Supreme Court Petition to Allow Civil Marriage

Hiddush CEO Rabbi Uri Regev remarks “The reality which denies the basic human right of marriage to hundreds of thousands of Israeli citizens is intolerable.”

04/10/2011 14:42

Tags: Reform Movement · Conservative Movement · Religious Councils · Civil marriage · Supreme Court

''Putting Us All in One Box''--from the Campaign for Free Marriage in Israel

The Forum for Freedom of Choice in Marriage petitioned the Supreme Court yesterday against the Israel government, who denies the rights of hundreds of thousands of citizens to marry because they are defined as “without religion”. 12 Forum member organizations banded together to argue that the state violates a fundamental right of these citizens. The petitioners added that that the state has a legal obligation to allow civil marriage for those who cannot marry in a religion ceremony. The petitioners include the Hiddush-Freedom of Religion in Israel, The Israel Religious Action Center, the Reform Movement in Israel, Mavoi Satum, Kolech, and others.

Hiddush CEO Rabbi Uri Regev responded “The reality which denies the basic human right of marriage to hundreds of thousands of Israeli citizens is intolerable. This puts Israel at the bottom of comparative indices of religion worldwide. The current petition to the Supreme Court places a heavy challenge to these infringements. The Supreme Court must deal with difficult challenge of that the political system has ignored for decades because of its submission to the ultra-Orthodox parties. Many of the petitioners like “Ezrachim Rabim b’Yisrael” look to the court once again with hope that it will be able to fix the failures of the government.”

The petition, filed by lawyers Ricky Shapiro Rosenberg and Einat Horowitz wrote that the “civil partnership” enacted by the current Knesset was supposed to solve this problem, but changes to the law restricted it from resolving this tremendous gap. The law allows registration as a civil partnership only if both spouses are without religion, and authorizes the religious courts to determine who is without religion and only gives couples the right to marry based on this mechanism, far inferior to the rights given to those who marry in a religious ceremony.

The fact that the Knesset is evading its duty to enact a law which will solve the problem of thousands of citizens unable to fulfill their basic right to marry cannot serve as an excuse for the government not to use its authority and prevent the ongoing violation of human rights,"

Kobi Nachshoni reports in Ynet on the petitioners argue “"The fact that the Knesset is evading its duty to enact a law which will solve the problem of thousands of citizens unable to fulfill their basic right to marry cannot serve as an excuse for the government not to use its authority and prevent the ongoing violation of human rights."

Hiddush’s annual Israel Religion and State Index 2011 reveals that 62% of the Jewish public in Israel is in favor of recognizing all types of marriage including Conservative, Reform and civil. This is compared to 55% in the Winter of 2010. 91% of secular Jews support this right, as do 87% of new immigrants. The Index is a comprehensive public opinion poll conducted by the Smith Research Institute for Hiddush. 82% of Kadima votes, 83% of Labor and Meretz votes and 76% of Yisrael Beiteinu voters were in favor, but only 50% of Likkud voters. This might be explained by the high concentration of religious and traditional individuals among Likkud voters.

See Ynet’s coverage of the Supreme Court petition here

For the Jerusalem Post’s coverage of the case, click here