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16 NTU L. Rev. 1 (2021)

handle is hein.journals/ntulr16 and id is 1 raw text is: Article
The Reluctant Acceptance of Same-Sex Unions
and Parents in Israel
Zvi Triger *
ABSTRACT
Israeli marriage law is religious in nature, and makes no provision for civil
marriages. It is thus remarkable that same-sex unions hair been recognized, albeit
to a limited extent Hy Israeli courts, and that same-sex marriages performed abroad
have been registered and recognized by Israeli authorities. This artic!e explores the
growing acceptance of both same-sex partners and parents in a country where
personal law is based on religion. I argue that there are two main reasons for this
acquiescence: (1) Israeli-Jewish culture places great emphasis on the family and on
procreation, and has been characterized in the literature as pronatalist. Therefore,
LGBTQ people who choose to live in long-term, monogamous relationships and
have children are accepted, as they can be seen as living within Jewish culture and
its familial orientation; (2) The so-called demographic problem, which is used to
encourage Israeli Jews to have more children in order to continue to outnumber
Israeli Palestinians, allows Jewish LGBTQ individuals to join this national effort,
thus gaining legitimacy for their families. As the article shows, none of the rights
that same-sex partners and parents have under Israeli law were voluntarily awarded
by the legislature. All of these entitlements were recognized by Israeli courts only
DOI 10.53106/181263242021031601001
* Professor of law, The Haim Striks School of Law, Rishon LeZion, Israel. zvit@colman.ac.il.
This article is based on a paper presented at the Beyond 748: Same Sex Marriage and Family
conference, held in October 23-24, 2019, Academia Sinica, Taiwan. I would like to thank Professor
Cheng-Yi Huang for inviting me to participate in the conference and to contribute to this special issue,
as well as the two anonymous reviewers, whose comments and critiques have greatly benefited the
final draft of this article. I am also grateful to my research assistant, Amit Pinto, and to Karen Gold for
her close reading and superb editing of the text. Finally, I wish to express my gratitude to the Research
Fund of the Research Authority of the College of Management Academic Studies, Rishon Lezion,
Israel, for the financial support provided for this publication.

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