Sexual orientation and gender identity in the Israeli military

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The Israeli military consists of the Israel Defense Forces and the Israel Border Police, both of which engage in combat to further the nation's goals. Israel's military is one of the most accommodating in the world for LGBT individuals. [1] [2] The country allows homosexual, bisexual, and any other non-heterosexual men and women to participate openly, without policy-based discrimination. Transgender men and women can serve under their identified gender and receive gender affirming surgery [ citation needed ]. No official military policy prevents intersex individuals from serving, though they may be rejected based on medical concerns. [3]

Contents

By demographics

Non-heterosexual personnel

Aluf (General officer) Sharon Afek was the Chief Military Advocate General of the Israel Defense Forces, and is openly gay. He came out in 2017, becoming the first member of the supreme command of the IDF to do so. Sharon Afek.jpg
Aluf (General officer) Sharon Afek was the Chief Military Advocate General of the Israel Defense Forces, and is openly gay. He came out in 2017, becoming the first member of the supreme command of the IDF to do so.

Gay, lesbian, and bisexual soldiers serve throughout all branches of the military. Discrimination against LGBT soldiers in recruitment, placement, and promotion is prohibited. [5] Harassment or degradation on the grounds of sexual orientation is also prohibited in the Israeli military. In 2016, the IDF banned a rabbi – also co-head of a premilitary academy – from visiting bases and called for him to retract statements calling gay people "perverts". [6] A study conducted by Kaplan and Rosenmann in 2000 found that in terms of unit social cohesion, participants who acknowledged the presence of gay peers did not differ from those who had no such knowledge. [7]

The military recognizes same-sex couples, including widows and widowers of the same sex. Life partners of non-heterosexual career soldiers are entitled to 14 weeks' paid maternity leave and an additional 12 weeks of unpaid leave (regardless of the biological father), unless the other partner has also taken leave. [8] Like heterosexual partners, same-sex partners raising children together who are called up for reserve duty at the same time can ask for one partner's service to be postponed – whether their child or children are listed as in custody of one or both parents. [9] Children of same-sex couples are eligible for scholarships and nursery school subsidies, even if the career soldier is not the biological parent. In terms of these rights for children of career soldiers, the IDF is more accommodating for same-sex couples than the state. [10] A Gender Affairs unit works to empower the LGBT community in the IDF. [11]

As of 2003, soldiers are also allowed to participate in gay pride parades. [8] However, in 2018, the IDF banned soldiers from participating in strikes protesting the exclusion of gay men from a recently passed surrogacy law, as they were considered political demonstrations. [12]

Acceptance in everyday life sometimes differs from regulations; a poll conducted in 2011 by the Israel Gay Youth found that 40% of gay soldiers said they were verbally harassed for their sexual orientation, 20% said they had been sexually harassed, and 4% said they had been physically assaulted. Some, such as Noa Halevi, a reserves officer, say that female gay soldiers have an easier time in the army's masculine environment. [8] In 2019, an IDF spokesman supported the removal of drawings depicting various family structures – including same-sex couples and single parents – that had been posted to a base's bulletin board for Family Day, as the photos were not in "IDF Code of Ethics". [13] However, in one instance, a soldier who overheard homophobic comments did report the behavior to his commanders, leading to the punishment of one of the instigating soldiers. [14]

Some units are considered more accommodating, such as Unit 8200, a branch that often drafts from the socio-economic elite and deals with signals intelligence. [8] However, its reputation as a gay-friendly unit is complicated by unit dissenters that objected to Unit 8200's collection of information on innocent people – including their sexuality – for later use as blackmail. [15]

Among the public, the Peace Index poll found that a large majority of Israelis say the IDF should espouse a "pluralistic and open value system", including openness to LGBT soldiers. 81% of those who said they were "secular", 76% of "non-religious-traditional", 57% of "religious", and 52% of "religious-traditional" support such openness. [16]

History of non-heterosexual personnel in the Israeli military

In 1956, the Military Court of Appeals heard the case of two male privates sentenced to a year in prison for consensual sex. The General Staff's orders did not mention homosexuality, but civilian law deemed "relations not in the usual way" a criminal offense. Psychologist Dr. Skali Avraham testified that homosexual behavior was deviant, not criminal. The court accepted the argument, and sentenced one soldier to a day in prison and the other, who was ruled to have instigated the encounter, to 70 days. [8]

In the 1960s, legal opinions by the Israeli Attorney General and the Supreme Court limited the application of the criminal laws against homosexuality, but the prevailing notion that homosexuality was a disease remained. In 1977, the Military Advocate General, Brig. Gen. Zvi Inbar, issued a set of directives – "The Trying of Homosexual Soldiers" – to all military prosecutors, instructing them to only file charges against soldiers who broke the civilian law against homosexual acts if: one of the parties involved was a minor, the sex was non-consensual, one of the parties was unconscious, the sex was conducted in public, or one of the soldiers was under the command of the other.

In 1983, the IDF adopted a policy that gay personnel would not be limited or discharged solely based on their sexual orientation, but it did prohibit gay service members from taking intelligence positions, other jobs requiring a top-secret clearance, or serving in elite combat units. Officers were also required to refer known gay soldiers for a psychological evaluation to determine whether they posed any security risks or were mentally unfit for service, though commanders did sometimes disregard this policy. [17]

Civilian law decriminalized homosexual acts in 1988. [8]

In 1993, the IDF formally opened the draft to all, regardless of sexual orientation. In 1998, the army ceased to link sexual orientation to security clearances, and rescinded the order that required commanding officers to report gay soldiers. These policy changes were not well-publicized; a 2003 survey found that only 29% of gay soldier respondents were aware of the 1993 policy. [7] Non-heterosexual personnel are currently allowed to serve openly in the military, including in special units.[ citation needed ]

Transgender personnel

The Israeli Defense Forces does not consider gender dysphoria to be a disqualifying condition for service. Furthermore, the IDF considers certain transition-specific medical treatments (hormone replacement therapy and gender-affirming surgery) and counseling to be medically essential for transgender personnel, and, thus, pays for said treatments. The IDF determines gender-specific army regulations (length of service, housing, uniforms, etc.) on a case-by-case basis. [18] However, this is complicated by the fact that Israeli law only allows gender-affirming surgery to be performed once an individual is 18 – the draft age –; therefore, most individuals joining the IDF would not have the opportunity to transition before joining. [19] Shachar Erez, the first openly transgender person to become an officer in the IDF, underwent gender-affirming surgery during his service. During his officers course, he decided to come out to his colleagues and commanders. He graduated as a male officer, and continues his service in the department of Behavioral Sciences of the ground forces. [20]

History of transgender personnel in the Israeli military

While transgender individuals have been allowed to serve in the IDF, more recent policy changes have allowed these individuals to be treated in accordance with their preferred gender.

In 2013, the IDF announced that they would, for the first time, allow a transgender woman to serve in the army as a female soldier. [21] The IDF Medical Corps' Mental Health Division then worked with the Israeli Center for Human Sexuality & Gender Identity to better understand the needs of transgender individuals and raise awareness of those needs within the IDF. [18]

In 2014, a new policy was put in place that automatically referred transgender personnel to a support system – allowing them to avoid seeking a commander's help obtaining uniforms, health care, or proper facilities, and making it easier to serve as their preferred gender. Showers and housing may be handled on a case-by-case basis, while fitness standards for a given position must be met as applicable to their preferred gender. [18] That year, Shachar Erez became the first openly transgender officer in the IDF. [20]

Intersex personnel

Officially, IDF policy does not bar intersex persons from service, though intersex individuals may be found unfit or re-assigned due to related medical conditions. [3]

Without conclusive data on intersex prevalence in Israel or reports regarding the military service of intersex individuals, a case study by Marom et al. (2008) estimates that there are a "few dozen" intersex individuals in active service in the IDF. They assume that the condition is likely under-reported in data of soldiers in service between 2004 and 2007, or some intersex individuals were ineligible for the draft due to gender dysphoria. [3] In 2010, an intersex Haredi man was initially found to be fit for service in a combat supporting role. Upon his attempt to improve his profile to serve in combat roles, the army determined that he could not enlist at all due to his age – 30 – though the man himself believes this determination was due to his status as an intersex individual. [22]

By branch

Israel Defense Forces

In May 2019, the IDF made changes to recruitment forms, aimed at adjusting them to be inclusive of soldiers with same-sex parents. Where the form asked for the information of the "Father" and "Mother", it now asks for "Parent 1" and "Parent 2". The move was opposed by some Orthodox rabbis. [23]

Israel Border Police

The Israel Border Police is a unit within the Israel Police, but is a combat-ready organ of the Israeli government. [24] Israelis who are drafted for mandatory military service are allowed to choose to serve in the border police. As a part of the police force of Israel, discrimination against LGBT people is prohibited. A violation of these rules does not necessarily result in ejection from the service; in 2018, a police rabbi who made homophobic statements was allowed to keep his job with a warning. [25]

See also

Related Research Articles

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) personnel are able to serve in the armed forces of some countries around the world: the vast majority of industrialized, Western countries including some South American countries, such as Argentina, Brazil and Chile in addition to other countries, such as the United States, Canada, Japan, Australia, Mexico, France, Finland, Denmark and Israel. The rights concerning intersex people are more vague.

<span class="mw-page-title-main">LGBTQ rights in Israel</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Israel are considered the most developed in the Middle East and among the most developed in Asia. Although same-sex sexual activity was legalized in 1988, the former law against sodomy had not been enforced since a court decision in 1963. Israel became the first country in Asia to recognize unregistered cohabitation between same-sex couples, making it the first country in Asia to recognize same-sex unions in any capacity. Although same-sex marriages are not performed in the country, since Israel does not have civil non-religious marriages, and none of the recognized religious marriage institutions within the country perform same-sex marriages, Israeli law recognizes civil marriages performed elsewhere. Discrimination on the grounds of sexual orientation was prohibited in 1992. Same-sex couples are allowed to jointly adopt, following a landmark court decision in 2008. Previously, stepchild adoption, as well as limited co-guardianship rights for non-biological parents, were permitted. LGBTQ people are also allowed to serve openly in the military.

<span class="mw-page-title-main">LGBTQ rights in the United Kingdom</span>

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.

<span class="mw-page-title-main">LGBTQ rights in New Zealand</span>

New Zealand lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. The protection of LGBT rights is advanced, relative to other countries in Oceania, and among the most liberal in the world, with the country being the first in the region to legalise same-sex marriage.

<span class="mw-page-title-main">LGBTQ rights in Australia</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Australia rank among the highest in the world; having significantly advanced over the latter half of the 20th century and early 21st century. Opinion polls and the Australian Marriage Law Postal Survey indicate widespread popular support for same-sex marriage within the nation. Australia in 2018, in fact was the last of the Five Eyes set of countries - that consisted of namely Canada (2005), New Zealand (2013), United Kingdom (2014) and the United States (2015) to legalize same-sex marriage. A 2013 Pew Research poll found that 79% of Australians agreed that homosexuality should be accepted by society, making it the fifth-most supportive country surveyed in the world. With its long history of LGBTQ activism and annual Gay and Lesbian Mardi Gras festival, Sydney has been named one of the most gay-friendly cities in the world.

<span class="mw-page-title-main">LGBTQ rights in Azerbaijan</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Azerbaijan face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Azerbaijan since 1 September 2000. Nonetheless, discrimination on the basis of sexual orientation and gender identity are not banned in the country and same-sex marriage is not recognized.

<span class="mw-page-title-main">LGBTQ rights in Kazakhstan</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Kazakhstan face significant challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are legal in Kazakhstan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

<span class="mw-page-title-main">LGBTQ rights in Bangladesh</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Bangladesh face widespread social and legal challenges not experienced by non-LGBT people.

<span class="mw-page-title-main">LGBTQ rights in El Salvador</span>

Lesbian, gay, bisexual, transgender, intersex, non-binary and otherwise queer, non-cisgender, non-heterosexual citizens of El Salvador face considerable legal and social challenges not experienced by fellow heterosexual, cisgender Salvadorans. While same-sex sexual activity between all genders is legal in the country, same-sex marriage is not recognized; thus, same-sex couples—and households headed by same-sex couples—are not eligible for the same legal benefits provided to heterosexual married couples.

<span class="mw-page-title-main">LGBTQ rights in Asia</span>

Laws governing lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are complex in Asia, and acceptance of LGBTQ persons is generally low. Same-sex sexual activity is outlawed in at least twenty Asian countries. In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen, homosexual activity results in death penalty. In addition, LGBT people also face extrajudicial executions from non-state actors such as the Islamic State of Iraq and the Levant and Hamas in the Gaza Strip. While egalitarian relationships have become more frequent in recent years, they remain rare.

Same-sex marriage in Judaism has been a subject of debate within Jewish denominations. The traditional view among Jews is to regard same-sex relationships as categorically forbidden by the Torah. This remains the current view of Orthodox Judaism.

Homosexual relations were legalised in the state of Israel in 1988, and during the 1990s various forms of discrimination were prohibited, making LGBT rights in Israel the most progressive in the Middle East. Debate has since centred on recognition of same-sex partnerships and the rights they confer, including inheritance, residency, and the adoption of children. The staging of LGBT pride parades has been controversial in some cases.

<span class="mw-page-title-main">Sexual orientation and gender identity in the Australian military</span>

Sexual orientation and gender identity in the Australian military are not considered disqualifying matters in the 21st century, with the Australian Defence Force (ADF) allowing LGBT people to serve openly and access the same entitlements as other personnel. The ban on gay and lesbian personnel was lifted by the Keating government in 1992, with a 2000 study finding no discernible negative impacts on troop morale. In 2009, the First Rudd government introduced equal entitlements to military retirement pensions and superannuation for the domestic partners of LGBTI personnel. Since 2010, transgender personnel may serve openly and may undergo gender transition with ADF support while continuing their military service. LGBTI personnel are also supported by the charity DEFGLIS, the Defence Force Lesbian Gay Bisexual Transgender and Intersex Information Service.

<span class="mw-page-title-main">Outline of LGBTQ topics</span>

The following outline offers an overview and guide to LGBTQ topics:

<span class="mw-page-title-main">Transgender people and military service</span>

Not all armed forces have policies explicitly permitting LGBT personnel. Generally speaking, Western European militaries show a greater tendency toward inclusion of LGBT individuals. As of 2022, more than 30 countries allow transgender military personnel to serve openly, such as Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Canada, Chile, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Israel, Japan, Mexico, the Netherlands, New Zealand, Norway, Spain, Sweden, Switzerland, Ukraine and the United States. Cuba and Thailand reportedly allowed transgender service in a limited capacity.

<span class="mw-page-title-main">Intersex and LGBT</span> Relationship between different sex and gender minorities

Intersex people are born with sex characteristics that "do not fit the typical definitions for male or female bodies". They are substantially more likely to identify as lesbian, gay, bisexual, or transgender (LGBT) than endosex people. According to a study done in Australia of Australian citizens with intersex conditions, participants labeled 'heterosexual' as the most popular single label with the rest being scattered among various other labels. According to another study, an estimated 8.5% to 20% experiencing gender dysphoria. Although many intersex people are heterosexual and cisgender, and not all of them identify as LGBTQ+, this overlap and "shared experiences of harm arising from dominant societal sex and gender norms" has led to intersex people often being included under the LGBT umbrella, with the acronym sometimes expanded to LGBTI. Some intersex activists and organisations have criticised this inclusion as distracting from intersex-specific issues such as involuntary medical interventions.

This is a timeline of LGBT Jewish history, which consists of events at the intersection of Judaism and queer people.

<span class="mw-page-title-main">Sexual orientation and gender identity in the United States military</span> LGBT in the US military

In the past most lesbian, gay, bisexual, transgender, and queer (LGBTQ) personnel had major restrictions placed on them in terms of service in the United States military. As of 2010 sexual orientation and gender identity in the United States military varies greatly as the United States Armed Forces have become increasingly openly diverse in the regards of LGBTQ people and acceptance towards them.

<span class="mw-page-title-main">Intersex people and military service</span> Minority in military service

Military service of intersex people varies greatly by country. Some armed forces such as the Australian Defence Force fully embrace intersex people in the modern era, while others such as the United States Armed Forces have vague rules or policies or treat the subject on a case by case basis.

This overview shows the regulations regarding military service of non-heterosexuals around the world.

References

  1. ↑ "Israeli military one of the world's most LGBT friendly, report says". Haaretz.
  2. ↑ "IDF in top-ten most gay friendly armies". Ynetnews. 22 February 2014.
  3. 1 2 3 Marom, Tal; Itskoviz, David; Ostfeld, Ishay (2008). "Intersex Patients in Military Service". Military Medicine. 173 (11): 1132–5. doi:10.7205/MILMED.173.11.1132. PMID   19055190.
  4. ↑ Tzimuki, Tova (2017-10-05). "Military advocate general is first senior IDF official to come out of the closet". Ynetnews. Retrieved 2020-05-10.
  5. ↑ Greenberg, Joel (16 October 2002). "Tel Aviv Journal; Once Taboo, a Gay Israeli Treads the Halls of Power". The New York Times . Retrieved 2010-05-07.
  6. ↑ Cohen, Gili (2016-07-19). "Israeli Army Bans Anti-gay Rabbi From Bases, Demands He Retract Statements". Haaretz. Retrieved 2020-05-10.
  7. 1 2 Kaplan, Danny; Rosenmann, Amir (2012). "Unit Social Cohesion in the Israeli Military as a Case Study of "Don't Ask, Don't Tell"". Political Psychology. 33 (4): 419–436. doi:10.1111/j.1467-9221.2012.00914.x. ISSN   1467-9221. S2CID   146273155.
  8. 1 2 3 4 5 6 Ginsburg, Mitch (29 July 2013). "IDF's gays find friends at the top, lingering homophobia on the ground". The Times of Israel .
  9. ↑ Cohen, Gili (2015-05-19). "IDF Recognizes Gay Reservists' Rights as Parents". Haaretz. Retrieved 2020-05-10.
  10. ↑ Gross, Judah Ari. "For gay soldiers, IDF seen as "more progressive" than the state". www.timesofisrael.com. Retrieved 2020-05-10.
  11. ↑ "Manpower Directorate Homepage". www.idf.il. Retrieved 2020-05-10.
  12. ↑ staff, T. O. I. "IDF bars soldiers from participating in "political" LGBT protests". www.timesofisrael.com. Retrieved 2020-05-10.
  13. ↑ Haaretz (2019-02-12). "Israeli Army Backs Removal of LGBTQ Family Photos From Base". Haaretz. Retrieved 2020-05-10.
  14. ↑ "IDF soldier: Gay people deserve a bullet in the head". The Jerusalem Post | JPost.com. Retrieved 2020-05-10.
  15. ↑ "Israeli Army's Gay Soldiers Must Stop Persecuting Gay Palestinians". Haaretz. 2014-09-23. Retrieved 2020-05-10.
  16. ↑ staff, T. O. I. "Two-thirds of Israelis back an army open to LGBT troops". www.timesofisrael.com. Retrieved 2020-05-10.
  17. ↑ Institute, National Defense Research (2010), "The Experience of Foreign Militaries", Sexual Orientation and U.S. Military Personnel Policy, An Update of RAND's 1993 Study, RAND Corporation, pp. 275–320, ISBN   978-0-8330-5129-5, JSTOR   10.7249/mg1056osd.18
  18. 1 2 3 "Open Service by Transgender Members of Israel Defense Forces". Palm Center. Retrieved 2020-05-10.
  19. ↑ Efrati, Ido (2014-05-14). "Israel to Allow Sex-change Surgery From Age 18". Haaretz. Retrieved 2020-05-10.
  20. 1 2 "Shachar Erez Came Out As Transgender For Himself — And The Israeli Army". The Forward. 3 April 2017. Retrieved 2020-05-10.
  21. ↑ Dekel, Author: Yanir (7 August 2013). "Transgender in the IDF - AWiderBridge" . Retrieved 2020-05-10.{{cite web}}: |first= has generic name (help)
  22. ↑ Glickman, Aviad (2010-02-08). "IDF refuses to recruit intersexed Haredi man". Ynetnews. Retrieved 2020-05-10.
  23. ↑ "IDF move to accommodate recruits from LGBT homes enrages rabbis".
  24. ↑ "The Israel Police". GOV.IL. Retrieved 2020-05-10.
  25. ↑ Breiner, Josh (2018-08-28). "Israel Police Rabbi Rebuked for Alleged anti-LGBT Stance, But Allowed to Stay Put". Haaretz. Retrieved 2019-02-21.

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