Israel is one of the very few countries in the Middle East where LGBT rights are legally recognized and protected. Same-sex couples in Israel face a number of unique challenges when attempting to obtain legal status on the basis of shared household/joint life or marriage. In this article, we will look at the procedure for obtaining such legal status and the key points to consider.
In Israel, there is a concept of joint life (or de facto relationship), which allows mixed couples in which one of the partners is a foreign citizen, which are not formally married, to receive certain rights and legal status in Israel.
In order to obtain legal status on the basis of joint life, the couple shall provide evidence that they live together and maintain a common household- or, if the non-Israeli is not yet in Israel, that they mean to do so. This includes provision of the foreign partner’s personal documents, rental agreement, photographs and other documents. This process is not much different from a similar process for a different-sex couple.
The process of receiving legal status for a same-sex married couple, as with a different-sex couple, is shorter and allows for quicker acquisition of legal status for a foreign spouse.
Although same-sex marriages are not performed in Israel, the State recognizes marriages that took place outside of Israel in accordance with the laws of that country.
Thus, an Israeli citizen who wishes to marry his same-sex partner can marry in any other country where it is possible and then register the marriage in Israel. Once the marriage has been registered with the Ministry of Interior of Israel, the couple is entitled to request legal status for the foreign spouse.
Upon marriage abroad, the couple shall submit an official marriage document validated by an Apostille, as well as other documents confirming the validity of the couple’s relationship and their center of life in Israel.
It should be noted that until a few years ago, married same-sex couples intending to obtain legal status in Israel had to apply for such status on the basis of the instructions of the Ministry of Interior for unmarried couples. But since Israel is a democratic state, the Ministry of Interior of Israel equated same-sex couples with different-sex couples.
But despite progressive legislation, same-sex couples in Israel still face a number of challenges:
– There are still preconceived notions and stereotypes in society, which is often the reason for the biased views of the clerks of the Ministry of Interior of Israel towards such couples;
– Israel is a state with deep religious roots, and issues related to same-sex relationships can be controversial and provoke disputes, which is also often the cause of biased attitudes on the part of the Ministry of Interior.
Israel is making great strides towards recognizing and protecting the rights of same-sex couples. However, the road to full equality still remains to be traveled. When attempting to obtain legal status in Israel, same-sex couples shall carefully study all requirements and procedures and be prepared for possible challenges and obstacles, and seek professional help if necessary.
