The National Labor Court decided to dismiss the appeal of the National Insurance Institute and ruled that a man in a relationship with a same-sex partner within a family unit can be included under the term 'housewife'. According to the ruling, such a man will be able to receive all the rights and obligations imposed on a woman defined as a "housewife," as long as the other conditions stipulated by law are met. The decision follows a petition by Amir Hendel, a man who was recognized by the National Insurance Institute along with his partner as a common-law couple in 2018, retroactively from 2002. Related articles: Leading food manufacturer raises storm with 'inclusive' logo Why do Arabs not hold 'Pride Parades'? Kosher baker rejects synagogue’s order for 'pride' treats Nonprofit offers new kind of 'conversion therapy' The couple run a shared household, with Hendel not working as an employee or self-employed, while his partner works and is insured by the National Insurance Institute. When Mr. Hendel was required to pay the National Insurance Institute and health insurance contributions, he turned to the National Insurance Institute to examine whether he was exempt from these payments as a househusband, given that his partner was working. The National Insurance Institute replied to Hendel that only a housewife is exempt from payment, and therefore he must pay for insurance. Hendel sued the National Insurance Institute in the regional labor court in Tel Aviv, arguing that the exemption is granted to a family unit and not to the insured person herself, and therefore, despite the wording of the law, his and his partner's entitlement to the exemption should be recognized, just as the National Insurance Institute recognized family units composed of two women, despite the wording of the section referring to the term "spouse." The regional court accepted his claim and ruled that the provisions related to "housewife" in the National Insurance Law also apply to same-sex family units, and therefore Hendel should be recognized as a "househusband." The NII filed an appeal to the National Labor Court. In her ruling, President Varda Wirth Livne rejected the appeal of the National Insurance Institute and ruled that the law's provision regarding "housewife" should also apply to men in same-sex family units. Livne stated that the linguistic distinction between a man and a woman in Section 238 of the law is based on an outdated worldview that was prevalent in the early 1950s when the National Insurance Law was enacted, a time when the legislature did not consider the possibility of different family units, including those composed of same-sex couples. Additionally, Livne ruled that, based on the principle of equality, the provision of the section should apply to a family unit composed of two men: "Distinction between a family unit composed of a heterosexual couple and a family unit composed of a same-sex couple does not stem from a relevant difference and is therefore discriminatory. The interpretation that a man in a relationship with a same-sex partner in a family unit can, at his choice, be defined as a househusband (as long as this status remains in the law books), is required by public interest and the principle of equality that underlies it. This is an interpretation that upholds human rights, and among other reasons, it is preferred over any other interpretation." Michael Foa, chairman of Choosing Family, responded: ''The Supreme Court continues its agenda of destroying the family unit from a feeling that with words alone, it creates a new world where two men or two women become a family. It is legitimate to discuss the rights of a shared household; it is not legitimate to decide for the public what constitutes a family unit and what does not.''
