Legal Norms and New Perspectives Concerning Same-Sex Couples in Jewish and Israeli Law

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The purpose of the sexual act in Judaism is not the pleasure of the individual but the settlement of the world and continuity of the human race and the ancient legal norms in Jewish law are an outcome of this outlook. They include a rule that prohibits the sexual activity of the homosexual Jew. On the one hand, the article explains that there is a conservative policy in the ancient legal principles of Jewish law. On the other hand, it also focuses upon new trends in the modern period. In recent generations there has been an evident evolution in the Jewish outlook concerning the act of homosexuals and more acceptance of the relationship between two men or two women by the Jewish community. Especially in Conservative and Reform Judaism a more lenient and accepting policy in this sphere is evident. A similiar gap between the conservative legal norms in legislation and modern liberal new perspectives in the interpretation of the law in the courts is evident in the legal system of the State of Israel. In the past, until 1988, there were rules that prohibited the sexual act between homosexuals. However, these rules have been abolished. In addition, in the case law of the Israeli courts, many rights have been gradually granted, de facto to two men or two women who are partners in the same sex relation.

Original languageEnglish
Pages (from-to)109-142
Number of pages34
JournalQuaderni di Diritto e Politica Ecclesiastica
StatePublished - Dec 2015


  • Discrimination
  • Homosexuality
  • Israeli law
  • Jewis law
  • Marriage

ASJC Scopus subject areas

  • Religious studies
  • Law


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