We are all a mix of masculine and feminine qualities. However, this mixture is often monitored by the society we live in. Boys learn pretty quickly that they should not cry or play with dolls. Girls learn that they should look a certain way. Living an androgynous lifestyle involves a state of mind and external gender expression.

The Androgynous Mindset

Androgyny is when an individual does not see themselves as being male or female. Some of them have a biologically assigned gender, but they do not identify as those chromosomes. Not all people are born with a male or female body. Those who are born inter-sexed may identify as being androgynous.

People who are androgynous may feel frustrated living in a world that is very segmented when it comes to gender. In our society, male and female are seen two different worlds. However, people who are androgynous blend those worlds.

Androgyny allows everyone despite gender, to be sensitive, strong, beautiful, smart, and assertive. It does not matter if someone is a boy or a girl, that child can play with dolls or trucks. It allows people to have freedom when it comes to gender expression.

Some people who identify as androgynous may wish for gender neutral pronouns. These are common in other languages. The most common is “hir.” There is an effort for other gender neutral pronouns, such as “zhe,” “zher,” and “zhim.” Since these are not yet common in the English language, people may wish for a mix of pronouns to be used. This means switching between male to female pronouns.

Genderqueer is a related term. This is newer and adopted by many teens and young adults to express their feelings about gender. People who are genderqueer may appear androgynous, but the emphasis is placed upon their internal feelings on gender.

Expressing Androgyny

Most people reference Pat from Saturday Night Live when they think of androgyny. This is far from the truth. An androgynous look can be beautiful and stylish.

Biological females may or may not bind their chests. Curves are usually associated with femininity, so some people who have these curves may bind them to appear more androgynous. Depending on facial structure, hair can be grown long or cut short. There are many unisex hairstyles that can be used to achieve an androgynous look.

The great thing about androgyny is the freedom to express yourself however you like. No matter what your gender, if you like a certain accessory, hat, or shirt, you can wear it. The combination of these traditionally male and female elements is what creates an androgynous style.

These elements can be used to the extent to which you feel comfortable. Some people dress simple to express androgyny. They may wear unisex clothing, limit accessories, and have a simple haircut. Others may use make up, elaborate clothing and accessories, and can have wild hairstyles. This is up to the individual.

Some people may have sex reassignment surgery. This includes some of the same procedures that transgender people may have. Not every androgynous person feels the desire for surgery. It depends upon the individual.

Identity and Coming Out

Those who identify as being androgynous may find themselves struggling with the same issues as many gay, lesbian, bi sexual, and transgender people. They may feel ashamed of who they are, or like they do not fit in with general society.

Support groups can be found online and in the community. There are also social networking sites that can connect you with others. Joining these can help you feel less alone.

In certain situations, it may become necessary to address your androgynous identity. This may involve expressing your desire for gender neutral pronouns, or that you do not want to be referred to as one specific gender. Coming out is a scary thing, but it also gives you a chance to educate others.

It is vital to be who you are. Everyone deserves to be comfortable with themselves both internally and externally. Gender expression is healthy, and there is nothing to be ashamed about.

Originally posted at Suite 101

Something I have noticed a lot of lately is straight people, especially straight females, who go out of their way to surround themselves with gay (usually male) friends. While it is great that people are becoming more open and accepting of other’s differences, a lot of these friendships seem more based on following a trend than on actually wanting friendship. It’s trendy to say things like “it’s okay, I have a lot of gay friends!”

With shows like Will and Grace and Queer Eye for the Straight Guy, a lot of straight girls seem to find having a gay male friend to be “fashionable.” They just want a guy to go shopping with. 

Gay culture is also becoming trendy and fashionable, and they want to be part of it even though they are not gay themselves. By having a gay friend, straight people can feel like they are being supportive of the cause and part of some great social movement. 

Straight men are not exempt from this phenomenon either. Straight guys seem to gravitate toward lesbians and bisexual women. This, however, is for a completely different reason than that of their female counterparts. These straight men are arrogant enough to think that if they spend enough time with a lesbian, they can “convert” her, or that she is only gay because she hasn’t met the right man yet (which, of course, will be them). 

Straight men also assume that all bisexual women are sex-starved sluts who can’t wait to get with any straight man and a couple of their female friends at the same time. This is usually only a fantasy, because most bi girls.

Women need to stop looking at gay men as fashion accessories and straight men need to stop seeing lesbians and bi women as sexual objects. People are people, no matter what their sexual preference, and they deserve to be treated as human beings. 

Myths About Bisexuality

Why Do So Many Women Identify as Bisexual? – Part 1: Attention

Why Do So Many Women Identify as Bisexual? – Part 2: Confusion

Why Do So Many Women Identify as Bisexual? – Part 3: Real Bisexual Women

Can Anyone be Truly Bisexual?

Is Sexual Orientation a Choice?

Why “Don’t Ask, Don’t Tell” Should NOT Have Been an Issue in The First Place

Get Paid to Write!

Coming out is a difficult process for most gay, lesbian, and bisexual people. The most difficult part of the coming out process may be coming out to yourself and accepting your own sexuality. You may be wondering if you are actually gay or bi, or if you are simply “confused.” You may also be reluctant to accept the fact that you are attracted to members of your own sex if you were raised in a homophobic environment, and want to continue to live in denial. These feelings are normal, but it is important to accept yourself for who you are if you want to be truly happy.

How can you know if you are gay or just “confused?” If you are attracted only to members of your own sex, you are gay. If you are attracted to both genders, you are bi. It’s that simple. Where it gets confusing is when you are in denial. Most of us were told from a young age that we would eventually settle down with someone of the opposite sex, and have internalized this “goal.” It can be difficult to determine if you are actually attracted to the opposite sex, or if you are simply attracted to the idea of settling down in that “normal” life that your parents always wanted for you. For example, if you’re a woman, you may date men simply because you have been socialized to want marriage and children someday, even if deep down you know that you really want to be with another woman. 

There is no such thing as being “confused.” Straight people like to throw this word around to make non-straight people feel like there is something “wrong” with their sexual attractions, and that eventually they will figure it out and end up with someone of the opposite sex. Any “confusion” you feel is simply the result of internalized denial. Once you learn to accept yourself for who you are, you won’t feel “confused” anymore.

Before you can come out to other people, you must first come out to yourself, and actually learn to accept your sexual orientation as part of your identity. To begin this process, you may want to write your feelings down in a diary or journal. It may seem a bit juvenile to keep a diary, but writing down your thoughts and feels are a great way to sort them out.  Start a diary entry with “I am gay” or “I am bisexual” (whichever the case maybe), and write down all of your feelings surrounding this new revelation to yourself. You may want to write about how you first started to think you were “different” (for example: Was there anyone you had a crush on as a kid who was the same gender as you? When did you first notice you were attracted to other girls/boys?). It may seem silly to write this down, but seeing it in black and white can help you to actually accept it. Remember, no one else is going to read your diary or journal. 

You may also want to see if there is a Gay-Straight Alliance or any support groups for gays, lesbians and bisexuals in your area or at your college. Talking to other people who have been through the same thing as you can help you to better come to terms with your own sexuality. If you have no one to talk to about these issues who actually understands how you feel, you may feel alone, which can make it much more difficult to accept yourself. It is also a good idea to have a support system in place before you come out to those closest to you. You want to have someone to turn to if your friends and family aren’t as supportive as you had hoped. 

It is important to your mental health and well being to be able to accept yourself for who you are. If you are still in the closet, it is time to stop living in denial and come out. The first person you need to come out to is yourself. If you can’t accept yourself for who you are, who can?

You may also be interested in: 

Is Sexual Orientation a Choice?

Why “Don’t Ask, Don’t Tell” Should NOT Have Been an Issue in The First Place

What Does “Interested in” Mean on Facebook?

Myths About Bisexuality

Why Do So Many Women Identify as Bisexual? – Part 1: Attention

Why Do So Many Women Identify as Bisexual? – Part 2: Confusion

Why Do So Many Women Identify as Bisexual? – Part 3: Real Bisexual Women

Can Anyone be Truly Bisexual?

Get Paid to Write!

Bisexuals are confused

A popular myth about bisexuality is that bisexuals are simply confused, and don’t know what their sexual orientation is yet. While some gay people may identify as “bisexual” while in the process of coming to terms with their sexual orientation, the majority of people who identify as bisexual actually are attracted to both males and females. 

Bisexuality is just a phase

This myth is related to the myth that all bisexuals are confused. Some people who identify as bi may eventually identify as straight or gay, but others will remain bisexual their entire lives.

People who claim to be bi are just looking for attention

It may seem as if everyone who identifies as bisexual is simply seeking attention. This is because of the trend for straight girls to make out with their friends and then claim to be bi. This phenomenon is a direct result of the pressure put on them by their male peers to conform to this common male fantasy. The girls who “experiment” with their female friends, but have no real sexual or romantic interest in women beyond attracting the attention of men or satisfying a media-induced curiosity have nothing to do with real bisexuals, who are actually interested in both men and women. 

All bisexuals are promiscuous

This is also a very common myth about bisexuals. Some people think that being bisexual means that you have to have at least one partner of each gender at any given time, or that bisexuality means that you are willing to sleep with anything with a pulse. This is just not true. Bisexuals are just as capable of having a monogamous relationship as straight or gay people. Straight and gay people are also just as likely to sleep around or cheat on their partners.

Sexual orientation changes depending on the gender of one’s partner

It is easy to assume that a woman dating a man is straight and a woman dating a woman is a lesbian. This might not always be the case. If a woman is bisexual, she won’t stop being attracted to men just because she is currently dating a woman, or vice versa. 

Only women can be bisexual

There are plenty of men who are attracted to both males and females, though bisexuality is more prevalent in females. This could be due to cultural expectations of each gender, or because of differences in sexual expression between males and females. 

Everyone is bisexual

Though this myth stands in contrast to some of the other myths, there are people who claim that everyone is bi. It is common for most people to have some sort of same-sex attraction at some point in their lives. This does not, however, necessarily mean that they are bisexual. Simply thinking that someone of your own gender is attractive doesn’t mean you are necessarily attracted to them. 

You can’t be bisexual unless you’ve slept with people of both genders

This myth makes no sense. Using this type of logic, all virgins must be asexual (not sexually attracted to anyone). If a virgin identifies as gay or straight, no one questions their orientation. However, many people say that you have to experience sex with a man and a woman before you can claim to be bisexual. You choose who you actually sleep with. You cannot, however, choose your sexual orientation. 

Bisexuals are accepted by straights/Bisexuals are accepted by gays

It is a myth that bisexuals have it easy when it comes to fitting in to different segments of society. It is common for both straight and gay communities to ostracize bisexuals. People who identify as bisexual are often shunned by straight and gay communities alike.

You may also be interested in:

Why Do So Many Women Identify as Bisexual? – Part 1: Attention

Why Do So Many Women Identify as Bisexual? – Part 2: Confusion

Why Do So Many Women Identify as Bisexual? – Part 3: Real Bisexual Women

Can Anyone be Truly Bisexual?

Is Sexual Orientation a Choice?

Why “Don’t Ask, Don’t Tell” Should NOT Have Been an Issue in The First Place

Sexual Orientations That You May Never Have Known Existed

Get Paid to Write!

In November 2006, the Israeli Supreme Court, under the supervision of Aharon Barak, made worldwide news when it held that officials in the Population Registry must register the marriages of same-sex couples performed abroad for statistical purposes.[1], [2]  The Supreme Court decision caused an outcry among Israel’s religious citizens and many right-wing officials.[3]  At the same time, it caused much confusion as to what the holding truly meant for same-sex couples and their struggle for recognition in the State of Israel.  Did the Supreme Court’s holding express an implicit recognition of same-sex marriages within Israel?  Would religious officials now be required to marry same-sex couples if it was inconsistent with their own religious beliefs?  Could same-sex couples now marry within the State of Israel as opposed to having to travel abroad?  The Supreme Court’s decision elucidated many points on where Israel’s secular judiciary stood on the issue of same-sex marriage in Israel, while at the same time it left open questions that have yet to be resolved in a legal venue.

In 2005, five Israeli same-sex couples travelled to Toronto, Canada, a country that both recognizes and performs civil same-sex marriages, and received marriage licenses there.[4]  Upon returning home to Israel, these couples visited the Population Registry Administration in the Ministry of the Interior to request that their statuses be changed from ‘single’ to ‘married’ in the Registry’s statistical records.[5]  The officials in the Population Registry subsequently denied each request.[6]  The couples brought suit in Israel’s secular courts, ultimately petitioning the Supreme Court, which granted review.[7]

In an 8-1 decision[8] and one of the last to be penned by Aharon Barak, President of the Israeli Supreme Court, the Court granted the same-sex couples’ petitions and ordered the officials in the Population Registry to register all five same-sex couples as married and held that all requests for change-of-status be granted to same-sex couples in the future.[9]  The Supreme Court framed the issue as whether the registration clerk acted appropriately under the applicable Population Registry Law when he refused to register the marriages.[10]

The Court relied heavily on past case precedent involving same-sex couples and, in particular, their right to register as dual parents to a child and the right to same-sex, second-parent adoption under Israeli law.[11]  The leading precedent that aided the Court in its ultimate holding, however, was that of Funk-Schlesinger v. Minister of the Interior.[12]  In Funk-Schlesinger, a Christian woman and a Jewish man married outside of Israel in Cyprus.[13]  When they returned to Israel, they asked an official in the Population Registry to be registered as married in Israel.[14]  As Israel does not have a system for civil marriage, all marriages in Israel must be ordained by a religious official.[15]  As a result, the couple’s request was subsequently denied.[16]  In this case, the Court held that the couple should be registered as married solely because it was not within the scope of the Population Registry to determine matters of personal status; the Court held that the Population Registry was a statistical database and nothing more.[17]  Consequently, they were ordered to register even marriages that were performed outside of Israel’s borders and not in accordance with Israeli religious law.[18]

The Funk-Schlesinger Court was also very careful to emphasize that it was not addressing the issue of the validity of the marriage in question, which is generally an area of law that, as a matter of personal status, is left to the religious courts to adjudicate.[19]  Instead, the Court narrowed the issue to focus solely on the scope of the Population Registry’s duties and their right to exclude certain groups of people from registering as married over others.[20]  In addition, the Court noted that the registration clerk could refuse to document the facts that were requested to be registered only in an instance where they are manifestly wrong, citing an example of an adult requesting to be registered as a five year old child.[21]

_____________________________Previous part: Laying the Framework for Same-Sex Marriage in IsraelNext part:Ben-Ari v. the Department of the Population Administration in the Ministry of the Interior: Same-Sex Marriage in Israel? (Part 2) (Coming soon.) _____________________________

[1] Ben-Ari v. The Director of the Population Administration in the Ministry of the Interior, (2006) HCJ 3045/05.

[2] N.B. The Ben-Ari decision is not currently available in English.  All mentions of legal reasoning discussed in this paper derive from the following citation: Aeyal Gross, Report from Israel: Registration of Same-Sex Marriage, New York Law School Lesbian/Gay Law Notes (December 2006), http://www.nyls.edu/centers/harlan_scholar_centers/justice_action_center/publications/lesbiangay_law_notes.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] Sources are inconsistent as to whether this was an 8-1 decision or a 6-1 decision.  Aeyal Gross’s article (cited supra, n. 61) states that the decision was 8-1, while other sources such as New York Law School Professor Arthur Leonard asserts that the decision was 6-1.  Arthur Leonard, Same-Sex Marriage in Israel – Sort of… (November 2006), http://newyorklawschool.typepad.com/leonardlink/2006/11/samesex_marriag.html.  For consistency’s sake, I chose the figure cited by A. Gross, an Israeli law professor and legal scholar in Israeli Constitutional Law, because I cite to his article in Lesbian/Gay Law Notes more frequently than any other.

[9] Gross, supra, n. 61.

[10] Id.

[11] Berner-Kadish (2000), 1770/99; Jaros-Hakak, (2001), C.A. 10280/01.

[12] Funk-Schlesinger v. Minister of the Interior, (1963), HCJ 143/62.

[13] Id.

[14] Id.

[15] Id.

[16] Id.

[17] Id.

[18] Id.

[19] Id.

[20] Id.

[21] Id.

Israel has had a relatively short but progressive history toward the granting of equal rights to Israel’s gay and lesbian community that rivals the most liberal of countries in some respects.  Israel’s sodomy laws were inherited from the English common law system and remained in effect in the penal code until 1988 when they were repealed by members of the Israeli Knesset.[1]  Compared with the United States Supreme Court’s decision to de-criminalize sodomy throughout the remaining states that still retained sodomy laws in Lawrence v. Texas[2], which didn’t take place until 2003, Israel certainly seems to have taken steps toward protecting its gay and lesbian population at a very early stage in the worldwide lesbian, gay, bisexual, and transgender movement as a whole.

In 1994, Israel took another major step toward equality when the Supreme Court held that same-sex couples must be treated the same as an opposite-sex couple in the context of employee benefits in El-Al Israel Airlines Ltd. v. Danielowitz.[3]  In this case, Jonathan Danielowitz, who was employed by El-Al as a flight attendant, was involved in a committed and stable relationship with another man.[4]  Under a collective agreement, El-Al gave a free airplane ticket each year to their employees and his or her spouse.[5]  El-Al also presented the same gift to a companion recognized publically as the employee’s husband or wife.[6]  When Danielowitz requested a free ticket for his male companion, his request was denied.[7]

The majority opinion, written by Aharon Barak and Dalia Dorner, held that El-Al’s refusal to give Danielowitz an additional plane ticket for his same-sex companion constituted discrimination; a distinction between heterosexual and homosexual relationships was held to be unjustified in the context of employee benefits.[8]  The Supreme Court defined discrimination as “different treatment without an objective justification,” and determined that the difference between a social unit – or a “life of sharing” – between people of different sexes as opposed to between people of the same sex amounts to unjustifiable discrimination.[9]  The Supreme Court concluded that the only acceptable remedy in this particular situation was to confer the benefit of an additional airplane ticket on same-sex cohabitants just as El-Al currently did to opposite-sex couples.[10]

In 1999, Israel’s Supreme Court again ruled in favor of a same-sex couple when it recognized one citizen’s lesbian partner as another legal mother of her partner’s biological son.[11]  Only a year later, Israel also began to recognize same-sex relationships for immigration-related purposes for an Israeli resident’s foreign partner.[12]  In addition and during the same year, the Supreme Court expanded the decision in Berner-Kadish by holding that same-sex second-parent adoption was a possibility under Israeli Law.[13]  Thus, leading up to the Supreme Court’s decision ordering the Population Registry’s officials to begin registering same-sex Israeli couples married abroad for statistical purposes, the Israeli Supreme Court seems to have taken many progressive steps toward ensuring that gay and lesbian citizens are granted equal rights under the law in Israel.

_____________________________Previous part: The Israeli Legal System Today: Characteristics Next part: Ben-Ari v. the Department of the Population Administration in the Ministry of the Interior: Same-Sex Marriage in Israel? (Coming soon.)_____________________________

[1] Lee Walzer, Queer in the Land of Sodom, http://www.thegully.com/essays/gaymundo/020220_gay_israel_history.html (published February 21, 2002).

[2] Lawrence v. Texas, 539 U.S. 558 (2003).

[3] El-Al Israel Airlines Ltd., v. Danielowitz, (1994) HCJ 721/94.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Id.

[11] Berner-Kadish v. Minister of the Interior, (2000) 1770/99; Deborah Sontag, Matan Has Two Mommies, and Israel Is Talking, http://www.nytimes.com/2000/06/04/world/matan-has-two-mommies-and-israel-is-talking.html (published June 4, 2000).

[12] LGBTQ Timeline, http://bama.ua.edu/~safezone/ (last updated January 1, 2008).

[13] Jaros-Hakak v. Attorney General, (2001) C.A. 10280/01.

Israel’s current legal system is derived from Western legal concepts and culture; the country’s principles and ideas are governed by the rule of secular, rational law, and special emphasis is given to solving the problems of members of its society through the court system and by application of germane laws.[1]  The law in Israel is understood to be a concept that enables both social progress and change in Israeli society today.[2]

First and foremost, Israel’s legal system differs from that of many of its Western counterparts’ in that it does not have a single document, written constitution.[3]  While Israel does have a Declaration of Independence that was issued subsequent to the termination of the British mandate in Palestine and on the day of Israel’s formation as a modern country, this declaration is not viewed as a constitution in and of itself.[4]  It has instead been interpreted by Israel’s Supreme Court simply to personify the wishes and aspirations of the founding fathers for their new country.[5] Consequently, no power is granted to the judiciary in vetoing legislation that runs contrary to its content.[6]  The Supreme Court, however, has managed to develop basic constitutional rules without the existence of a single document constitution that is so vital to many other Western democracies, because the Court has held that matters which can be interpreted many different ways must be read in a way that is consistent with the ideals found in its original Declaration of Independence.[7]  In 1992, the judiciary began to recognize the eleven Basic Laws that related to different aspects of Israeli law[8] as a form of constitution, although this too did not form a single document and remains a matter of social debate in Israel today.[9]  Legislation instead is the basis of the Israeli legal system and is not supplemented by case law, as most areas of law in Israel have been codified in statutes since the government was first formed in 1948.[10] 

 Israel’s legal system today is influenced both by aspects of civil law and common law, although the latter appears to be emphasized more in judicial sentiment.  Indications of the Israeli judiciary’s employment of civil law standards are evidenced in the codification of most laws into statutes and the utilization of civil law ideas such as good faith, abuse of right, and so on.[11]  In addition, true to civil law principles, judges in Israel also have the power to fill in gaps where they occur in statutes.[12] 

 Common law influence, on the other hand, is seen in even more instances in Israel’s legal system.  Case law in Israel is created as a result of the Israeli judiciary’s great discretion and power over their own decisions.[13]  The rule of precedents[14] is adhered to in Israel and, as a result, judgments of the Supreme Court are binding on all lower courts.[15]  As in other countries that adhere to the common law, these decisions are personalized and contain majority, minority, concurring, and dissenting opinions.  The Supreme Court in Israel does not, however, have to follow its own, past decisions, and it enjoys special status as the highest court in Israel, consequently having a very strong influence on Israel’s lower courts.[16]  As a result of the country’s use of both civil law and common law ideas, Israel is considered a country that uses a hybrid legal system known as mixed jurisdictions.[17]

At the same time that Israel applies secular, rational laws to the cases it decides and the legislation it creates, it purports to be a Jewish state.  Both its Declaration of Independence and two of its eleven Basic Laws describe the State of Israel as a country that is Jewish and democratic in nature.[18]  Religious law thus remains in effect in Israel today.  It includes – but is not necessarily limited to – belief systems such as Judaism, Islam, and Christianity.  It is, however, significantly limited in its scope of applicability.[19]  Such law applies with respect to personal status matters such as marriage and divorce and is litigated in religious courts.[20]  Even this form of application of religious law remains subject to the Supreme Court’s supervision, however.[21] 

Jewish aspects of the State of Israel are also clearly manifested in some pieces of legislation and decisions in case law.[22]  Unlike many other Western democracies on which Israel has based its own legal system, separation of Church and State simply does not exist in the State of Israel.  The Law of Return, which allows the right of every Jew to immigrate and become a naturalized citizen in Israel, is just one example.  In addition, the country provides particular religious services for those who wish to make use of them, and there are statutes that enforce some religious beliefs.[23]  For example, there is no public transportation on Sabbath in some Israeli cities and all state facilities such as army bases keep kosher, maintaining Jewish dietary restrictions.  Thus while Israel’s legal system today certainly makes use of some civil law concepts and even more common law ones, there is still a religious aspect to some areas of law in Israel, particularly with respect to personal matters.  Marriage and divorce fall into this latter context.

_____________________________

Previous part:The Israeli Legal System: Historical Background

Next part: Laying the Framework for Same-Sex Marriage in Israel (Coming soon).

[1] Id.

[2] Id.

[3] Levush, supra, n. 3.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] These laws concern the Knesset, Israel Lands, the President of the State, the Government, the State Economy, the Army, Jerusalem Capital of Israel, the Judiciary, the State Comptroller, Human Dignity and Freedom, and Freedom of Occupation.  See Levush, supra, n. 3.

[9] Id.

[10] Id.

[11] Barak, supra, n. 13.

[12] Id.

[13] Levush, supra, n. 3.

[14] The rule of precedents is also known as the legal principle of stare decisis.

[15] Barak, supra, n. 13.

[16] Levush, supra, n. 3.

[17] Id.

[18] Id.

[19] Id.

[20] Id.

[21] Id.

[22] Id.

[23] Barak, supra, n. 13.

The country of Israel has been known by varying names throughout written history.  In a Biblical context, it was the name of the northernmost kingdom in the southern tip of the Levantine Crescent.[1]  After the Babylonian Empire conquered the area in the sixth century BCE, the Kingdom of Israel ceased to exist by this familiar name for approximately twenty-five hundred years until the formation of the State of Israel in 1948 CE.[2]

In the interim, the land area that now constitutes Israel was generally referred to most frequently as Palestine and was ruled under the auspices of the Ottoman Empire starting in the sixteenth century.[3]  Officials of the Ottoman Empire employed traditional Islamic religious law during this period; no civil legal system was in place.[4]  Although the Ottoman Empire remained in power throughout the nineteenth century and the early years of the twentieth century, as modern European laws began to influence the Ottoman Empire as a whole, so too were some of these laws adopted and applied in Palestine during this period.[5]

With the defeat of the Ottoman Empire at the end of World War I, England established a British mandate that not only preserved the pre-existing Islamic religious laws but also progressively replaced it with laws of decidedly English influence.[6]  Most statutes that were enacted during the thirty years that the British Empire governed Palestine were copied – sometimes verbatim – from parallel British or other commonwealth statutes.[7]  In addition, principles of British common law were applied in instances where there was a gap in the local law.[8]  At the same time that they were gradually replacing existing local laws with their own common law rules, the British allowed the Ottoman system of family law to remain intact; these laws gave religious courts the authorization to adjudicate matters of personal status such as marriage and divorce over members of their respective religious communities.[9]

The modern State of Israel was established on May 14, 1948.[10]  Existing law remained in place following Israel’s establishment, subject to new developments over the course of several decades in Israel’s early history.[11]  Eventually, pre-existing Islamic religious law and British common law were replaced both by laws enacted by the legislative branch of the Israeli government (the Knesset, or Parliament), and by Supreme Court case decisions.[12] 

There are three main periods of legal development over the fifty-two years that Israel has been a modern, independent nation.  The first period encompasses the 1950’s.[13]  It was marked by the Knesset’s enactment of many statutes, primarily concerning social security and labor relations.[14]  The Law of Return, which also guarantees every person of standardized, verifiable Jewish descent who immigrates to Israel automatic naturalized citizenship, was also enacted during this time period.[15]

The second period is made up of the subsequent four decades in Israel’s legal history.  It was typified by a more standardized approach to codifying private laws, and nearly all Ottoman-enacted and English common law rules were abolished at this time.[16]  A statute enacted in 1980 dictated that when gaps in the law now occurred, they “should be filled by analogy, and in its absence by reference to the principles of liberty, justice, equity, and peace of Israel’s heritage.”[17]  In addition, Israel’s new laws were being influenced both by United States common law and European civil law systems, as many people who were involved in these developments received their legal education abroad, particularly in continental Europe.[18]  As Israel’s Supreme Court began handing down decisions on cases involving a myriad of different legal issues in the ensuing decades, as well, the Israeli judiciary began to develop its own form of common law, typically referred to as ‘common law Israeli style.’[19]

 The last period of legal development in Israel’s history started in the 1990’s and continues on to the present. In the public sphere, a Bill of Rights was finalized, while a modern civil code and other forms of rule codification were completed in the private sphere.[20]  Additionally, the Basic Laws created in the decades after Israel’s inception, which more or less made up a Constitution of sorts in that nation, were during this time now considered the supreme law of the land.[21]  As a result, judicial review also now existed in light of these laws.[22]  Lastly, all statutes are now interpreted in light of “a new balance between the individual and society,” based on the now finalized Bill of Rights.[23]

_____________________________

Previous Part: Introduction
Next part: The Israeli Legal System Today: Characteristics (Coming soon).

_____________________________

[1] Amélie Kuhrt, The Ancient Near East c. 3000-330 BC, vol. 2, 592 (Routledge, 1995).

[2] Id.

[3] Ruth Levush, Israeli Law Guide, http://www.llrx.com/node/1965/print (last updated November 24, 2007).

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Aharon Barak, Some Reflections on the Israeli Legal System and Its Judiciary, Elec. J.Comp. L., vol. 2 (April 2002), http://www.ejcl.org/61/art61-1.html.

[14] Id.

[15] Id.

[16] Id.

[17] Id.

[18] Levush, supra, n. 3.

[19] Barak, supra, n. 13.

[20] Id.

[21] Id.

[22] Id.

[23] Id.

This intolerance has even shown up in full force around college campuses.  College is a time for growing up and maturing, a transition between carefree days in high school and life in the real world.  It seems as though some college students have not fully grasped the concept of maturity and are still plagued by feelings of superiority and inequality.  

The most recent homophobic college act took place at a college in New England last week.  Late night vandalism targeted GLBT students, threatening them to get out of their dorms or they would regret it.  Homophobic slurs and inappropriate drawings were also found.  Students were left feeling restless and unsafe, and the student who committed the vandalism is due in court this week. 

A peaceful protest by the GLBT community has been taking place in the college library, quietly drawing attention to their cause and making a list of demands for the administration to respond to before they leave the library.  Many students have been supportive of this cause, but unfortunately, many students also have not.

Regardless of your own sexual orientation, regardless of your own personal beliefs on the subject, it’s time to let people live their own lives.  No one should be made to feel as though death is their only way out.  Five lives did not have to be lost in these past weeks; five students did not have to die, but they did as a result of intolerance from their peers.  Accepting other people’s lifestyles are not going to change yours in any way, except maybe for the better. 

In November 2006, the Israeli Supreme Court handed down a case ruling instructing the director of the Population Registry Administration in the Ministry of the Interior to begin registering same-sex marriages of Israeli citizens performed abroad.  The decision marked a continuing trend of recent progressive Supreme Court decisions advancing the rights of the lesbian, gay, and bisexual community in Israel.  At the same time, however, the Supreme Court’s decision was also a cause of much confusion over how a country where civil marriages do not currently exist could seemingly recognize same-sex marriages when the religious courts, which preside almost exclusively over personal matters such as marriage and divorce, expressly refuse to grant them similar recognition.

Understanding the underlying reasoning behind the Supreme Court’s decision with respect to allowing same-sex marriage registration in Israel requires both a knowledge of Israel’s legal system from a historical context and an understanding of the characteristics that make up the legal system that the Israeli Supreme Court employs today when making decisions on such matters.  As a relatively young country, it is possible to trace the progression of certain legal concepts and social attitudes in a way that aids in the explanation of the Israeli Supreme Court’s ultimate decision to order the registrations of same-sex marriages performed abroad.

Additionally, the decision to allow registration appears to be the majority’s deliberate framing of the issue in a way that removed the question of the validity of same-sex marriages entirely.  This allowed the Supreme Court jurisdiction to decide the matter outside of the religious court system where personal matters such as marriage are generally adjudicated.  The Israeli Supreme Court’s liberal interpretation of stare decisis and its apparent encouragement of social progress in Israeli society have paved the way for decisions that extend additional rights to Israel’s lesbian, gay, and bisexual community.  Israel as a nation whose legal system is culturally Western in nature will not, however, be able to fully embrace and recognize same-sex marriage within its borders unless it provides the option for civil marriages, both to its heterosexual and homosexual citizens.

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Next part: The Israeli Legal System: Historical Background