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Gay marriage not a civil right, rules court

The Israeli Supreme Court has unanimously rejected an appeal for the law against gay marriage to be overthrown.

The court justices ruled that Israel’s practice of not recognising same-sex marriages does not contravene Israel’s Basic Law on Human Dignity and Liberty.

The ruling followed an appeal to the court from Israel’s Gay, Lesbian, Bisexual and Transgender Association, which wanted the law against same-sex marriage to be declared unconstitutional.

The association argued that Israel’s Basic Law of Human Dignity and Liberty should be legally interpreted as recognizing homosexual “marriage.”

In ruling that “Israeli civil law does not recognise same-sex marriage,” the court noted there is no such thing as “civil marriage” in the country”.

This meant asking the civil court rule on something under the jurisdiction of the rabbinical courts does not apply in this case.

The justices also pointed out it was up to the legislators, and not the High Court, to determine the matter.

Israel has two coexisting court systems.

Religious courts deal with “personal status” issues such as marriage, divorce, and the like. (There are Jewish, Christian, Islamic, and Druze [a sect of Islam] courts in Israel.)

Civil courts deal with material disputes, criminal matters, and penalties.

Pope Francis is firmly opposed to gay marriage.

By virtue of its very definition, marriage can only be between a man and a woman, he says.

“We cannot change it [that definition]. This is the nature of things,” not just in the Church, but in human history.

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