Wednesday, March 08, 2023

Israel's Supreme Court Says Interior Ministry Must Register Marriages Performed on Zoom Through Utah

The Times of Israel and Jerusalem Post report on yesterday's decision by Israel's Supreme Court in    Ministry of the Interior v. Brill (Israel Sup. Ct., March 7, 2023) (summary and full text of decision in Hebrew). The Court ruled that the Interior Ministry's Population and Immigration Authority must register marriages of Israelis performed online through Zoom by a Deputy Clerk in the U.S. state of Utah with the other marriage participants being located in Israel. Utah County has created a fairly simple procedure for "Marriage Ceremonies By Remote Appearance." The Supreme Court's ruling affirms decisions by two separate Israeli trial courts. The Supreme Court insisted that it was ruling only on the obligation of the Registry Clerk to register the marriage once presented with the relevant documentation and was not ruling on the marriage's validity. The Registry Clerk, the Court said, did not have authority to decide the difficult legal question of whether the marriage should be seen as having taken place in Utah or in Israel.

Previously, Israeli Jewish couples wishing to marry without leaving the country have been required to marry through the Chief Rabbinate. Civil marriage has been unavailable. Some 1200 Israeli couples have already married through Utah in ceremonies performed on Zoom. According to The Times of Israel:

The court’s ruling is a significant win for advocates of civil marriage in Israel who have campaigned for it for decades, but will be bitterly opposed by the coalition’s religious parties, which denounced the decision as soon as it was published.

The controversial ruling comes as Israel is in the midst of a bitter battle over proposed judicial reforms that, among other things, would give the Knesset (the Parliament) the power through a simple majority vote to overrule Supreme court decisions.