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Regulating Marriage: Lessons from Israel

Guy Ben Porat
Ben-Gurion University of the Negev
Guy Ben Porat
Ben-Gurion University of the Negev

Abstract

Marriage is not only a private choice of two individuals. Defined and regulated by religious and political authorities, marriage is an institution that guarantees the right to a domain of privacy, but this right is itself defined by public policy. Marriage can be secular Israelis’ most significant encounter with religious authority. Rabbinical courts hold jurisdiction over matters of marriage and divorce for all Jews in Israel, regardless of their beliefs and preferences, and the rituals are conducted in accordance with Orthodox laws. Demands for reform made by secular Israelis who object to the Orthodox monopoly, and by those prevented from marrying in Israel by that monopoly, have gained in momentum and intensity in the past two decades. Until now, these demands have failed to change the formal rules, but the new needs and desires have been channeled into secular initiatives that have aimed at bypassing the political impasse. By adopting and applying relevant strategies, various "secular entrepreneurs" succeeded in creating a range of different alternatives that, to all intents and purposes, challenge religious authority and the state capacity to regulate marriage.