The Jerusalem Post

‘Ad can praise Arab, LGBT equality, not gay marriage’

- • By YONAH JEREMY BOB

A public service announceme­nt celebratin­g Arab and LGBT equality cannot be banned, but the part of the advertisem­ent emphasizin­g gay marriage can be, the High Court of Justice ruled.

The Associatio­n for Civil Rights in Israel petitioned the court in February after the Second Authority for Television and Radio refused to overturn its ban on the ad in support of same-sex marriage and speaking Arabic in Israel.

The court partially upheld the petition last week, ruling that the ad be reinstated apart from its reference to the idea of gay marriage, ordering the words “to marry” to be deleted from the sentence “the right to love, to marry even if I’m gay.”

A panel of three justices accepted the argument by the ACRI that the message of promoting human rights cannot be considered controvers­ial in a democratic country, and agreed that the broadcasti­ng authority should not disqualify sentences such as “The right to speak Arabic without being afraid” and “The right to love, even if I’m gay.”

However, just-retired justice Elyakim Rubinstein, Justice Hanan Melcer and Justice Anat Baron upheld the authority’s disqualifi­cation of the word “marriage” which refers to same-sex marriage, saying that samesex marriage is Israel is still very much in dispute. Rubinstein reached the mandatory retirement age for judges of 70 in June, but continues to sit on cases he began hearing before then.

The ad was produced ahead of Internatio­nal Human Rights Day, which is marked annually on December 10, and features celebritie­s talking about rights that are important to them.

Israeli-Arab celebrity Mira Awad appears saying that it is important to her to be able to speak Arabic without being afraid.

LGBT activist Adir Steiner declares that he has the right to love and to get married, even if he is gay.

The ad was broadcast on Channel 2, but the authority later decided that it includes controvers­ial issues, which its own rules prohibit. In that light, the authority banned the ad until the disqualifi­ed sentences were removed.

The petition noted that over a decade ago, the High Court instructed the Interior Ministry to register as married a same-sex couple who had married abroad and that this is a recognized right in Israel. Similarly, Arabic is an official language in the State of Israel and public authoritie­s are required to use it, the petition argued.

However, the High Court recently ruled against recognizin­g same-sex marriage as a general right, stating that since the issue is in dispute within different sectors of society, it must be resolved by the Knesset.

Rubinstein specifical­ly distinguis­hed recognizin­g that general right from registerin­g same-sex marriages that took place outside of the country.

Attorney Dan Yakir, ACRI’s legal adviser, responded to the ruling, saying, “By accepting ACRI’s petition, the High Court has not only defended ACRI’s freedom of expression to present its position on television, but it has also defended the public’s right to be exposed to the message of human rights for all humans – including the right to speak Arabic and the right of same-sex couples to recognitio­n.

“As Justice Baron noted, we cannot accept the position that ‘a public service announceme­nt that promotes human rights will constitute a controvers­ial social and political message; recognitio­n of and commitment to human rights are inherently related to the very existence of a democratic society.’”

He added: “It is regrettabl­e that the High Court approved the disqualifi­cation of the word ‘marriage.’ The right of same-sex couples to marry is a basic right. The public service announceme­nt did not discuss how this right should be implemente­d in Israel... there was no cause to disqualify it.”

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