LGBTQ EQUALITY LEGISLATIVE PACKAGE - In Memory of Major Sagi Golan

LGBTQ EQUALITY LEGISLATIVE PACKAGE In Memory of Major Sagi Golan

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"Live as an equal and let go of comparisons. Do not compare others, others to each other, or even to yourself. Cherish the unique beauty in every person, and always see the different as your equal." – Sagi Golan. For years, the LGBTQ community in Israel has tirelessly advocated for full equality of rights. Despite their efforts, discrimination persists across various aspects of life. The Israel-Hamas war highlighted to the Israeli public the daily inequities faced by the LGBTQ community. It underscored the disparity between the significant contributions of LGBTQ individuals to Israeli society and the persistent discrimination they endure in their everyday lives. We are citizens like everyone else, present in every corner of Israel, and we all deserve full equality as human beings. The late Major Sagi Golan has become a symbol of inspiration, exemplifying an LGBTQ officer who made the ultimate sacrifice in the war. On the morning of October 7, Sagi, alongside his partner Omer Ohana, awoke in their home in Herzliya to the sound of sirens. Their wedding suits, prepared for the following week, hung next to their IDF uniforms. After a brief, heartfelt farewell, Sagi, a reserve team commander in the counter terrorism unit, rushed to his base without being called. He led his team to Kibbutz Be'eri as one of the first responders, rescuing families and engaging in combat to protect the kibbutz residents until Sagi heroically fell in battle on October 8. Sagi's untimely death occurred before he could marry Omer, the love of his life, and realize their dream of building a family together. Thanks to persistent advocacy, the state recognized Omer as an IDF widower, ensuring equal legal status for LGBTQ widows and widowers. Sagi's life and sacrifice exemplify love for the country, a sense of responsibility, leadership, and an unwavering commitment to justice and equality. Sagi believed in Israel, equality, and the potential for individuals to create a better world. His volunteer work with organizations such as Paamonim, the Jerusalem Entrepreneurship Center, the Jewish Agency, and the Kadima Youth House reflects his dedication to social justice. Thousands of LGBTQ community members have and continue to serve Israeli society during its most challenging time, contributing in various capacities, from front-line military roles to medical, educational, and social efforts. Equal in burden, equal in responsibility, equal in life-threatening situations – but not equal in rights. In memory of Major Sagi Golan and for the benefit of all LGBTQ individuals in Israel, we present the LGBTQ Equality Legislative Package to the Knesset. This package aims to ensure equal rights for the LGBTQ community, encompassing: • Equality in protection : Prohibiting incitement and discrimination and recognizing hate crime victims. • Equality for LGBTQ families : Ensuring marriage, parenting, and family rights.

• Equality for LGBTQ fallen servicemembers : Recognizing widowers and widows and allowing the use of a deceased soldier’s sperm. In his death, he commanded us to achieve equality.

Major Sagi Golan

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Table of Contents

· Prohibition of LGBTQ Incitement in the Penal Code

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· Amendment to the Interpretation Law · Recognizing LGBTQ Hate Crime Victims

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· Same-Sex Marriage · Parental Registration

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8 · Posthumous Sperm Retrieval, Preservation and Use Bill 9 · Amendment to the Law for Bereaved Families 10

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Prohibition of LGBTQ Incitement in the Penal Code Incitement against the LGBTQ community has become disturbingly common, perpetrated not only by individuals but also by elected officials. Recently, Knesset member Yitzhak Pindrus stated in an interview: “In my view, the most dangerous thing for the State of Israel, more than ISIS, more than Hezbollah, more than Hamas, is licentious behavior... and therefore, in my parallel, I have to prevent not only the pride parade but this movement in general.” The recent conflict has highlighted the severity of such statements, which compare the LGBTQ community to some of our most bitter and cruel enemies, despite LGBTQ members fighting, risking their lives, and even losing them to maintain the country’s security. Such inflammatory remarks may not be legally considered incitement without explicit legislation. However, current legislation falls short in addressing such incitement, as the Penal Code only covers racism based on color, race, or national origin, omitting protection for LGBTQ individuals.

Sergeant (reserve) Maayan Gross stated, “Prohibiting incitement against the LGBTQ community is not merely a right but a moral and social obligation towards those who bear the burden and face discrimination. The peak of this issue was when a Knesset member equated my community, who are fighting Hamas, to be worse than the terrorist organization, all while complaining about incitement. ‘That which is hateful unto you, do not do to your neighbor… the rest is commentary.’”

Required Action Amend Section 144a of the Penal Code to broaden the definition of racism, explicitly encompassing the prohibition of inciting racism against LGBTQ individuals. This modification aims to address legal gaps and prevent instances of racism directed at these individuals.

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Amendment to the Interpretation Law In 1992, Israel marked a milestone by prohibiting discrimination based on sexual orientation in the Employment (Equal Opportunities) Law. Subsequent amendments expanded anti discrimination laws, signaling the immense significance of legislation banning discrimination against LGBTQ individuals. Such legislation communicates a social message of equality and provides the courts with tools to offer relief to LGBTQ individuals who have been harmed by discrimination. However, legislative gaps remain for two reasons. First, several laws addressing discrimination do not explicitly include grounds related to LGBTQ issues. Second, except for one law (the Student Rights Law), these laws only address discrimination based on sexual orientation and do not refer to discrimination based on gender identity (e.g., discrimination against trans individuals). While labor court rulings offer some protection, only comprehensive and explicit legal amendments will properly anchor this norm.

Maya Orabi: “As a nurse, I provide care to everyone equally, with acceptance and compassion, allowing my patients to recover by fostering trust in the treatment process. Unfortunately, this is not the treatment my trans sisters and I receive in society and the job market. ‘Love your neighbor as yourself.’ Join me in believing in the common good.”

Required Action To effectively address both issues—the omission of sexual orientation from anti-discrimination laws and the significant oversight of gender identity discrimination—a proposed bill has been drafted to amend the Interpretation Law. The proposed amendment specifies that the term “discrimination” within the law should encompass instances based on sexual orientation or gender identity, aligning with the legislative objectives.

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Photo by Talmoryair, CC BY 3.0

Recognizing LGBTQ Hate Crime Victims Currently, Israeli law does not recognize victims of hate crimes, nor are they entitled to compensation or various state remedies. The state must take responsibility for all hate crimes directed at any individual, whether motivated by racial, religious, ethnic, or LGBTQ bias. The defining feature of a hate crime is the motive, which is rooted in the victim’s identity and their belonging to a specific group characterized by religion, color, ethnicity, sectarian affiliation, sexual orientation, or gender identity. For example, not every offense against an ultra-Orthodox person is considered a hate crime. Still, if the offense is committed because the person is ultra-Orthodox, it is classified as a hate crime. According to the Israeli Penal Code, a hate crime is punishable by either double the fixed penalty for the committed offense or ten years in prison, whichever is lesser.

Anna Shilansky, who was injured in the Bar-Noar (LGBTQ Youth Center) shooting attack: “They didn’t target me because I am Anna, nor did they harm my friends from the Bar-Noar and the Jerusalem Pride because they are Noam, Gal, or Yoni. We were attacked because we were in a place where someone wanted to send a message to our community, aiming to force us back into the closet, regardless of who the specific victims were; it could have been anyone. The state failed to protect us, but it can acknowledge our suffering and help us rebuild our lives.”

Required Action Approval of the 2022 Compensation Bill for Victims of Hate Crimes will establish a mechanism for supporting and compensating hate crime victims through the National Insurance Institute, which the Minister of Welfare will oversee.

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Photo by jonjon.photography

Same-Sex Marriage The current law restricts marriage for many diverse groups within Israeli society, compelling those outside these groups who do not wish to marry through Orthodox rabbinical procedures to do so against their will. The only alternative for these couples is to marry abroad or establish their relationship through a “publicly known” route, which does not confer all the rights granted to married individuals. The “publicly known” institution is inadequately regulated and creates ambiguity regarding the rights of same-sex couples, an issue that was also evident during the war. Implementing a civil union procedure alongside the existing Orthodox procedure through the rabbinate would address the needs of many segments of the population who currently cannot marry in Israel and grant other communities the right to choose the nature of their wedding ceremony.

Captain (reserve) Noya Sela Hatuka: “After our unforgettable wedding at the base, supported by a reserve battalion representing all wonderful segments of Israeli society who celebrated with us, I am deeply pained that the state does not recognize my marriage to my partner . Am Yisrael Chai, equal rights now.”

Required Action Pass the Civil Marriage Bill as previously proposed and advocated for on multiple occasions.

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Photo by Ilan Sapira

Parental Registration Heterosexual couples (married or publicly known) can easily and straightforwardly register as parents of their child based on a joint notification at the hospital immediately after birth. In contrast, same-sex couples must petition the court for a “Judicial Parenting Order.” This procedure is cumbersome and unnecessary, requiring the new parents to spend thousands of Israeli Shekels and meet arbitrary and irrelevant criteria merely to be registered as the child’s parents. The legal process can extend over several months, during which only the biological parent is recognized by the authorities, leaving the other parent without any rights or responsibilities towards the child, as if they were a stranger. This situation is intolerable and violates the principle of the child’s welfare.

Orly Weisselberg-Zur: “ The State of Israel refuses to register us as the mothers of our children . We are forced to navigate the courts, providing various proofs and evidence, while any straight man can be registered as a father at birth based solely on his declaration. Until the court order is received, we lack legal status regarding our children. It’s certainly time for change.”

Required Action Amend the Population Registry Law to enable the registration of a biological parent’s spouse as a parent under the same conditions applied to heterosexual spouses.

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Preservation and Use Bill Posthumous Sperm Retrieval

The devastating terrorist attack on Israel on October 7 and the ensuing war claimed the lives of over 1,400 Israelis, many of whom were young individuals in the prime of their lives. Tragically, many of these victims were deprived of the opportunity to have children despite their expressed desire to do so. Currently, Israel lacks legislation regarding the retrieval and use of sperm from deceased individuals. To date, all instances of posthumous procreation and the provisions of the proposed bill under discussion in the Knesset involve scenarios where the deceased had a partner who would serve as the biological mother of the child. However, in the case of male couples, there is a need to use the deceased’s sperm and an anonymous egg donor, with the pregnancy carried by a surrogate mother. The intended parent would be the surviving partner of the deceased, who has no genetic relation to the child. Given the diverse forms of families in Israel, if the Knesset decides to enact a law regulating the use of a deceased person’s sperm for procreation, it must also include provisions for male couples. Failing to do so would introduce a discriminatory law, relegating male couples to second class status and undermining their right to family continuity on par with their heterosexual counterparts. Required Action The bill currently under debate in the Knesset must be amended to address the needs of male couples in these tragic circumstances. Specifically, it should include provisions for the use of the deceased’s sperm to fertilize donor eggs, implantation in a surrogate mother, and the recognition of the deceased’s spouse as the intended parent of the resulting child.

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Omer Ohana, the late Sagi Golan's partner, The Knesset Plenum

Amendment to the Law for Bereaved Families

The Families of Soldiers Killed in Action (Compensations and Rehabilitation) Law, 1950, regulates the status and rights of bereaved families. The law’s definition of spouses was discriminatory, referring exclusively to heterosexual couples. Despite the Ministry of Defense’s egalitarian policy, which the Minister of Defense and the Speaker of the Knesset have repeatedly emphasized during the current conflict, the discriminatory language in the law has created ambiguity regarding the rights of same-sex couples who have lost their loved ones.

Achieved Equality We spearheaded efforts to amend this law section as part of the legislative process for the Families of Abducted and Missing Persons Law. Following this historic amendment, both the Bereaved Families Law and the Families of Abducted and Missing Persons Law now grant equal rights to same-sex couples, ensuring egalitarian treatment under the law.

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EQUALITY IN LIFE LGBTQ Equality Legislative Package In Memory of Major Sagi Golan

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