Not only does it pave the way for Jews of all streams to be eligible for Israeli citizenship under the Law of Return, it also sends an unequivocal message to the government, Knesset and Diaspora Jewry that the Orthodox monopoly on the Jewish state is not sustainable.
The ruling was the culmination of a petition process that began more than 15 years ago, involving a dozen people who converted to Judaism in Israel via non-Orthodox denominations. In an 8-1 decision that appeared to end the legal battle, the justices – led by Supreme Court President Esther Hayut – said they decided to act after lawmakers had failed to advance legislation in the intervening years.
“The petitioners came to Israel and went through a conversion process in the framework of a recognized Jewish community and asked to join the Jewish nation,” Hayut wrote.
The dissenting judge in the case, Noam Sohlberg, said that while he agreed with the “legal conclusion of the verdict,” he believed that the Knesset should have been given more time to act.
Still, the ruling – as expected – triggered a political firestorm, with haredi (ultra-Orthodox) and right-wing politicians denouncing the decision, while secular and left-wing groups praised it.
Arye Deri (Shas) called the ruling “a mortal blow to the Jewish character of the state.” Naftali Bennett (Yamina) vowed to advance new legislation on the issue, accusing the High Court of “intervening in government decisions and forgetting its role.”
On the other hand, opposition leader Yair Lapid (Yesh Atid) declared that Israel must have complete equality of rights for all streams of Judaism, saying: “We all need to live here together with tolerance and mutual respect.” Similarly, Avigdor Liberman (Israel Beytenu) promised to “continue to battle religious coercion and preserve the State of Israel’s character as a Jewish, Zionist and liberal state.”
It is significant that Prime Minister Benjamin Netanyahu did not immediately issue a statement, although his Likud Party joined the chorus of condemnations led by Sephardi Chief Rabbi Yitzhak Yosef and Ashkenazi Chief Rabbi David Lau.
Yosef called the ruling “regrettable,” saying it would lead to “thousands of gentiles among the people of Israel,” while Lau insisted that “those who converted through Reform conversions and the like are not Jewish: No High Court decision will change that fact.”
The chief rabbis are wrong. Firstly, the decision – if it is not overturned – will help heal the rift within the Jewish people and bridge the growing divide between Israeli and Diaspora Jews. More importantly, though, the ruling gives legal and moral weight to Israel being a country that opens its arms to all Jews, without favoring or discriminating against any denomination.
Now is the time to free Israel from the choke hold of the Chief Rabbinate.
As Israel approaches the March 23 election, its politicians – from the prime minister down – should begin internalizing the sea change represented by the High Court’s decision.
All Israel’s prime ministers have allowed the Orthodox to rule when it comes to religious affairs. Among the obvious examples are the facts that civil marriages are still not allowed in Israel, the rabbinate still determines standards of kashrut and there is still no egalitarian prayer section at the Western Wall.
After the upcoming election, it is possible that the new Knesset could pass legislation that reverses the High Court decision and allows for only Orthodox conversions to be recognized under the Law of Return.
This would be a regressive step that would be detrimental to the country and the Jewish people.
If the Jewish state cannot embrace all Jews and be a homeland for all Jews, then what is its raison d’etre? And what message does it convey to other faiths and other countries?
Let us applaud the High Court for its just decision. And let’s move forward, not backward, in implementing it to make Israel a country of which we can all be proud.