Lawyers
Same-Sex Marriage
A Marriage of Pride
Under Israeli law, same-sex couples are currently unable to marry within the country. This is because marriages in Israel are conducted exclusively under religious law, which does not recognize same-sex unions. Nevertheless, a legal pathway exists that allows same-sex couples who married abroad to have their marriage registered with the Ministry of the Interior.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
LGBT couples who have married abroad have the legal right to update their personal status in the population registry from “single” to “married.” The Ministry of the Interior is obligated to process this change and may not deny it.
Same-Sex Marriage in Israel and Around the World
In Israel, marriage is governed exclusively by religious law. Because religious authorities do not recognize same-sex unions, LGBT couples cannot legally marry within the country.
In many countries around the world, marriage is available regardless of the partners’ gender. Numerous Western nations — including England, Brazil, Argentina, Ireland, Denmark, Sweden, France, Norway, Iceland, New Zealand, Portugal, Wales, Scotland, Uruguay, Finland, and all 50 states of the United States — have legalized same-sex marriage.
In 2015, the United States Supreme Court issued a landmark ruling recognizing same-sex marriage nationwide, holding that the Constitution guarantees equal protection to all citizens. As a result, no state may prohibit or refuse to recognize marriages between same-sex partners. Given how rare it is for a federal ruling to bind all 50 states, this decision is widely regarded as historic.
Following that decision (Obergefell v. Hodges, 135 S. Ct. 2584), Israeli Supreme Court justices referenced the ruling in HCJ 7339/15, in which the Association for Civil Rights in Israel and other petitioners challenged the Minister of the Interior and the Knesset to amend the Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, 5713-1953 — specifically its first section — in order to allow same-sex couples to be recognized as married in Israel.
Under Section 2 of the law, “Jewish marriages and divorces shall be conducted in Israel according to Torah law,” which precludes the possibility of same-sex marriage. After deliberation, the Honorable Vice President (retired) Rubinstein ruled that the petition should not be accepted, citing a variety of reasons — many relating to the distinction between the court’s authority as a judicial body and the Knesset’s authority as the legislative body.
In response to Justice Baron’s request for clarification of the current situation, the Honorable Justice added the following observation: while the halachic monopoly over marriage is deeply rooted in tradition and is intended to protect values of unique importance to the Jewish people — including the sanctity of the family — it cannot be denied that the existing arrangement infringes upon the rights of entire segments of the population to family life (see paragraph 1 of the judgment).
Although she acknowledged that the current legal framework adversely affects same-sex couples, Justice Baron joined the opinion of Vice President (retired) Rubinstein — but not before offering a forward-looking message: the time may come when evolving social realities call for a reexamination of personal status laws to reflect contemporary life and Israel’s social, cultural, and religious mosaic. Such judicial review has already led to the recognition of same-sex marriage in many countries around the world.
What Is the Current Situation in Israel?
Because religious law governs marriage in Israel — and does not recognize same-sex unions — the state cannot perform such marriages domestically. However, many countries around the world do recognize same-sex marriage, which has opened the door for couples who marry abroad to seek recognition of their union in Israel.
Same-sex couples who marry in a country that recognizes their union can register as married in Israel’s population registry. The registrar is legally obligated to update their marital status and may not refuse to do so on the basis of the couple’s gender. It is important to note, however, that this registration is primarily symbolic and does not automatically confer all of the rights enjoyed by heterosexual married couples.
From a practical standpoint, the current Israeli legal framework allows same-sex couples to exercise many of the rights and obligations available to recognized partners — including before government authorities such as the Tax Authority and the National Insurance Institute, as well as before the courts for purposes such as drafting financial agreements and formalizing other aspects of shared life.
What about divorce? Notably, since rabbinical courts do not recognize same-sex marriages, disputes involving LGBTQ couples are adjudicated in civil family court — unlike heterosexual married couples, whose divorces fall under the jurisdiction of the rabbinical court (HCJ 673/89, Meshulam v. The Great Rabbinical Court, P.D. 45(5) 594 (1991)). To obtain a divorce, same-sex couples who married abroad and are registered as married in Israel’s population registry must file an application with the family court.
In Conclusion
While it is not yet possible for same-sex couples to marry in Israel, couples can marry in countries where same-sex marriage is legal and subsequently register their union in Israel’s population registry. To ensure full protection of your rights — and to address matters such as parental orders, guardianship appointments, and decisions regarding minor children — it is strongly recommended that you consult with an experienced family law attorney who can navigate this evolving legal landscape on your behalf.
Mor & Co.’s Family Law, Inheritance, and Guardianship Department provides comprehensive legal support to all families.
For legal advice on LGBTQ rights or family matters involving same-sex couples — including financial agreements, parental orders, surrogacy, adoption, family mediation, and yes, even separation and divorce — we are here to help. Contact us at 02-595-3323 or via WhatsApp at 050-441-1343.