Case Number
HCJ 129/13
Date Decided
1-26-2014
Decision Type
Original
Document Type
Full Opinion
Abstract
The petition urges the Court to compel the Knesset to legislate the matter of marriages between those who cannot (as in cases of intermarriage) or wish not to marry under religious law and are therefore excluded from marrying in Israel. Holding that the Court cannot order the Legislature to legislate outside of correcting a constitutional flaw in existing statutes, President Grunis and Deputy President Naor declined to intervene. In his concurrence, Justice Rubinstein finds that as current marriage laws exclude large portions of the population, the State cannot continue to ignore this reality and violate citizens' right to marry. He therefore believes a legislative solution is required.
Keywords
Administrative Law -- Judicial review, Constitutional Law -- Equality Before the Law, Constitutional Law -- Freedom of Religion, Constitutional Law -- Judicial Review, Constitutional Law -- Separation of Powers, Family Law -- Marriage, Jewish Law -- Family Law, Jewish Law -- Rabbinical Courts
Recommended Citation
Grunis, Asher; Naor, Miriam; and Rubinstein, Elyakim, "Axelrod v. State" (2014). Translated Opinions. 72.
https://larc.cardozo.yu.edu/iscp-opinions/72
