Israel's High Court of Justice on Sunday cleared the way for same-sex couples to have children through surrogate mothers, a move hailed by lawmakers and activists as a victory for LGBTQ rights.
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The court ruled in 2020 that a surrogacy law, which had expanded access to single women but excluded gay couples, "disproportionately harmed the right to equality and the right to parenthood" and was unlawful.
It gave the government a year to draw up a new law, but parliament failed to meet the deadline.
The court said Sunday that "since for more than a year the state has done nothing to advance an appropriate amendment to the law, the court ruled that it cannot abide the continued serious damage to human rights caused by the existing surrogacy arrangement."
The change in the law is to take effect in six months to allow the formation of professional guidelines, it said.
Israel's LGBTQ Task Force NGO applauded the decision as a "historic landmark in our struggle for equality."
Etai and Yoav Pinkas Arad, the gay couple who appealed to the court against the surrogacy law in 2010, said the ruling "is a big step for equality not just for LGBTQ in Israel, but for equality in Israel in general."
Under the existing regulations, Israeli same-sex couples looking to become parents cannot engage the services of a surrogate and are often deterred by the additional costs of finding one abroad.
The state had argued that the law was intended to protect surrogate mothers but the court ruled that it would be possible to strike a balance that would not discriminate.
In contrast with much of the conservative Middle East, Israel is generally tolerant toward its LGBTQ community. Gays serve openly in Israel's military and parliament, and many popular artists and entertainers, as well as the country's current health minister, are openly gay. Nonetheless, obstacles – including the absence of civil marriage that would allow same-sex marriage – remain.
Health Minister Nitzan Horowitz welcomed the ruling, saying, "This is a historic day for the LGBTQ community and for Israeli society as a whole. The right to become a parent is now equal for all. Same-sex couples have the same right as everyone to become parents. I'm delighted to say that the Health Ministry will enforce this ruling, and will follow the timeline set by the court to make that happen."
Religious lawmakers, however, lamented the ruling as one that "undermines Jewish tradition."
Shas leader Aryeh Deri called the ruling "a grave blow to the State of Israel's Jewish identity. The majority of the people seek to adhere to traditional values and, preserve the values of the Jewish family. The High Court of Justice's ruling severely undermines that."
Religious Zionist Party leader Bezalel Smotrich panned the ruling.
"Shabbat, family and kashrut are the strongest signs of Judaism. The Jewish way of life has persevered for generations … but this government and the High Court of Justice have make it their mission to erode Israel's Jewish nature."
He added he expects women's groups to fight the ruling, as it "allows trafficking in women for surrogacy purposes."
Havruta, an organization that acts to promote tolerance and acceptance of LGBTQ people in Haredi society, welcomed the ruling, as it "put an end to the discrimination against so many people and against such a basic Jewish principle – procreation."
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