Supreme Court Rules on Ultra-Orthodox Military Exemption in Israel

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The Israeli Supreme Court issued a unanimous ruling on Tuesday ending the military exemption for ultra-Orthodox Jewish youths, a highly contentious move that has divided Israeli society for decades, particularly in the wake of the Gaza conflict. The court stated that there is no legal basis to exempt Haredi men from conscription and added that those who do not serve in the military should not receive public funding for education and social assistance. It remains unclear whether this decision will lead to immediate recruitment orders for the roughly 67,000 eligible Haredi men or if the process will unfold gradually.

The two ultra-Orthodox parties in the governing coalition, Shas and United Torah Judaism, oppose the draft of Torah study students and have threatened to quit the current coalition led by Benjamin Netanyahu if the measure is implemented, a move that could threaten the government’s survival since these parties provide 18 crucial seats. “There has never been a Supreme Court ruling in favor of yeshiva students and the ultra-Orthodox public interests. Not a single judge there understands the value of Torah study and its contribution to the people of Israel”, said one leader of United Torah Judaism, Rabbi and Member of Parliament Moshe Gafni. The exemption from military service for ultra-Orthodox Jews is not a law but an executive provision renewed periodically, dating back to the founding of the State of Israel, though several court rulings have indicated it violates the equality principle enshrined in Israel’s Basic Law.

The Supreme Court began hearing arguments in early June on the issue of exemptions for ultra-Orthodox Jews who, since the state’s formation, can avoid mandatory service by studying full time in a Talmudic school known as a yeshiva. This issue has sharply divided Israeli society and even split the government. In early April, a temporary rule allowing the exemption expired, and many civil groups have called for ending the privileges enjoyed by the ultra-Orthodox, who represent about 13 percent of the population. The executive branch has been represented by a private attorney, as the attorney general, Gali Baharav-Miara, has opposed the exemption and argued that the government acted without authority in trying to prevent recruitment.

Following a massive mobilization of about 300,000 reservists for the Gaza war, now in its ninth month, and deployments with battalions on the northern border near Lebanon and in the occupied territories of the West Bank, many Israelis are calling on Netanyahu to ensure that all young people in Israel fulfill their military duty. The government, however, depends on the support of two ultra-Orthodox parties; while members of the conservative Likud and right-wing factions within the coalition, including Religious Zionism and Otzma Yehudit, favor an end to the exemption. “There is a real national need to extend the service time for regular army troops and to extend the period of service for reservists. We must reach new agreements and make decisions we have not made in 75 years”, said Defense Minister Yoav Galant of Likud.

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