molesters so ignorant that they make today's Christians look like Stephen Hawking by comparison are 'Gods words' are equally delusional.

      #1.8 - Wed Jan 16, 2013 4:19 PM EST
      Reply

      Well, Hebrew is read from right to left, so no surprise Israel would be bass-ackwards on marriage equality. Wait until we see in the sequel to Fiddler on the Roof that Tevya's fourth daughter is lesbian and marries a shiksa. L'chaim!

      • 2 votes
      Reply#2 - Wed Dec 5, 2012 2:53 AM EST

      Or better yet, have her marry an Arab girl. I want to see that movie already.

        #2.1 - Wed Dec 5, 2012 10:40 PM EST
        Reply

        Just another example of the typical way the Isreal courts handle things ,.......assbackwards.

        • 1 vote
        Reply#3 - Wed Dec 5, 2012 4:45 AM EST

        While the rest of the Middle East is headed straight forward, even if it's through the back door.

          #3.1 - Wed Dec 5, 2012 10:47 PM EST
          Reply

          Very optimistic to say that this could pave the wave to civil divorce in a country where there is no civil marriage. Someone really needs to stand up for the rights of straight people!

            Reply#4 - Wed Dec 5, 2012 4:58 AM EST

            Chick-fil-A people must be thrilled ..

              Reply#5 - Wed Dec 5, 2012 7:46 AM EST

              There is no such thing as homosexual marriage. The phrase is the ultimate oxymoron.

                Reply#6 - Wed Dec 5, 2012 8:51 AM EST

                you are an oxymoron

                  #6.1 - Wed Dec 5, 2012 10:12 AM EST

                  Lonesome Rhoades-2738573

                  Agree with you 100% you are right its just marriage regardless if it is a marriage between a man and a woman, two men or two woman.

                  • 3 votes
                  #6.2 - Wed Dec 5, 2012 12:21 PM EST
                  Reply

                  Thank You Israel. It's better to Repent from Sin,(homosexuality) than to Endorse it. "If a man lies with a man, as he lies with a woman, both of them have committed an Abomination." Leviticus 20:13

                  • 1 vote
                  Reply#7 - Wed Dec 5, 2012 8:54 AM EST

                  What is it anyone's business, who loves who. When you let the Government in your bedroom, you let them in your lives... Who are you to decide what is wrong and what is right. You know that more people die in the name of God than from our Government... It's not up to God who one loves and it sure as @!$%# isn't up to anyone but the two souls that were meant to be. Though shalt not judge others... That is a deadly sin... It is not up to the government who can love and lay with anyone they want to. You know that the churches are the ones who are up to no good. They like children...... What deadly sin is that. Don't judge thy neighbor for you will be judged by god... You are stupid for even opening your mouth. I feel stupider just by reading your post

                  • 2 votes
                  #7.1 - Wed Dec 5, 2012 10:11 AM EST

                  Alan-1380274

                  Tsk tsk tak Alan, you're quoting Leviticus, really? Please re-read Leviticus and tell me why you picked that law to quote and not all the others, you know, kill your children if they curse you etc etc. Love to hear your defense.

                  • 3 votes
                  #7.2 - Wed Dec 5, 2012 12:23 PM EST
                  Reply

                  If you actually do the research the bible's anti homosexual stance found its way into the bible not because of a God but because Kings and rulers would not have additional subjects to tax if homosexuals engaged in sex. Having additional subjects to tax, fight in wars etc. were the main reasons this was aganist the rules.

                  • 1 vote
                  Reply#8 - Wed Dec 5, 2012 11:51 AM EST

                  In Gensus the bible begins by putting forth lies like all the land of the earth was gathered together in one place and all the water was gathered in one place and we now know this is just lies so there is many other such lies in the same book.

                    Reply#9 - Wed Dec 5, 2012 11:57 AM EST

                    I am glad that gay marriage issues are now openly addressed in Israeli civil courts - a liberal favorite. In a muslim country, the couple would have been stoned.

                      Reply#10 - Wed Dec 5, 2012 12:41 PM EST

                      How ironic that it was Jewish converts to Islam who introduced stoning to the Muslim world in the 8th or 9th century.

                      At least Christians were morally superior and preferred to burn people at the stake rather than stoning them to death.

                      • 2 votes
                      #10.1 - Wed Dec 5, 2012 12:58 PM EST

                      How Ironic that it's not Jews but Muslims who refuse to let go of this wonderful tradition.

                      Is it the "first-in-first-out" thing?

                        #10.2 - Wed Dec 5, 2012 10:31 PM EST

                        Eli100 - How Ironic that it's not Jews but Muslims who refuse to let go of this wonderful tradition.

                        Orthodox Jews in Israel still stone people. The Haredim in particular are known to stone women and young girls who they think don't dress appropriately, even women who aren't Haredi.

                        http://failedmessiah.typepad.com/failed_messiahcom/2012/07/woman-baby-stoned-by-haredim-in-beit-shemesh-123.html

                        All religious fundamentalists seem to be cut from the same cloth, regardless of whether they're Christian, Mormon, Southern Baptists, Muslim or Jewish (or any other cult).

                        • 2 votes
                        #10.3 - Thu Dec 6, 2012 12:08 AM EST

                        The difference is that only the Muslim ones still have their own countries to run and actually carry their stoning out to the lethal end.

                          #10.4 - Thu Dec 6, 2012 12:43 AM EST

                          If Israelis haven't actually killed anyone in the past several years through stoning it's not for lack of trying, since the Haredim seem to do it with some frequency.

                          http://www.violenceisnotourculture.org/content/jewish-%E2%80%98modesty-patrols%E2%80%99-sow-fear-israel

                          Plus their missiles are far more effective at killing innocent people.

                          • 2 votes
                          #10.5 - Thu Dec 6, 2012 2:07 AM EST

                          "it wasn't for the lack of trying" - indeed, it was for the success of Israeli government and the rest of the citizens in preventing them, something that is lacking in the Muslim states.

                          "missiles are far more effective at killing innocent people" -well, those missiles are not directed at innocent people, they are directed at terrorists, who have a habit of hiding behind innocent people, as opposed to Hamas and Hezbollah RPGs and AK-47s, which are in fact directed at innocent people and can also be pretty effective.

                            #10.6 - Thu Dec 6, 2012 11:31 PM EST
                            Reply

                            Interesting contrast. Headline news about Israel dealing with gay marriage issue in civil courts - while in Egypt they are bracing for muslim mob attacking and raping women who dare to show an inch of their flesh. Can't help but notice the contrast in civility.

                            • 1 vote
                            Reply#11 - Wed Dec 5, 2012 1:39 PM EST

                            I wonder what Egypt would have been like if the US hadn't supported military dictatorships and suppressed democracy in the mideast for the past 60 years? Maybe they would have had more time to develop civil institutions?

                            • 2 votes
                            #11.1 - Wed Dec 5, 2012 2:38 PM EST

                            Or may be they would have built a full-fledged Sharia state by now, fully cleansed of anything that is not properly Muslim.

                              #11.2 - Wed Dec 5, 2012 10:33 PM EST
                              Reply
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