In the landmark 2006 Supreme Court case, Ben-Ari v. Director of Population Administration (Bagatz 3045/05), the Court issued a decision that significantly changed the landscape of civil marriage recognition in Israel.
Generally speaking, civil marriage is not available in Israel. Because there is no complete separation of religion and state, marriage and divorce are governed by the religious authorities. As a result, for many years couples who could not or did not wish to marry through the religious establishment had no practical solution within Israel itself.
This began to change in 1963 with the Supreme Court decision in Funk Schlezinger v. Minister of Interior. In that case, the petitioners, who had married civilly abroad, sought to register their marriage in Israel. The Court held that the Ministry of Interior did not have the authority to determine whether a foreign civil marriage was substantively valid. Rather, if a couple presented a valid foreign marriage certificate, the Ministry was required to register the marriage.
The Ben-Ari case expanded this principle to same-sex couples. The petitioners were Israeli citizens and residents who were in a same-sex relationship and had legally married abroad in a country that recognized their marriage. Upon returning to Israel, they approached the Population Registry (Misrad Hapnim) and requested that their marital status be changed to “married.” The Registrar refused their request, and the matter ultimately reached the Supreme Court.
The Supreme Court ruled in favor of the petitioners and extended the reasoning established in Funk Schlezinger to same-sex couples as well. The Court determined that where a valid foreign marriage certificate is presented, the Population Registry must register the couple as married, regardless of whether the marriage was between opposite-sex or same-sex spouses.
Importantly, the ruling did not create same-sex marriage in Israel itself, nor did it establish a new legal status under Israeli marriage law. However, it did allow same-sex couples who married abroad to receive the legal recognition, status, and many of the rights afforded to married couples in Israel.
Following the decision, it became increasingly common for Israeli same-sex couples to travel abroad in order to marry and later register their marriage in Israel. Cyprus, in particular, became a popular destination, and overseas civil weddings became a practical solution for many couples who could not marry within Israel.
Then came COVID-19, which introduced an entirely new legal question: what happens when couples cannot travel abroad at all?
Under Utah law, couples are permitted to marry virtually through an online ceremony officiated in the state of Utah. In Administrative Appeal 7375/22 , the petitioners sought to register such a marriage in Israel. Although the ceremony was conducted pursuant to Utah law and officiated by an authorized Utah official, the couple themselves remained physically present in Israel during the ceremony due to COVID-related travel restrictions.
The lower court approved the registration of the marriage, and the Ministry of Interior appealed to the Supreme Court. The Supreme Court unanimously rejected the appeal and held that couples who marry online through the state of Utah must be registered as married in the Israeli Population Registry.
The Court emphasized that although Israeli law does not provide a definitive answer regarding the “place” where an online marriage occurs, Utah law validly authorized and recognized these ceremonies. Because the marriages were legally performed under Utah law by an authorized officiant acting on behalf of the state, the resulting marriage certificates were valid for registration purposes in Israel.
The practical effect of the ruling was dramatic. The Supreme Court effectively established a precedent requiring the Population Authority to register online Utah marriages performed in accordance with Utah law. As a result, couples who marry through this process are able to register as married in Israel without ever leaving the country.
This development has had significant implications for many couples, including same-sex couples, interfaith couples, and couples of different nationalities who may not be able to marry through the religious system in Israel. For many, online civil marriage now provides a more accessible, convenient, and affordable path to obtaining legal marital recognition in Israel.
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