THE SOCIETY FOR THE PROTECTION OF PERSONAL RIGHTS FOR GAY MEN, LESBIANS & BISEXUALS IN ISRAEL POBox 37604 Tel:-972-3-204327 61375 Tel Aviv -972-3-6293681 ISRAEL Fax:-972-3-5252341 ISRAEL UPDATE - MARCH 1995 During the last two years the gay community in Israel and its ongoing struggle for equalization have been increasingly integrated into the public discourse. The establishment of the Knesset subcommittee was a key turning point in this regard, and the Supreme Court decision in "El Al" versus Jonathan Danilowitz also functioned as an important catalyst. It seems that same-gender love triggers diverse reactions from nearly every segment of Israeli society. It is truly exceptional that our struggles have become part of the public agenda in such a short span of time because homosexuality has had an undoubtedly controversial role in Israeli society. This has been, and still is, a period when our community was both glorified and abased. Several momentous episodes should illustrate these hectic times we are going through. SUPREME COURT In November, 1994, the Supreme Court issued a precedential decision granting equal rights to same-gender couples. Both the regional and national courts had previously decided in favor of Jonathan Danilowitz's request that El Al grant him a free flight ticket for his life partner as part of the standard employee benefit package. For unclear reasons (though perhaps to appease their religious clients) , El Al's directors appealed to the Supreme Court in May, 1994 to reverse these verdicts. The fifty page decision is of historic importance. Supreme Court President, Mr. Aharon Barak, asks, "Is partnership between two people of the same gender different in terms of partnership, fraternity and management of the social cell than partnership between different-gender people?" He goes on to answer, "The difference between partnership of two genders and partnership of one gender is an explicit and bold discrimination." Ms. Dalya Dorner goes a step further and says, "In my opinion, the petitioner's right does not emanate from the law for Equal Opportunities at the Workplace, but emanates from the principal of equality at large." Dorner also adds that some of work benefits given to an employee are meant for his spouse as well. Depriving a homosexual's partner of these benefits effectively decreases this employee's salary. Yaakov Kedmi, the third justice, was in minority, insistsingthat a couple in the social context signifies only a two-gender couple. He opposes any change in the principles according to which society functions, in short, Kedmi fears social havoc due to interfercne with the societal status quo. MINISTRY OF FOREIGN AFFAIRS When A. wanted to join the cadet course of the Ministry of Foreign Affairs, which is a highly prestigious unit, he was apprehensive about coming out during his security clearance interview. When A. saw that everybody received some sort of reply, and he had not, he contacted the S.P.P.R.. Our response was to immediately contact the head of the Security Services and admit that he was gay. Promptly, they sent him and his life partner for polygraph tests. Again, no reply. At this time the S.P.P.R. asked the intervention of MK Yael Dayan, who asked the intervention of the deputy to the Foreign Minister, Dr. Yossi Beilin. Dr. Beilin wrote back that he sees no reason for a homosexual not to become a part of the Ministry staff. Two days later A. began his cadet course. TEL AVIV UNIVERSITY In November, 1993, Professor Uzi Even, who is a prominent chemical physical scientists , and who was the youngest doctor to receive the title of Professor at the Tel aviv University, contacted three university officials The personnel manager, the legal advisor, and the President, Professor Yoram Dienstein. Even requested that his life partner, Amit Kama, receive full spousal benefits that include pension after his death, flight tickets on sabbaticals, exemption from tuition, and usage of university facilities. Professor Dienstein declined and promised that once the El Al case was resolved he would act accordingly. Many people, for example, 150 professors, and 1200 students who signed a petition, believed that the university should set an example and not be dragged into a decision. Professor Amnon Rubinstein, Minister of Education, and members of the Knesset, Yael Dayan, and Naomi Hazan backed Uzi as well. All in vain. In July 1994, Uzi decided to sue his employer (of 30 years) through Dan Yakir., a lawyer who works for the Association for Civil Rights in Israel (A.C.R.I.) and happens to be gay. The first hearing was scheduled for March, 1995. Fearing a total loss in court, the University's lawyers signed an agreement with Professor Even saying that it will grant the plaintiff's life partner the exact benefits which are standard for any faculty member's spouse. The agreement was approved by a judge on January 31, 1995. MINISTRY OF DEFENSE At the time being, Adir Steiner is still waiting for further hearings regarding his suit against the Israeli Defense Forces and the Ministry of Defense. Adir was for eight years colonel Doron Meisel's life partner, until his untimely death three years ago. Adir is asking to be recognized as a widower which will entitle him to a variety of monetary compensations and benefits. At the first hearing in court the IDF lawyers refused to acknowledge Adir and Doron's partnership but when Adir publicly announced that he would summon both the Prime Minister Mr. Rabin and the former Chief-of-Staff as witnesses on his behalf (Colonel Meisel was out to all who knew him, including the highest people in the army), the Ministry hastened to accept the fact of the relationship. It should be clear that the military law explicitly and clearly identifies only a spouse of the opposite sex as the beneficiary. The military system it seems does not have to automatically abide to the standards of civil law. Therefore, it is only for the judges to decide whether Adir is indeed entitled to widower benefits. HIV+ TEACHER Patrick Levy is an HIV+ gay man who works as a first grade teacher and heads the Israel AIDS Task Force. When he publicly announced these two facts in February 1995, mayhem ensued. The children's' parents were divided on the issue of whether or not to send their children to school or not. Some parents were upset because of the AIDS risk to the kids, some worried about the exposure of the kids to the notion of death, and some said that an "immoral" man cannot possibly serve as a teacher. The entire affair received headlines in all the newspapers and television channels. At present, Patrick still teaches (although some of the children were removed by their parents) and yet his career may take unpleasant turn next year. The principal and the Minister of Education claimed that being gay and HIV+ are not problematic as such, but publicizing them was an unwelcome and undesirable action. It is too early to draw conclusions about how this affair will resolve itself. RAKOVER AND THE BEASTS On the 21st of February, 1995, the Knesset discussed MK Yael Dayan's proposal for pensions for same-gender surviving partners of civil servants. Professor Nahum Rakover, the deputy to the legal advisor to the government, stated that it is inconceivable to grant homosexuals partnership rights just as it is inconceivable to do so for men who have intercourse with beasts. Although Rakover denied later that he made an analogy he stuck to the Bible's categorization of homosexuality and bestiality and incest together. These are all TO'EVAH (abomination). The S.P.P.R. promptly wrote a vehement letter to Professor David Leebay, Minister of Justice, and Mr. Ben Yair, legal advisor to the government, demanding a public denouncement of Rakover's statement. The S.P.P.R. mobilized some other human rights organizations, lawyers, and public figures to join in the effort. Professor Yitzhak Gal-Noor, High Commissioner for the Civil Service, then initiated an investigation accusing Rakover of behavior improper for government officials. This was another cause for general mayhem. The whole event was brought to the Knesset where there was a unanimous understanding that freedom of speech supersedes the content of the ideas. Thus Gal-Noor should withdraw his order for the investigation. Gal-Noor, Ben Yair, and Leebay are to issue a decision later on JERUSALEM FILM FESTIVAL When Liah van Leer, Director and founder of the Jerusalem Cinematheque, announced that Jerusalem would host a lesbian and gay film festival everybody was anxious to see how the Holy City would accommodate an "unholy" event. After the ads appeared in the papers there was a great tumult, resulting in a discussion at the Knesset on March 7th. MK Yitzhak Levy (MAFDAL) was shocked to find the Holy City copying the "immoral" flamboyance of San Francisco or New York. MK Shlomo Benizri (SHAS) confessed that he had never seen a film of any kind but he is sure that this festival and the "homosexual culture" threaten the very integrity of Jewish society. MK Yael Dayan and MK Naomi Hazan spoke on behalf of the festival. Minister of Culture Shulamith Aloni emphasized that she is embarrassed that such a discussion should even take place at the Israeli parliament. She emphasized the fact that the films are screened in an auditorium for which one has to buy a ticket. Israel is a multicultural society and nobody is forced to watch a film that does not cater to their taste. The festival took place between March 9-11, 1995 and attracted hundreds of film buffs. Surprisingly enough, there was not a single protester, which may mean that the religious "black-hatters" realize that this is a lost case for them: Israel has definitely taken the path of tolerance and acceptance of the gay community. Written and edited by Scott Kidd, a Canadian volunteer. Compiled by Amit Kama, Executive Director of the S.P.P.R. The S.P.P.R. is supporte d by the NEW ISRAEL FUND.