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Justices, religious leaders and legislators bump
heads over gay rights ruling.

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he headlines in Israel these tice Aharon Barak, the court's
' days bring to mind the joke deputy president, viewed the cou-
about the dying man who ple's right to the El Al tickets in_ _
suddenly inhales the se- straightforward terms. The ben-Nn
ductive aroma of his wife's efit, he wrote, is meant for "the
rugelach wafting in from the person with whom [an employee]
kitchen. "Oh, for one last taste of lives, from whom he parts when
your mama's rugelach," he moans he goes on his flights, and to
to his son, who rushes off to ful- whom he returns at the end of his
fill this last request. "Have you work."
"Is parting from a partner of
brought the rugelach?" the old
man wheezes wistfully when his the same sex any easier than
son returns. "No, Papa," the son parting from a partner of the op-
replies sternly. "Mama says the posite one?" he asked rhetoricat,
ly. 'The point of the benefit is not
rugelach are for after!"
In many ways, for the 46 years to strengthen the institution of
of its existence, the State of Israel marriage, and denying it to a
has postponed facing key ques- partner of the same sex consti-
tions about its essential identi- tutes clear and pronounced dis-
ty — such as resolving the crimination."
In her supporting opinion, Jus-
tension between being a "Jewish
state" and a democratic one — tice Dalya Dorner added the need
until "after." Be it after the coun- to consider the "changes that
try "has gotten on its feet," or af- have occurred in Israel in the so-
ter the waves of immigrants have cial norms regarding homosextc,=.
been molded into a stable society, ality." It wasn't until 1988 that
or (the most popular these days) the Knesset repealed the law
defining homosexual relations as
"after there is peace."
Increasingly, however; despite
the signs that peace may tarry
for quite a while, some of these
"after issues" have been insis-
tently pushing their way into the
present. One reason is the actions
of the High Court of Justice (lo-
cally known by the Hebrew
acronym Bagatz). The latest rul-
ing to stir the pot was last week's
landmark decision heralding
equal rights for homosexual cou-
ples.
The case brought before the
High Court traces back to 1988, a criminal offense punishable by
when El Al steward Yonatan 10 years' imprisonment. "That
Danilovich demanded that the formal repeal reflects the present
airline's management grant his outlook of Israeli society," she
male life-partner the annual free wrote. "There is a broad conseii:-
or red.uced-fare ticket accorded to sus that one should not restrict
El Al employees and their the actions of homosexuals or dis-
"mate[s] (husband/wife)," in- criminate against them."
That "broad consensus," how-
cluding common-law or "publicly
recognized" partners. Mr. ever, evidently does not include
Danilovich argued that since he the representatives of Israel's re-
and his homosexual mate main- ligiously observant community,
tained a joint household in an who reacted to the ruling with
apartment they had jointly pur- outrage. That members of the Or-
chased, they qualified for the ben- thodox political establishmer\t:
such as Knesset Member Avra-
efit accorded other couples.
When El Al refused to comply, ham Ravitz of the United Torah
claiming that the benefit did not Judaism Party, would call the de-
extend to partners of the same cision a "criminal act" and charge
sex, Mr. Danilovich took his case that the High Court had "given,
to the District Labor Court, which legal legitimacy to the animal-
ruled in his favor. The airline ap- ization of society," was not sur-
pealed to the National Labor prising. Far less expected,
Court, which decided against El however, was the full-blown cm-,
Al again. Last week the High sade that the National Religious,'
Court of Justice upheld the low- Party has decided to mou,i,
against the High Court — and
er courts' rulings.
In his 50-page judgment, Jus- Justice Barak in particular — for

11

It wasn't until 1988
that the Knesset
repealed the law
defining homosexua;
relations as a
criminal offense.

