And a good morning to you too!

[eumelia]

It's time for another round of refuting the myth of "Queer Oasis in the Middle East".

There is a father of twins in India. They were born to a surrogate mother. He wants to bring them home and get them naturalised.
At the moment he is stuck in India because he's been denied the standard legal order that will enable him to start the process.
His kids have been denied entry into the Israel.

For some reason *coughhomophobiacough* the Jerusalem family court is stalling permission for him to perform the paternity test needed to start the process of making these kids citizens.

Well done family court. I just love the way you're all objective and unbiased and... wait a minute!

In the article, the Judge in charge of this case - Judge Philip Marcus - explains that he has no jurisdiction over the father - Dan Goldberg - and that in addition to that he explains his decision to deny the order thus:

In addition to the Goldberg case, Marcus has also delayed issuing decrees in two other instances involving homosexual couples from Jerusalem expecting the birth of their children via surrogacy.

In explaining his decision, and as appears in the state protocol, Marcus stated: "If it turns out that one of the [purported fathers] sitting here is a pedophile or serial killer, these are things that the state must examine."

Yes people, being gay makes you more susceptible to paedophilia and serial murder.

Because them gays just can't trusted with kids.

Dan Goldberg is obviously a wealthy (or was, seeing as he's now spending all his money on trying to make sure he and his kids don't accidentally become refugees) and is also a believer in the State of Israel, as he's quoted saying:

"This is a state of contradictions," Goldberg, a 42-year-old Jerusalem restaurateur, said via telephone in Mumbai. "I'm an Israeli citizen, I served in a combat unit during two intifadas and I still serve in the reserves. I've also volunteered with the police for years. But when I want to realize my right to be a parent, the state kicks me to the curb."

Look see, he's proven his worth as a human being to the state!

It's really quite sickening, this whole thing. Beyond the glaring bias of the judges, the fact that this guy has to do a Loyalty Test to a Newspaper in order to gain some kind of recognition as a human being.
Not a serial killer, but a loyal soldier. Not a paedophile, but a father.

Let the man come back to the country and wage his legal war from his home, at the very least. These kids are babies, what are they going to do? Take someone's job in an IT company like all the other foreign workers are accused of doing?

Oh, and Judge Philip Marcus should be struck off - painfully - from the bench, seeing as he's proven himself to be incapable of impartiality. It would be redundant to say that Judge Marcus is religious, wouldn't it.
Or maybe not. Maybe this is something worth talking about. About how the fact that Goldberg is not the first, nor will he be the last, unless he sets a precedence, regarding gay men needing to jump over hurdles and loops in family court in order to be fathers, because of a religious judge's bias.
The religious bias being, that these kids, aren't, in fact Jewish.
No, really, they're not.
How do I know? Because they were born in India to a surrogate mother - well, a gestational mother and a different donor mother - and if I understand how this economy works, the actual carrier of the babies is an Indian woman and the donor ova could be anyone (Jewish, or not Jewish). According to Jewish cosmology, a child in order to be considered Jewish has to be born from a Jewish woman, or convert to Judaism.
It doesn't make a whole lot of sense other than the fact that a matrilineal succession doesn't allow for mistakes, because more often than not, you'll know who your mother is.

With gay fathers, it's so confusing! How will we know?! How can we make sure!!!!!??? Panic and freaking out from heteronormative Jewish society erupts.

This is what a "Queer Oasis" looks like. Via Mumbai.

Comments

[majoline]

I'm tired of all this BS (I was linked to and have been reading all day unfunnybusiness at journalfen) and I just want to say FUCK THAT NOISE. THE END.

[eumelia]

It is simply disgusting. I have no other words, other than the many I wrote above.

[silveradept]

Ridden off the bench with a riding crop. Bring him here to the United States - the bench will happily accept him in several states and he can be the bastard bigot all he likes, and enjoy the protection of the law while he's at it.

[eumelia]

As you can see, the law is on his side as well.

[silveradept]

Mm. Point taken. Are behaviors like his also considered normal and appropriate things to do to protect us all from The Gay? Or do they at least have the scent of "This is wrong to do to people."?

[eumelia]

Depends who you ask. Almost everyone will say this is an outrage, but some will say they understand the Judge's position, because it's a finicky legal thing, and stigma of course. Surrogacy in Israel is not available to Same-Sex couples and the surrogate has to be of the same religion as the people (the heterosexual couple) she is carrying for specifically for the reasons I wrote in my post.

[silveradept]

Okay. I guess I started with "WTFJudge" and am now unsure thinking it's more "WTFLaw?" and that means I have to ask whether judges have the broad powers to tell laws they think are unconstitutional to go fuck off or not.

[eumelia]

Israel doesn't have a constitution.
We're that awesome.

The irony has not eluded me.

[silveradept]

Boy, I need to read up on things. My Aemero-centric framework isn't worth squat.

Would think the judge has no leg to stand on to stop him, though, unless he's somehow convinced the kids are dangerous or kidnapped/smuggled.

[eumelia]

All things he could rule out by subpoenaing the paternity test.

Like he's supposed to.

[silveradept]

And thus we loop back around to "WTFJudge". There's no reason not to order the test unless you're against the parent being able to parent.