High Court says lawmakers must rule on issue of same-sex marriage

The issue of same sex-marriage must be decided on by the Knesset, the High Court of Justice ruled on Thursday, following a petition claiming discriminatory practices against gay couples.

The National LGBT Task Force advocacy group had petitioned the court and asked that gay couples be allowed to marry outside the rabbinical court system, which has exclusive legal powers over Jewish marriage matters in Israel. The three-judge panel agreed that the current laws were discriminatory, but ruled that the matter should be addressed by lawmakers rather than by the judiciary.

"Denying certain groups in Israeli society the legal status of marriage sends the message of inequality and even moral inferiority, implying that the relationship [among same-sex individuals] is not worthy of respect and protection," Justice Anat Baron wrote. "The petitioners are therefore correct in claiming that their exclusion from the institution of marriage infringes upon the fundamental rights of same-sex couples."

LGBT Task Force chairwoman Chen Arieli remained hopeful despite the court's decision. "Legal precedents have been crucial in the fight for LGBT rights in Israel, and it is unfortunate that in this important case the High Court decided to send this back to the Knesset and turn it into a political issue," she said. "But it is important that the we read the subtext of the decision, which clearly shows that there is discrimination and injustice in the current system. Our fight continues. Love is love; and every form of love is equal."

Meretz Chairwoman Zehava Galon said that "the Knesset must step up to the plate and carry out what the High Court told it to do by making it clear, once and for all, that LGBT couples deserve the right to marry just like everyone else in Israel, that they are equal and that the outrageous discrimination that has been in place so far is a disgrace to a democracy."