Israel's Supreme Court Mandates Conscription for Ultra-Orthodox Men

 June 25, 2024

Israel's Supreme Court has issued a landmark ruling. The court decided unanimously that ultra-Orthodox men must be drafted for military service, ending their long-standing exemptions.

According to Fox News, the ruling establishes that the country's compulsory military service system applies to ultra-Orthodox men just as it does to other citizens. Historically, ultra-Orthodox men have been exempt from the draft, a policy that has long fueled resentment among the secular public. The military's recent call-up of tens of thousands of soldiers for the conflict in Gaza, where over 600 soldiers have died in eight months, has only intensified these tensions.

Potential Political Repercussions for Netanyahu's Coalition

Ultra-Orthodox parties, integral to Prime Minister Benjamin Netanyahu's governing coalition, strongly oppose any changes to the current exemption system. This ruling could destabilize Netanyahu's coalition and potentially prompt new elections. Government lawyers have warned that compelling ultra-Orthodox men to serve could "tear Israeli society apart."

The court criticized the state's "invalid selective enforcement," calling it a serious violation of the rule of law and the principle of equality. Ultra-Orthodox men typically attend religious seminaries that focus exclusively on religious studies, avoiding secular subjects like math, English, or science, which critics argue leaves them unprepared for military service or the secular workforce.

Long-Standing Legal Challenges and Government Stalling

The exemptions for ultra-Orthodox men have faced numerous legal challenges, with several court decisions finding the system unjust. Despite these rulings, changes have been stalled due to pressure from ultra-Orthodox parties. Netanyahu has tried to navigate these complex dynamics, attempting to balance compliance with court rulings and maintaining his coalition.

Netanyahu's slim majority of 64 seats in the 120-member parliament makes him particularly vulnerable to the demands of smaller parties. In 2022, Netanyahu pushed a bill addressing ultra-Orthodox enlistment, but critics argue it falls short of addressing the current military needs, especially in light of the ongoing conflict in Gaza and potential threats from Hezbollah in Lebanon.

Ultra-Orthodox Community Faces Significant Pressure

The ultra-Orthodox community is Israel's fastest-growing demographic, with about 13,000 males reaching conscription age each year, though less than 10% enlist. This ruling places significant pressure on ultra-Orthodox lawmakers from both religious leaders and their constituents to either comply or leave the government.

Cabinet Minister Yitzhak Goldknopf, head of one of the ultra-Orthodox parties in the coalition, expressed his disappointment with the ruling. He emphasized the historical and religious significance of the ultra-Orthodox way of life. He wrote:

The state of Israel was established in order to be a home for the Jewish people whose Torah is the bedrock of its existence. The Holy Torah will prevail.

Government lawyers have also stressed the potential societal impact of the ruling, arguing that drafting ultra-Orthodox men could deeply divide the nation.

Netanyahu's Balancing Act and Future Uncertainties

Netanyahu has consistently tried to follow the court's rulings while preserving his coalition. However, the recent Supreme Court decision complicates his efforts, as he now faces the challenge of implementing the ruling without alienating his ultra-Orthodox allies.

The ultra-Orthodox community views their full-time religious studies as their contribution to protecting Israel. This perspective has historically justified their exemptions, but the recent court ruling challenges this longstanding belief.

Critics of the 2022 bill proposed by Netanyahu argue that it was insufficient in addressing the military's current needs. The ongoing conflict in Gaza and the potential for war with Hezbollah in Lebanon further underscore the urgent need for a more comprehensive solution.

Conclusion

Israel's Supreme Court's unanimous decision to draft ultra-Orthodox men into the military marks a significant shift in the country's conscription policy. This ruling could lead to political instability and societal divisions, especially given the strong opposition from ultra-Orthodox communities and their political representatives. Prime Minister Netanyahu faces a delicate balancing act as he attempts to implement the court's decision while maintaining his governing coalition. The ultra-Orthodox community, facing increasing pressure, must now navigate the potential end of their long-standing exemptions. As Israel continues to grapple with external threats, the implications of this ruling will undoubtedly shape its political and social landscape for years to come.

About Aileen Barro

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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