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It was also ruled by the Supreme Court that the constitutional right to equality prohibits discrimination both based on sexual tendency and based on gender identity.5 Since the passing of the amendment to the Equal Opportunities in Work Law, many other legislative amendments have been passed prohibiting discrimination in different contexts, such as medical care (Amendment 4 to the Patient’s Rights Law, 5756-1996), the Employment Service Law (Amendment No.

20 to the Employment Service Law, 5719-1959) and others.

The judicial instance will balance between the properties of the specific function and the need for concealment, and the degree of concealment required (for example, there is a difference between a categorical demand for concealment of sexual tendency or gender identity and a demand prohibiting the hanging of pictures of couples in an office or flying a gay pride flag in the workplace).

Unlike the outright ban on discrimination in the context of personal rights and financial rights of LGBT partners, there is discrimination in Israel against partners with regard to personal and family status.

In the famous Danilovich Case1, the Supreme Court heard the scope of the prohibition of discrimination, and ruled that the discrimination against same-sex couples in any benefit given to couples in the workplace was prohibited.

The Court was also divided in that case over whether the prohibition of discrimination was limited only to cases of discrimination at work, as the then President Barak stated, or whether there was a general prohibition of discrimination in Israeli law, as Justice Dorner held.

To the extent that a demand of this type exists, and is not enforced equally (and in effect heterosexuals are not required to conceal their tendencies in practice), this is prohibited discrimination, and to the extent that the worker or service recipient can prove selective enforcement, they will be entitled to compensation by law, depending on the specific context.Moreover, same sex partners are not allowed to engage in surrogacy agreements in Israel, and despite the strong criticism that the Supreme Court has voiced against this discrimination, it has not yet been changed by legislation or case law.11 In addition, until now the question of the possibility of recognizing joint parenthood of more than two parents has not yet been settled, despite the court ruling in a single case that this parenthood should be recognized for survivors’ allowance purposes.12 It is mentioned that there have been a number of previous cases in which the family courts have refused to help same sex couples, arguing that they did not constitute a family.As a rule, it is not possible to demand within a workplace military service and other such settings to conceal a person’s sexual tendency or gender identity.In any case in which there is no general demand to abstain from revealing personal details of this type, demanding only LGBT individuals to conceal their sexual tendency or gender identity constitutes prohibited discrimination.

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