Family in every respect

By Haaretz Editorial

Attorney General Menachem Mazuz’ decision to allow homosexuals to adopt children does not change the status quo, but rather cements the current situation. In the wake of the 2005 Supreme Court ruling in the Yaros-Hakak case, dozens of homosexuals and lesbian couples have already adopted their partners’ children.

The attorney general did well in not passing along the hot potato of same-sex couple adoption to the High Court of Justice again. Had he chosen this familiar and safe method, he would have spared himself a great deal of criticism from religious circles. But then the issue would have been on hold for years at the expense of homosexual and lesbian couples as well as children who are candidates for adoption.

The modern secular family exists in many forms - including single-parent families and same-sex couples - and their rights are equal to those of any other family. It is good that this is obvious to the attorney general. Advertisement The first breakthrough in the struggle by same-sex couples was achieved on a rather marginal issue. In 1994 the High Court of Justice ordered El Al to grant flight attendant Yonatan Danilowitz tickets for his male partner. In this ruling, the High Court of Justice recognized for the first time that partners of the same sex may be considered common-law spouses.

From then until 2004, most of the legal victories for homosexuals and lesbians were achieved in lower courts and therefore were rather fragile. Most of the important achievements were obtained during the past three years. The High Court of Justice ordered the registration of same-sex couples who married abroad and also recognized their right to adopt. Mazuz has ordered government ministries to deal in an egalitarian way with same sex-couples on economic issues such as inheritance and taxation.

However, it has emerged that the ruling on marriage registration has benefitted gay male couples. Lesbians earn less than men, on average, and therefore it is more difficult for them to travel to Canada to get married. Sooner or later Israel will have to deal with the demand of same-sex couples to hold commitment ceremonies in their own country, just as it will have to deal with a similar demand by 300,000 citizens of no religion.

Shas is not pleased, predictably, by the attorney general’s decision, but it is hard to understand the conditioning that causes them to react with slander and curses every time homosexuals and lesbians are mentioned. The chairman of Shas, Deputy Prime Minister and Minister of Industry, Trade and Labor Eli Yishai, has been quoted as having said that Mazuz’s decision is "nauseating." However, the only nauseating thing in the public discussion of homosexuals and lesbians is the remarks by religious public figures.

They allow themselves to express themselves in this way, inter alia, because of the absence of adequate response. This must not be condoned. Every statement of this sort must be condemned and attacked in order to make it clear that the reputation of homosexuals and lesbians is not to be dragged through the mud.

Haaretz.com


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