The clash of religion & state often finds its way to the Supreme Court
Supreme Court nominations threaten religious freedom
Last week, months of nomination deliberations for four positions that will soon become vacant on Israel's Supreme Court came to an end. Israel's Minister of Justice, Ayelet Shaked, the token secular representative of the Zionist Orthodox Jewish Home party, chaired the nominations committee.
Uri Regev 27/02/2017 10:43
Tags: Ayelet Shaked · Moshe Gafni · Supreme Court · religious freedom
Justice Minister Shaked, source: Wikipedia
Interestingly, both Israel and the USA in recent weeks have been focused on the process of appointing Justices to their respective Supreme Courts. Everybody understands the critical and lasting impact that Justices who sit on their countries' highest courts have in shaping the path of the country when it comes to competing interpretations of the law.
Last week, months of nomination deliberations for four positions that will soon become vacant on Israel's Supreme Court came to an end. Israel's Minister of Justice, Ayelet Shaked, the token secular representative of the Zionist Orthodox Jewish Home party, chaired the nominations committee.
The Minister of Justice and her partners on Israel's political right stressed their intention to change the make-up of the Court from “judicial activism” to “conservatism”, to get the court off their backs and less inclined to interfere with Knesset legislation and governmental policies, and to be more reflective of the political and religious right.
While having to make some compromises, due to the nature of Israel's process of nominating justices, Ayelet Shaked nevertheless announced: “The judicial appointments this evening express the human as well as jurist common sense we so need as a society and which has been so direly absent from the highest judicial echelon... The stirring wheel of our judicial flagship have changed their direction tonight.”
We at Hiddush keep out of the political debate over settlements, which has been the main thrust of the tensions over the current appointments. Still, we see the need to point out that the impact of these nominations also extends to the clash over religion & state matters and Israel's core identity as a Jewish and democratic state.
The Supreme Court declared war on the Torah. It will not cease and will not rest until it destroys and decimates Judaism in the country such that, God forbid, nothing will be left.
This clash often finds its way to the Supreme Court, and serves as a launching point for catapulting abuse at the Court. For example, you may remember MK Rabbi Gafni’s reaction to the Supreme Court ruling, which granted non-Orthodox converts access to Israel’s publicly funded and operated ritual baths: “The Supreme Court declared war on the Torah. It will not cease and will not rest until it destroys and decimates Judaism in the country such that, God forbid, nothing will be left. We will put up a battle and fight against it.”
Regarding this aspect of the debate, it was important for Shaked and her party to increase the number of Orthodox judges on the court. In repeated statements she rejected former Chief Justice Prof. Barak's position that the values of Judaism in the "Jewish and democratic" State should be interpreted and applied in a way that would be "compatible with the democratic character of the state". Shaked enthusiastically embraces a vision of a Jewish state where the marriage and divorce laws for Jews are decided on the basis of Torah law, and the values of religious Jewish law are its basic foundations. In criticizing "judicial activism", she self-righteously stated that she believes in the wisdom of the people: “There is nothing more justified and right than the decision of the people and its representatives... their decision should be the final word in the public arena... the people are interested in a state with a real living Jewish character.”
The truth, though, is exactly the opposite. The people have much greater trust in the Court than in the Knesset or the Government. The people support the Court's efforts at expanding religious freedom and equality. The people reject the notion of a Jewish character for the state that is tantamount to religious coercion and forced Orthodox marriages for all Jews. This is clear to everyone with a minimal level of integrity. The only ones who refuse to see it are Israel's politicians who instead bow to the dictates of the ultra-Orthodox parties rather than listen to the people.
Regardless of what your views on the territories, the settlements, and politics in Israel, you too should be concerned that the present policies of the Minister of Justice and her political partners pose a real threat to the continued role of the Supreme Court as a defender of religious freedom, and a real threat to Israel's needed balance as a "Jewish and democratic state."