Abstract
Golan-Nadir reveals that in Israel, the disparity between public preferences and long-sustained marriage policy is rooted in the employment of institutional tactics by state institutions. As the chapter shows, the extensive use of institutional pressure relief valves is the cause of enduring gaps between public preferences and institutional designs. The following chapter thoroughly discloses the development and evolution of institutional pressure relief valves—namely, alternative marriage options for those who cannot marry within the Orthodox establishment under the current official policy. Finally, this chapter presents data from the 2016 Public Opinion Survey on Marriage Policy to demonstrate the relative familiarity of Israeli-Jews with alternative marriage options. Such familiarity serves as an indicator for the effectiveness of this tool in preventing societal pressure towards state institutions.
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Notes
- 1.
This question is a part of a questionnaire. At the beginning of the questionnaire it was noted that in Israel the only legal and formal way to wed is religious marriage, but there are other ways to “institute a couple-relationship”. Hence, the word marriage was not used.
- 2.
Regulations by the Office of Interior illustrates that a child’s religion is determined and registered only by his mother’s religion. See at: http://rotenberglaw.co.il/_Uploads/dbsAttachedFiles/4(1).pdf (in Hebrew).
- 3.
Official at ‘Tzohar Rabbis organization ,’ Interview with author, 18 February 2016.
- 4.
For the ‘The Tzohar Rabbis organization’ official website, see: http://www.tzohar.org.il/English.
- 5.
It is important to note that at the same year another NGO was formed—one that assists women through religious divorce. ‘Mavoi Satum’ is a non-profit organization founded in 1995 to provide legal and emotional support to women who have been refused a Jewish divorce (‘mesoravot get’). It is also one of the leading organizations engaged in finding a solution to the problem of divorce refusal in the state of Israel.
The organization’s approach to the problem of mesoravot get combines personal assistance to individual mesoravot get with advocacy for broad reform. The services include legal counseling and representation, emotional and psychological support, and empowerment training. On the national level, the organization advocates for reform in the legal system that governs marriage and divorce in Israel, lobby, network and conduct public awareness campaigns. ‘Mavoi Satum’ is dedicated to creating a more just society in Israel in which women who seek a Jewish divorce will not encounter a “dead end” that results from insensitive legal interpretations and stringencies. For the ‘Mavoi Satum’ official website, see: https://mavoisatum.org/.
- 6.
For example: Investigation into Religious Services Ministry officials comes after TV claims licenses were denied to those asking Tzohar rabbis to marry them. See in: Staff, T. (2016, 6 March). Police probing how Haifa Rabbinate obtained data on marrying couples. The times of Israel Online. http://www.timesofisrael.com/police-probing-how-haifa-rabbinate-obtained-data-on-marrying-couples/.
- 7.
Interview with author, 18 February 2016.
- 8.
Interview with author, 16 March 2016.
- 9.
Deceased of March 2021. RIP.
- 10.
Interview with author, 18 April 2016.
- 11.
Interview with author, 27 July 2016.
- 12.
Interview with author, 1 December 2015.
- 13.
Dr. Carmit karin Yefet is a professor at the Faculty of Law at the University in Haifa. Interview with author, 10 February 2016.
- 14.
Dr. Ruth Zafran, is a professor at the Radzyner Law School at Reichman University (IDC Herzliya, Israel). Interview with author, 1 February 2016.
- 15.
It should be noted that a second kind of marriage abroad exists in a form of ‘Correspondence Marriage’. In such marriage, the couple does not have to travel abroad (sometimes only one spouse is obligated to travel abroad), but send documentation via the post. Such marriages exist in Mexico, Paraguay and El-Salvador. This is a very debatable kind of civil marriage abroad, which was objected by the Office of Interior throughout the years. According to the Population Registry , each case of ‘Correspondence Marriage’ is examined and decided upon specifically (Spokeswoman, Department in the Population and Immigration Authority, personal correspondence with author, 28 February 2016).
- 16.
H.C. 143/62, Funk-Schlezinger vs. The Minister of Interior, P.D. 17(1) 225 (1963).
- 17.
For further information, see Kamila official website: http://www.chatuna.cz/index-e.html.
- 18.
In a 2003 verdict given by senior Rabbinic judge, Shlomo Dichovsky declared that Halakha recognizes the validity of civil marriage, which he referred to as ‘Bnei Noah’ (sons of Noah) marriage. Such marriages are not void, and it is the Rabbinic courts that have jurisdiction to determine under what circumstances they would be dissolved. The verdict indicated that the court could dissolve such marriages by a Rabbinic court decision, and did not necessarily require a ‘Get’ (Weiss & Gross-Horowitz, 2013). H.C 2232/03 Plonit vs. The Regional Rabbinical Court Tel Aviv-Yafo, P.D. 61(3) 496 (2006).
- 19.
‘Jurisdiction in matters of Marriage Annulment’ Law (Special Cases and International Authority) (amendment no. 3), Book of Laws no. 2219, 23 December 2009. Available at the Knesset Official Legislation Achieve: http://fs.knesset.gov.il//18/law/18_lsr_301099.pdf.
- 20.
Interview with author, 10 March 2016.
- 21.
Yedioth Ahronoth, 6 January 2003.
- 22.
Interview with author, 1 December 2015.
- 23.
Based on the NEVO legal search engine: https://www.nevo.co.il/PsikaSearchResults.aspx.
- 24.
Interview with author, 1 December 2015.
- 25.
According to the New Family Organization, not all benefits are automatically awarded to common-law partners; women in common-law relationships are not exempt from army service, and the process of receiving residency status for a foreign common-law partner is lengthier than for a foreign married spouse. Only married couples gain tax benefits if one of the partners does not work due to pension age or disability. See at: http://www.newfamily.org.il/en/common-law-marriage/.
- 26.
The Israeli book of Laws, taken from the legal portal NEVO: https://www.nevo.co.il/HakikaSearch.aspx.
- 27.
Interview with author, 1 February 2016.
- 28.
Dr. Zvi Zameret, historian, Interview with author, 8 March 2016.
- 29.
Based on the ‘New Family’ website: http://www.newfamily.org.il/.
- 30.
Interview with author, 14 March 2016.
- 31.
Yedioth Ahronoth, 6 February 2002.
- 32.
Interview with author, 12 August 2014.
- 33.
Yedioth Ahronoth, 8 February 2005.
- 34.
For the official ‘New Family’ website see: http://www.newfamily.org.il/en/.
- 35.
Yedioth Ahronoth, 5 February 2001.
- 36.
Interview with author, 10 March 2016.
- 37.
Interview with author, 17 March 2016.
- 38.
‘Yisrael Beiteinu’ is a secularist right-wing nationalist political party in Israel. The party’s base has traditionally been secular, Russian-speaking Israelis.
- 39.
Spokeswoman Department in the Population and Immigration Authority, personal correspondence with author, 28 February 2016.
- 40.
For the official website of the Ministry of Justice, see: http://www.justice.gov.il/En/Units/ReligiousConversionsChristianCommunitiesAndSpousalRelationsRegiistrar/Pages/default.aspx.
- 41.
Law on Spousal Agreements for Persons Without a Religion, 5760-2010 No. 2235 p. 428 (in Hebrew).
- 42.
Interview with author, 17 August 2016.
- 43.
Yedioth Ahronoth, 4 November 2011.
- 44.
Interview with author, 1 October 2015.
- 45.
The Law to amend the Othman Order of Marriage and Divorce (registration) (no. 2), 2410 Book of Laws, 31 October 2013, p. 29. See: http://fs.knesset.gov.il//19/law/19_lsr_301396.pdf.
The Othman Order of Marriage and Divorce (registration), was enacted in 1919, and implemented into Israel book of laws with state establishment. In clause no. 7 to the order, it is stated that couples who do not register their marriage are to be sentenced to two years imprisonment. See: https://www.nevo.co.il/law_html/Law01/317_001.htm.
- 46.
Bill no. 2659/19, Keenest meeting no. 186, 3 December 2014.
- 47.
Yair Ettinger is a reporter specializing on religious affairs at Haaretz daily newspaper. Interview with author, 13 March 2016.
- 48.
A Ktuba is a special type of Jewish prenuptial agreement. It is considered an integral part of a traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride.
- 49.
Interview with author, 14 February 2016.
- 50.
Interview with author, 13 March 2016.
- 51.
“Conservative wedding”, the Masorti foundation for conservative Judaism in Israel, see: http://www.masorti.org.il/page.php?pageId=309.
- 52.
“The Validity of the Reform Marriage Ceremony in the Eyes of the State’, Israel Movement for Reform and Progressive Judaism, see: http://www.reform.org.il/Eng/LifeCycle/Marriage.asp.
- 53.
In a personal correspondence with the Israel Democracy Institute, I have acquired the right to use the data of the 2014 “Israel and Diaspora Jewry Survey”.
- 54.
For the of the Masorti Foundation for Traditional Judaism in Israel official website, see: http://masorti.org/.
- 55.
Interview with author, 17 August 2014.
- 56.
Interview with author, 9 February 2016.
- 57.
For the Israel Movement for Reform and Progressive Judaism (IMPJ) official website, see: http://www.reform.org.il/Eng/About/ProgressiveJudaismInIsrael.asp.
- 58.
Interview with author, 27 August 2014.
- 59.
Interview with author, 24 January 2016.
- 60.
It should be noted that there is a dispute within the Reform movement whether to marry LGBTs, as some Rabbis support this stand, while other do not.
- 61.
Interview with author, 9 March 2016.
- 62.
For ‘Tkasim – a Portal for Jewish Secular Rites’ official website, see: http://www.tkasim.org/?lat=en.
- 63.
Interview with author, 15 February 2016.
- 64.
In 2015 Havaya has merged with The NGO ‘Be Free Israel’ (Israel Hofshit). It is grassroots movement that strives for an Israeli society that practices cultural and religious pluralism, protects civil rights, and upholds the principles of democracy and Zionism as put forth in the Declaration of Independence. For ‘Be Free Israel’ official website, see: http://bfree.org.il/english.
- 65.
For Havaya official website, see: http://www.havaya.info/havaya-english/.
- 66.
Interview with author, 1 February 2016.
- 67.
Interview with author, 21 March 2016.
- 68.
The Rackman Center was Established in 2001 at Bar-Ilan University’s Faculty of Law as an organization of legal and social change for women in family law in Israel. The center is working to fulfill the vision of advancing women’s rights, and bettering women’s standing within family law in general and Jewish family law in particular. For the official website, see: https://www.en.rackmancenter.com/about-us.
- 69.
Interview with author, 6 March 2016.
- 70.
Interview with author, 15 July 2015.
- 71.
Interview with author, 9 March 2016.
- 72.
Deceased of March 2021. RIP.
- 73.
Interview with author, 18 April 2016.
- 74.
According to the former act on marriage a couple who do not register their marriage are punished in accordance to Article 99 of the Othman Criminal Code Israel adopted at its establishment. Since 2013, Rabbis are also punished.
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Golan-Nadir, N. (2022). The Israeli Case: The Use of Institutional Pressure Relief Valves. In: Public Preferences and Institutional Designs. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-84554-4_6
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