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"http://en.wikipedia.org/wiki/Gay_rights_in_Israel
Lesbian, gay, bisexual, transgender (LGBT) rights in Israel are considered the most tolerant in the Middle East.<1> In November 2005, a groundbreaking court decision in Israel ruled that a lesbian spouse could officially adopt a child born to her current partner, by artificial insemination from an anonymous sperm donor; this ruling was despite protests by the Orthodox Jewish parliamentary parties (which are a minority). Common law marriage has already been similarly achieved (which grants most of the official marriage rights to the spouse), but full official same-sex marriage has not yet been sanctioned. However, same-sex marriages performed elsewhere are recognized.
Israel, Jordan, Turkey, Iraq and Cyprus are the only countries in the Middle East<2> where homosexuality between consenting adults in private is not illegal and homosexuals are not persecuted under law. In most other Middle Eastern countries homosexuality is illegal, often punishable by flogging and even hanging. Until 2007, Israel was the only country in Asia where homosexuals were protected by anti-discrimination laws.<3> Israel remains the only country in the Middle East to provide such legal protection.
Out Magazine has named Tel Aviv "the gay capital of the Middle East."<4>
Former laws against homosexuality The State of Israel inherited its sodomy or "buggery" law from British influence, but there is no record that it was ever enforced against homosexual acts that took place between consenting adults in private. In 1963 the attorney general declared that this law would not be enforced; however, in certain cases defendants were found guilty of "sodomy" (which according to Israeli law includes oral sex as well), apparently by way of plea bargains: those defendants had been indicted for more serious sexual offences. There were also cases of soldiers tried for homosexual acts in military courts. The ban on consensual same-sex sexual acts was formally repealed by the national legislative assembly Knesset in 1988.<5> The age of consent for both heterosexuals and homosexuals is sixteen years of age.
Recognition of same-sex relationships Main articles: Same-sex marriage in Israel and Civil unions in Israel Israeli law recognizes same-sex marriages performed elsewhere. It is the only country in the Middle East and all of Asia to do so. It does not, however, allow same-sex couples to marry on Israeli soil. It should be noted that civil marriage doesn't exist in Israel for heterosexual couples, either, and therefore no marriage not sanctioned by religious authorities can take place within Israel. (This restriction forces not only gay couples, but also all mixed-religion heterosexual couples and any person who wishes a non religious marriage, to marry outside the country.)
The State of Israel allows foreign partners of its homosexual citizenry to receive residency permits. The Civil Service Commission extends spousal benefits and pensions to the partners of homosexual employees. The Israeli State Attorney's Office has extended the spousal exemption from property-transfer taxes to same-sex couples. Israel's attorney general has granted legal recognition to same-sex couples in financial and other business matters. Attorney General Meni Mazuz said the couples will be treated the same as common-law spouses, recognizing them as legal units for tax, real estate, and financial purposes. Mazuz made his decision by refusing to appeal a district court ruling in an inheritance case that recognized the legality of a same-sex union, his office said in a statement. Mazuz did differentiate, however, between recognizing same-sex unions for financial and practical purposes, as he did, and changing the law to officially sanction the unions, which would be a matter for parliament, according to the statement.
The city of Tel Aviv recognizes unmarried couples, including gays and lesbians, as family units and grants them discounts for municipal services. Under the bylaw, unmarried couples qualify for the same discounts on day care and the use of swimming pools, sports facilities, and other city-sponsored activities that married couples enjoy.
On January 29, 2007, following a Supreme Court ruling ordering them to do so, Jerusalem registered its first gay couple, Avi and Binyamin Rose.<6>
Adoption and family planning See also: LGBT parenting
On January 10, 2005, the Supreme Court ruled that a lesbian couple is able to legally adopt each other's children. During the past 15 years that Tal and Avital Yaros-Hakak have lived together, they have had a total of three children. The couple petitioned the Tel Aviv Family Court for the right to formally adopt each other's children in 1997, but the request was rejected because Israel's adoption law had no provisions for same-sex couples. The couple appealed. While they failed to get a favorable ruling in the Tel Aviv District Court, the Supreme Court accepted the case. Citing Article 25 of the Adoption Law, the Yaros-Hakaks argued that the law allows for "special circumstances" for adoption when it is for the good of the child, even if the child's parents are still alive. The only condition is that the person seeking to adopt be single. The couple argued that since the state does not recognize same-sex marriage, they are single by law. The Yaros-Hakaks added that adoption was in the best interest of the children if one of their natural mothers should die. The Supreme Court of Israel agreed, ruling 7-2 in favor of the couple.
Following the supreme court ruling, a lesbian couple was allowed to adopt each other's biological children on February 12, 2006. Before that, gay partners of parents were granted guardianship over their partner's children.
On March 10, 2009, the Tel Aviv family court ruled that former Knesset member Uzi Even and his life partner, Amit Kama, can legally adopt their 30-year-old foster son, Yossi, making them the first same-sex male couple in Israel whose right of adoption has been legally acknowledged.<7>
Military service See also: Sexual orientation and military service Unlike many other democratic nations, the armed forces of Israel allow service without any distinction based on sexual orientation. Since 1993, homosexuals have been allowed to openly serve in the military, including special units.
In 1956, two soldiers were put on military trial on charges of sexual intercourse 'against nature' and were supposed to be put in military prison for one year, but the punishment was reduced on the grounds that 'homosexuality is a disease, not a crime'. Until the late 80s, the commanders had to report to the military psychiatric department about homosexual soldiers. The vast majority of psychological and psychiatric organizations in Israel and worldwide no longer consider homosexuality to be a disease or defect.
Israeli youth who are exempt from military service can volunteer for national service. Since June 2006, The Association of Gays, Lesbians, Bisexuals, and Transgenders in Israel (Agudah) qualifies as such a service.<8> However, a steadily increasing number of gay recruits do full military service, often in combat units. The Ma'ariv newspaper reported that one of the largest units in the Israeli army, an intelligence processing unit, is well known for the large number of uncloseted LGBT soldiers serving in it.
In a poll conducted in 2006, half of gay soldiers were found to be harassed during their army duty. Most cases involved verbal harassment.<9>
Discrimination protections In 1992 legislation was introduced to prohibit employment discrimination on the basis of sexual orientation, with some exemptions for religious organizations.
Other court rulings The Supreme Court ruled that the partner of a gay employee at El Al, Israel's national airline, is entitled to free airline tickets just as the spouse of any heterosexual employee is.
The Supreme Court recognized a lesbian as the adoptive mother of the four-year-old son of her same-sex partner, and ordered the Interior Ministry to register the adoption.
An Israeli family court on March 17, 2002 turned down an application from a lesbian couple to have their partnership union declared legal. The couple was united in a civil ceremony in Germany. The women wanted the court to recognize their partnership as a civil marriage, under Israeli law. The court said that since the women are not recognized as a family under Israeli law, the court is not authorized to rule on their case. A government lawyer who was asked by the court to give a legal opinion on the case on behalf of the Israeli government said that the state objected to granting the request.
On December 14, 2004, the Nazareth District Court ruled that same-sex couples have the same rights as married couples in inheritance rights. This ruling overturned a Family Court ruling that an elderly man from Kiryat Shmona was not entitled to spousal rights. The man had sought the estate of his late partner, with whom he lived for several decades. The Nazareth judges ruled that the term "man and woman" as spelled out in Israel's inheritance law also includes same sex couples. Judges Nissim Maman and Gabriela Levy, who issued the majority opinion, based their decision on a loose interpretation of the term "partner" as defined in other court rulings, such as those dealing with issues related to employee benefits, and thus applied the interpretation to the inheritance law. The acting president of the Nazareth District Court, Menachem Ben-David, issued the minority opinion, arguing that the legal text should not be interpreted "contrary to the lingual significance." A government spokesperson said the ruling will be appealed.
In December 2004, the Tel Aviv District Court ruled that the government cannot deport the Colombian partner of a gay Israeli man. The 32-year-old Colombian entered Israel on a visitors visa which has long expired and the Interior Ministry had ordered him deported. His partner is an Israeli citizen and a soldier in the Israel Defense Forces. The couple filed an emergency petition with the Tel Aviv District Court. The men were represented by the Association for Civil Rights in Israel. Judge Uzi Vogelman ruled that the government had acted illegally in attempting to deport the man. In 1999 Supreme Court ruling established that the ministry could not deport foreign nationals married to Israeli citizens. Vogelman's decision extends that to apply to common-law marriages, including same-sex couples.
In March 2008, Israel's Interior Ministry granted a gay Palestinian from Jenin a rare residency permit to live with his partner of 8 years in Tel Aviv after he said his sexuality put his life in danger in the West Bank.<10> <<
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