During a court hearing over whether gay men should be allowed to use surrogacy, Israel’s Chief Justice Esther Hayut said the law could be “blatantly unconstitutional.”
As it stands now, only women with medical problems are allowed to use surrogacy, according to Gay Star News, but Hayut is questioning why men can’t as well.
“We are asking about a constitutional principle of equality, whether it is being undermined or not. Why are women allowed and men are not?” Hayut said, according to Gay Star News.
The state’s lawyer said that by allowing gay men to use surrogacy, demand could exceed supply of surrogates. But Hayut still did not believe that was grounds for disqualifying the group.
Hayut announced there will be no more hearings, and the state has 30 days to answer whether the law discriminates.