Tel Aviv shooting victim will not be deported after calls from LGBT groups

Nir Katz

Congregation Beth El Binah in Dallas joined other LGBT Jewish groups around the United States Wednesday, Feb. 9, in calling on Israel to allow Thomas Schmidt to stay in that country. They held a phone conference organized by Congregation Beit Simchat Torah in New York on Feb. 8.

According to the Israeli newspaper Ma’ariv today, Schmidt will be allowed to stay in the country.

Schmidt is from Germany and has lived in Israel since 2004. His partner was Nir Katz who was murdered at the Tel Aviv LGBT Center on Aug. 1, 2009.

Schmidt was one of 11 injured in the attack. Katz’ parents helped Schmidt recuperate and they consider him a part of their family. He has no contact with his own family in Germany.

He was in the process of applying for permanent partnership status when Katz was killed. His residency visa had expired.

After the shooting at the LGBT Center, Congregation Beth El Binah planned a vigil with Youth First Texas and Resource Center Dallas, which was the first of many held around the world over the next few days. A rally in Tel Aviv attracted 100,000 people supporting the victims of the shooting and the LGBT community.

When Schmidt’s visa expired, Israel first denied his request to stay in the country.

Nitzan Horowitz, currently the only openly gay member of the Knesset, called on Israel to allow Schmidt to stay in the country.

Yonatan Gher, director of Jerusalem Open House, that city’s LGBT center, said that in 2009, one person committed a hate crime against the LGBT community but “today the country is committing a hate crime.”

“We call on Israel to allow the victim of the brutal attack to remain in the country,” Diane Litke, president of Congregation Beth El Binah, said yesterday.

Today, Israel changed its position and will allow Schmidt to stay in the country.

Israel recognizes same-sex marriages performed in other countries. Most opposite-sex couples do not get married in the country. Since only Orthodox rabbis are allowed to perform weddings in Israel, and most Israelis are not Orthodox, they marry elsewhere and their marriages are recognized.

—  David Taffet

7 gay couples sue Montana over equal protection

The ACLU of Montana may have found a way to force states like Texas that have outlawed same-sex marriage to provide rights to gay and lesbian couples.

Although a decision has not been reached in the Prop 8 trial in California, the defense’s inability to produce any evidence or credible witnesses in that case may have emboldened the ACLU to sue on behalf of seven Montana couples.

The couples in the Montana suit aren’t pursuing the right to marry. They simply want the state to provide their families with the same protections opposite-sex couples enjoy.

The lawsuit claims Montana violates its own state constitutional guarantees of rights like privacy, equal protection and due process. The suit seeks equal rights through domestic partnerships.

By this suit, Plaintiffs do not seek the opportunity to marry nor do they seek the designation of “marriage” for their relationships. … Plaintiffs simply seek the same opportunity to obtain the statutory protections and obligations that are offered by the State to different-sex couples and their families through the legal status of marriage.

One of the plaintiffs describes her experience of being denied access to her former partner’s remains and her employer denying bereavement leave.

On their eighth anniversary, Christmas Day in 1996, Mary’s former partner was killed in a tragic accident on Lone Peak, involving an avalanche control explosive. Although Mary and her former partner had, like Stacey and Mary have, taken legally available steps to try to protect their relationship, Mary found herself powerless in a number of essential ways following her former partner’s death.

Grief-stricken after the accident, Mary was denied access to her former partner’s remains, as the coroner explained that she had no legal relationship to her partner. Big Sky Ski Resort refused to give Mary bereavement leave. Because Mary’s former partner did not leave a will and the state law that protects spouses in the event of intestacy could not apply, the family of Mary’s former partner was able to take almost all of the partner’s possessions, including half of the balance of a mutual fund account to which the couple had jointly contributed. The family also received the partner’s Worker’s Compensation Death benefits — money that by law goes to spouses, but not to the domestic partners of committed, intimate, same-sex couples. In addition, the family, unlike Mary, was able to seek damages against the ski resort through a wrongful death suit, a legal recourse that was not available to Mary even though she had been in a committed, intimate relationship with her partner for eight years.

The Texas law goes even farther than the Montana anti-gay law. The Texas amendment prohibits anything “similar to or identical marriage.” But doesn’t that actually make all marriage illegal in Texas?

—  David Taffet