I read in the press that the Tel Aviv family court refused to authorize an agreement made between two Lesbian women. A while ago I remember reading that a court had authorized an agreement between two Lesbians. Is it possible for two courts to give conflicting decisions on the same issue ?
By: דיאנה שאלתיאל•Published on: 10 May, 2022The judgment authorizing a family life agreement between two Lesbians was made by the family court in Beersheva in Summer 2001. In March 2002 the Tel Aviv Court gave a decision stating that it lacked jurisdiction to authorize agreements made by Lesbian or homosexual couples. It stressed that it only had jurisdiction to authorize agreements between cohabiting heterosexual couples under the Family Courts’ Act of 1995. Courts are not bound by decisions or judgments of courts of a similar level. Under the principles of precedent in The Basic Law: Judiciary a family court is only bound by what the Supreme Court decides. Even what a district court rules is of guiding force only.