Religious intolerance in Israel

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Overview:

This is an enormously complex issue, which we have not fully researched at this time. However, there appears to be several areas of religious friction and intolerance in the country, including the following:

The lack of separation of church and state in Israel:

Their Declaration of Independence guarantees religious freedom: "The State of Israel…will be based on the precepts of liberty, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants regardless of religion, race or gender; it will guarantee freedom of religion, conscience, language, education and culture."

Israel is a signatory to the United Nations International Covenant on Civil and Political Rights, and the UN Universal Declaration of Human Rights which guarantee freedom of religious belief, a person's right to adopt and change their religion without coercion or discrimination, and to manifest their religion or belief in teaching, practice, worship, and observance.

However, these principles have not been fully implemented, at least to the satisfaction of many non-Orthodox Jews and secularists. There is no wall of separation between church and state in Israel as there is in the U.S., and to a limited degree in Canada. The Orthodox branch of Judaism is the only recognized form of Judaism in the country. They hold considerable power, while more liberal Jewish traditions (Reform and Conservative) are relatively powerless.

Points of conflicts extend to many areas of life, "including:

Various recent polls have indicated that:

The lack of religious equality for Conservative and Reform Jews in Israel should be considered in context. Many surrounding Arab nations have infinitely more repressive laws concerning religious conversion:

Limiting Religious Expression:

Moshe Gafni of the religious Torah Judaism Party and Nissim Zvili of the Labour Party, both members of the 14th Knesset (Israel's parliament), proposed a bill which would severely limit religious expression. If passed, it would have criminalized the possession, printing, copying, distribution, sharing of, and import of advertisements to induce religious conversion."

During the discussion, some members of the Knesset allegedly stated that they plan to introduce bills in the future which would outlaw all Messianic organizations and proselytizing. Messianic groups are composed of Jews who retain their Jewish faith and practice, while recognizing Yeshua (Jesus Christ) as the Messiah.

It appears that the bill did not become law.

Conversions to Judaism:

There are three main movements within Judaism: Orthodox, Conservative and Reform. For years, the state of Israel recognized that only conversions to Orthodox Judaism made a non-Jewish person into a Jew. So, only a person who had converted to Judaism via the Orthodox movement would be automatically granted the right to emigrate to Israel under their Law of Return, and be registered in the state's population registry as a Jew. On 1998-DEC-30, a Jerusalem District Court Judge ruled that non-Orthodox converts must be registered by the government as Jews, regardless of where the conversion took place. However, the ruling did not address whether non-Orthodox Jews could make a claim under the Law of Return.

Shocked by the courts recognizing religious diversity, the ultra-Orthodox political parties fought back. They proposed a bill in early 1997 which would invalidate all conversions to Judaism performed in Israel, unless they were performed by an Orthodox Rabbi. Conservative and Reform Jews outside of Israel reacted with anger. A compromise bill was then written. It allowed non-Orthodox conversions to be recognized and recorded by the government. However, the Interior Ministry would record that the individual was not born Jewish and that a Reform or Conservative rabbi had performed the conversion. This would allow Israel's chief rabbinate to continue to discriminate against those who were not converted by Orthodox rabbis. The bill was never passed into law. The initiative for ending discrimination against non-Orthodox Jews once more passed to the courts. ₂

On 2002-FEB-20, the Israeli Supreme Court ruled that the Ministry of Interior should register, as Jews, 24 plaintiffs in the Population Registry. They had converted to Judaism within the Reform and Conservative movements, some in Israel, others abroad. "This ruling ends a 7-year struggle for Israelis, children and adults, who do not wish to commit themselves and their families to the Orthodox way of life, as demanded by the Israeli Orthodox conversion religious courts." ₃

Attacks on Christian Sites:

On 1997-OCT-21, the Phalei Rachamim Messianic synagogue in Haifa was attacked for the second time. Damage totaled about US $50,000. ₄ Messianic congregations follow many Jewish traditions. This congregation, for example, has a Sefer Torah (Old Testament scroll) and a Torah ark. However, they also recognize Jesus as the Messiah. They have many beliefs in common with conservative Christians, and actively recruit members.

Some news sources have reported that a source of opposition to this Messianic group has been the Yad L'Achim (A Hand to Brothers), a Jewish group which opposes missionary activities among Jews.

According to Baruch Maoz, chairperson of the Messianic Action Committee, attacks on Messianic Jews and their buildings have increased since an anti-missionary bill was introduced in the Israeli Knesset. ₁₀

Torture of Palestinian prisoners:

The State of Israel argued on 1998-MAY-18 before its Supreme Court that a security agency's use of "unorthodox" interrogation methods against Palestinian militants were a successful and needed tool in the State's fight against terrorism. Two Palestinians had claimed to have been tortured while in custody. They launched the original case against the state. On the same day, UN experts in Geneva ruled that Israel should cease violating the global agreement against torture of prisoners. ₅ Although most dictatorships and some democracies in the world -- notably China -- engage in the torture of prisoners, Israel appears to be the only country that openly admits to the practice.

We do not wish to imply that the torturing of prisoners is directly related in any way to the religion of the captives. There are many factors which fuel  the conflicts among the various groups in the area: the Israeli government, small Jewish religious parties, various religious and secular groups, Jewish settlers, the PLO, Hamas, and various Muslim terrorist organizations. Religious belief, specifically the belief in God's intention for the occupied territories and the land of Israel, plays a major role in these conflicts.

Bill introduced to guarantee freedom of religion:

On 2000-DEC-13, MK (Member of the Knesset) Naomi Chazan introduced a new bill, the "Basic Law on Freedom of Religion and Conscience," to the Knesset (the Jewish parliament). It was approved by a vote of 37 to 34. Opposition came from the Ultra-Orthodox, Likud and One Nation parties.

The bill would make major steps towards the separation of church and state and the recognition of multiple Jewish movements in the country as equals. The preamble to the bill cites two goals:

1. Separating religion from the state in order to solidify Israel's basic values as a democratic country.
2. Granting equal rights to the various streams of Israeli Judaism in order to ensure the pluralistic Jewish character of the state.

The bill itself states, in part: "The freedom of religion, belief and conscience of every person is guaranteed. No person can be forced to belong to a religion, a religious community or a religious [group] of any kind. Freedom of religious practice and the preservation of individual or public religious beliefs are protected." ₆

The Knesset Constitution, Law and Justice Committee considered the bill on 2001-JUN-12. ₇ The bill died in committee. There was no vote taken, as there was a majority on the committee of orthodox, ultra-orthodox and Likud legislators who would have voted it down.

Another attempt is being made to prepare a similar bill in 2004.

Choice in circumcision:

Brit milah (ritual circumcision of male Jewish newborns) is a central act of Jewish life. Circumcision information publicized in Israeli hospital maternity wards had traditionally been limited to those mohelim (rabbis skilled in circumcision) who had been authorized by the Orthodox Rabbinate. Rabbis who were non-orthodox and secular doctors were prohibited from advertising their services. The Israel Religious Action Center (IRAC) reported that " 'Milah Tovah,' an organization of licensed medical doctors who perform circumcisions, contacted IRAC because they had been denied the right to post notices of their services in hospital maternity wards. The hospitals refused to post any lists of mohelim other than those 'officially' published by the Health Ministry. The 'official' list includes only those mohelim who are certified by the government mohelim certification committee, which is appointed jointly by the Health Ministry, the Ministry of Religious Affairs and the Chief Rabbinate." The Supreme Court ruled in 2001-JUL that this situation "constitutes injury to the principle of equality, which is the central pillar of our political system." They ordered that non-orthodox rabbis and secular doctors must have equal access to publicize their services. ₈

Restricted freedom to marry:

Israel is a signatory to the International Covenant on Civil and Political Rights. Article 23 of the Covenant that declares that men and women have the right to marry and to found a family, and are entitled to equal rights as to marriage, during marriage and at its dissolution. However, Israel does not appear to have met its obligations under the Covenant. It is believed to be the only democratic nation in the world that does not allow its citizens access to a non-religious, civil marriage unless they leave the country.

"Since 1953, only Orthodox Jewish marriages, and civil marriages performed outside Israel, have been legally recognized by the Israeli state. While interfaith and other religious marriages are not prohibited, they are also not legally recognized by the state."

Currently, only Orthodox rabbis are allowed to marry persons in Israel. People of different religions cannot be officially married. Secularists must leave the country in order to marry and have their weddings recognized by the state as legal. ₇

According to author Suraya Dadoo: "The rules on marriage are enforced by Israel's small, but influential, Orthodox community. Drawing on Old Testament statutes, these rabbis argue that God recognizes only Jewish marriages conducted according to Orthodox tradition. With secular and liberal Jews now constituting the majority of the Israeli population, the situation has become increasingly problematic, as many reject Orthodox traditions, mainly because they believe it discriminates against women.
According to halakhic law (Jewish law), a marriage can conventionally be terminated in two ways: the death of a spouse, or the issuing of a get (divorce). A husband can, in principle, refuse to give a get indefinitely, and the woman cannot remarry or have children. In addition, childless widows must obtain a ritual release from their deceased husband's brother (levirate marriage) in order to re-marry. According to IRAC, those wanting a non-Orthodox religious ceremony simply have no choice in Israel." ₁₂

Further, the Israeli Knesset passed a marriage law in 2003-JUL which prevents Palestinians who marry Israelis from becoming Israeli citizens or residents. Citizens of other countries are allowed to do this.  This law was passed as a response to the growing number of marriages of convenience, typically between a Palestinian man and an Israeli Arab woman. This entitles the husband to move into Israel-proper under the family-unification allowance, and receive a blue Israeli identity card. Some have become security risks.

Schooling of Palestinian Arab citizens:

Almost 25% of school children in Israel are Palestinian Arab citizens. By almost all criteria, their education is inferior to that given to Jewish children. The public school system is similar to that found in the first half of the 20th century in some of the southern states of the U.S.  Children in Israel are separated by religion and culture. Schools for Muslim children "are more crowded with fewer teachers per child, and in worse physical condition. Some schools lack libraries, counselors, and recreation facilities. Palestinian Arab school children get fewer enrichment and remedial programs, and special education services, than Jewish children receive. Many communities have no kindergartens for three- and four-year-olds." ₉

Related essay on this web site:

References:

1. "Religion and State in Israel: Background article," Israel Religious Action Center, at: http://www.irac.org/article_e.asp?artid=14
2. "Israel: Religion and the Secular State," ADL, 1999-JAN-27, at: http://www.adl.org/Israel/JerusalemJournal/
3. Michal Sela, "Reform and Conservative Converts Recognized to be Registered as Jews," 2002-FEB-22, at: http://www.irac.org/article_e.asp?artid=505
4. "Messianic Synagogue Firebombed in Israel," Christians in Crisis magazine, 1997-NOV/DEC.
5. "Israel Defends Use of Torture," Associated Press 1998-MAY-19.
6. Gideon Alon, "Freedom of Religion Bill takes first step," Israel Religious Action Center, 2000-DEC-14, at: http://www.irac.org/article_e.asp?artid=380
7. Gideon Alon, "Knesset to Debate bill on Freedom of Religion," Israel Religious Action Center, 2001-JUN-11, at: http://www.irac.org/article_e.asp?artid=428
8. Yael Meyer, "Supreme Court strikes another blow for equality in Israel," Israel Religious Action Center, 2001-JUL-9, at: http://www.irac.org/article_e.asp?artid=453
9. "Second Class: Discrimination Against Palestinian Arab Children in Israel's Schools" Human Rights Watch, at: http://www.hrw.org/reports/2001/israel2/
10. The Israel Messianic Action Committee has published "An Urgent Call for Prayer and Solidarity". See: http://www.teshuvah.com/publications/teshuvah/articles/
11. Gideon Alon, "Knesset to debate bill on freedom of religion," Israel Religious Action Center, 2001-JUN-11. http://www.irac.org/
12. Suraya Dadoo, "Love And Marriage In Israel," 2003-NOV-12, at: http://www.countercurrents.org/

Newsroom report copyright © 2000 by Worldwide Newsroom, Inc. Used by permission.
Other text copyright © 2000 to 2006 by Ontario Consultants on Religious Tolerance 
Originally written: 2000-OCT-12
Latest update: 2005-JUN-19
Author: B.A. Robinson