Gay Rights in Israel: A New Era?

Abstract

A recent Israeli case in which a steward sued El-Al (the Israeli Airline) in order to extend benefits to his same-sex partner was the first case in which the Israeli Supreme Court confronted the rights of sexual minorities. This confrontation was inevitable given the rapid legal changes in the legal status of sexual minorities in Israel. These changes include the decriminalization of male homosexual intercourse in 1988, the 1992 amendment of the Equal Employment Opportunity Act—a statute which, in its amended version, prohibits discrimination in employment on the basis of sexual orientation as well as less visible but equally important legal changes. This article explores the prospects of the legal protection of gays and lesbians in light of these developments. It describes the legal changes that have taken place in recent years—changes which strengthen the protection of sexual minorities. It analyzes the opinions in the Supreme Court's El-Al case and evaluates the potential for exploiting the decision to expand sexual minority rights. It also specifies the areas where further legal changes are needed and evaluates the prospects of whether such changes (both statutory and judicial) will indeed take place given the variety of constraints and pressures on Israeli judges as well as on the legislature.

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