The Supreme Court ruled this week that concealing one's sexual orientation from one's spouse was not grounds for monetary compensation. The ruling followed a lawsuit filed by an Israeli woman against her ex-husband, in which she claimed he caused her emotional distress during their marriage by hiding the fact that he was gay, and demanded to be compensated with 5 million shekels.
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Married for a decade, the couple divorced five years ago and have three daughters together. The plaintiff filed a lawsuit against her ex-husband together with her mother at the Jerusalem Family Court.
The two claimed the defendant introduced himself to the family as a heterosexual and religiously observant man, but with time found out that he led a secular lifestyle and was homosexual.
The Family Court initially dismissed the lawsuit, prompting the plaintiffs to appeal to the Jerusalem District Court, which ruled there were grounds for a suit.
The woman then took the case to the Supreme Court, which ruled that matters of the heart – the ex-husband's true feelings, his real motives for institutionalizing the relationship with his ex-wife, and the intensity of his sexual attraction towards her or others – could not be debated in a court of law.
It also ruled that an individual had no legal obligation to disclose to their partner or spouse their sexual preferences or level of religious observance, as these were also part of the person's feelings.
Nevertheless, Supreme Court Judge Noam Sohlberg said that the ruling should in no way be seen "as a seal of approval" for any individual to conceal crucial personal information from their partner before marriage.
The Aguda – Israel's LGBT Task Force lauded the ruling.
"We commend the Supreme Court's ruling, which rectified the District Court's grave mistake. Throughout history, it was never possible to seek compensation for heartbreak in a marital relationship, even in difficult cases, such as infidelity, improper behavior and more.
"This is a correct and proper ruling, which prevents the exploitation of legal proceedings in order to take revenge on one's spouse. The previous ruling, that of the District Court, which was annulled, would have imposed a burden on the LGBT community," it said.
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