The relevant part of the Law of Return says (my translation) "the rights of a Jew according to this law, and the rights of an immigrant according to the citizenship law of 1952, and the rights of the immigrants based on any other legislation, are granted to both child and grandchild of a Jew, to the spouse of a Jew, and to the spouse of the child and grandchild of a Jew, to the exclusion of a Jew who willingly converted to another religion."
This law has allowed the non-Jewish spouse (and child, etc.) in an intermarriage relationship to also be granted citizenship in Israel based on the Law of Return. Meaning, the non-Jewish wife of a Jewish husband, or vice versa, and any children and children in law, who are not halachically Jewish, can all qualify for Israeli citizenship.
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| Saar, at NBN welcoming ceremony this morning |
Saar's new application of the law is to apply this to the non-Jewish spouse of an homosexual intermarriage as well. Meaning, if a Jewish man is married to a non-Jewish man (or woman and woman), that non-Jew can also qualify for Israeli citizenship.
The law has not previously been applied in this way. Obviously the application is dependent on how one views homosexual marriage. In some places it is recognized, and in others it is not. Saar's application of the Law of Return in this fashion means he is recognizing their status as married, and the non-Jewish partner in the relationship is a spouse like any other.
Saar said that the gates of Israel are open to every Jew and his family, with no discrimination based on lifestyle. In his directive to the population and immigration authority, Saar explained further that the intent of the law is to facilitate the in-gathering of the Jewish people from the exile, and the intent of the riginal amendment was to allow family members to come to Israel as equals to [the Jewish family member]. In order to encourage aliyah, I see no place to differentiate between Jews who married in heterosexual marriages and between Jews who married their own gender abroad. By the law both these and those are qualified under the Law of Return...
source: Ynet
If anybody thought that Gideon Saar was opposing the opening of stores in Tel Aviv on Shabbos because he was trying to build alliances with the Haredi community, rather than based on the issues themselves, or the same regarding the stances Saar has taken in the various Bet Shemesh issues, one might want to rethink that position. Opening the gates of Israel to non-Jewish homosexuals is definitely not going to endear Saar on the Haredim.
MK Meir Porush (UTJ) responded to the announcement by saying that this will boomerang against Saar's intentions as many good Jews will be disgusted by the State and stay away from Israel. MK Nissim Zeev (Shas) says this shocking decision goes against the status quo and is anti-Jewish.
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There is actually one benefit (or more accurately, less of a downside) to allowing non-Jewish male homosexual spouses into Israel vs. non-Jewish female heterosexual spouses. At least there are no children whose Jewishness is then in question...
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