Israel’s Supreme Court on Sunday ruled that the current law banning same-gender couples and single men from filing surrogacy requests must be repealed within six months. The current Surrogacy Law, which excludes same-gender couples and single men from filing for a surrogacy arrangement, was deemed unconstitutional by the court about a year and a half ago. Last year, the court ruled that the government must amend the law by March 1. The government requested and was granted several extensions to the deadline. However, last week, the Bennett-Lapid government informed the court that due to the makeup of the current coalition [since Ra’am would leave the government if any same-gender laws are advanced], there is no possibility of amending the Surrogacy Law, and requested that the court reach a decision on the matter. This was a surefire way to reach the decision the court reached today since the court’s liberal rulings are well-known. The court also ruled that the state must pay NIS 30,000 to the plaintiffs for legal fees. The decision is a dramatic one as a legal battle over the issue has been taking place since 2010, when two left-wing activists filed a petition to the Supreme Court. However, the presence of the Chareidi and Religious Zionist parties in the coalition precluded the repeal of the law. “The state has done nothing for over a year to promote appropriate legislative amendment, and therefore the court has ruled that the continuing serious violation of human rights caused as a result of the existing surrogacy arrangement cannot be remedied and operative relief must be granted to petitioners,” the ruling states. Foreign Minister Yair Lapid and Defense Minister Benny Gantz quickly responded with statements praising the decision. Health Minister Nitzan Horowitz called a press conference and promised to implement the Supreme Court decision exactly as written, adding that the ministry is already beginning to prepare now. Shas leader Aryeh Deri responded to the announcement by stating: “The decision of the Supreme Court is another severe blow to the Jewish identity of the state of Israel. The majority of the people want to preserve Jewish tradition and family values.” Religious Zionist party chairman Betzalel Smotrich stated: “This government, together with the Supreme Court, has indicated its goal – the erosion of the Jewish character of the state of Israel. We survived those who sought to harm Judaism for thousands of years. We’ll also survive Lapid, Lieberman and Bennett.” (YWN Israel Desk – Jerusalem)
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