Gay Marriage Case on November 16
by Malcolm Thornberry, 365Gay.com European Bureau Chief
(Jerusalem) The state of Israel has told the High Court of Justice that only the Knesset - Israel’s parliament - can decide whether to allow same-sex couples to marry. In a brief replying to lawsuits brought by same-sex couples who married in Canada the government called for the court to reject the petitions.
One suit involves Jonathan Herland, 29, and his husband Ayal Wallrouch, 26, who were married in a civil ceremony in Toronto last July. Last week another couple, Russell Lord and Avraham Ozeri, both 48, were added to the suit. They were married earlier this year, also in Toronto.
In March, two other same-sex couples petitioned the High Court to have government recognize their Canadian marriages. Both sets of cases will be heard together. In its brief the government said that it refuses to register the marriages of the couples because the state of Israel does not recognize same-sex marriage.
The government brief also said that until the Knesset passes marriage legislation the issue is moot because same-sex couples already are recognized in Israel for purposes of financial and social services.
The attorney for the Herland-Wallrouchs and the Lord-Avraham Ozeris, Onn Stock, said that he will argue that even though same-sex marriage is not permitted in Israel legal marriages performed outside the country should be recognized in the Jewish state.
"Israeli straight couples who marry overseas have their marriages recognized by the Ministry of the Interior regardless of whether they are able or not to marry each other in Israel," Stock told 365Gay.com when the suit was filed. (story)
Canada has been popular with Israeli gay couple wanting to marry. Four same-sex couples married in Toronto earlier this year. (story) In 2004, the first openly gay man elected to Israel’s parliament wed his partner in Toronto. The case will be heard before Chief Justice Aharon Barak and Justices Chayut and Rubinstein on November 16.