Thursday, February 23, 2012

Israeli Court Invalidates a Military Exemption


The Israeli Supreme Court has invalidated a law that exempted from military service ultra-Orthodox Jews engaged in religious studies, adding a new urgency to the government’s negotiations with religious parties over a more equitable distribution of the burdens of citizenship. 

The 6-to-3 decision, handed down late Tuesday, declared the so-called Tal Law unconstitutional at a time of growing tension in Israel over the place of the ultra-Orthodox. The law, in effect since 2002, granted exemptions to tens of thousands of religious academy students. It was widely viewed as a failure, and Prime Minister Benjamin Netanyahu had already said it would not be renewed when it expired this summer.  

Still, the ruling will now force the government’s hand to come up with a new way forward, one that will be strongly resisted by religious party coalition members. 

Departing Chief Justice Dorit Beinisch, writing for the court majority, said the law had failed to live up to its aim of increasing the number of ultra-Orthodox in the army. Using data presented by the army, the decision noted that last year fewer than 1,300 ultra-Orthodox youths enlisted out of a pool of 8,500, a rate of 15 percent. Among the rest of the Jewish population, the enlistment rate is 75 percent.

5 comments :

  1. I would almost tend to agree with the court if not for the massive, oversized, swarthy elephant in the room- you guessed it- Israeli Arabs. Does anyone happen to happen to have any info on whether the court has ever adressed their carte blache exemption from miltary diuty or sheirut leumi?

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  2. Shaul - of course not. And their fat welfare checks and massive subsidies are never challenged but the miniscule kollel stipends are called a burden on society - the whole thing borders on antisemitism. And I am not charedi. But come on. People have no right to complain about haredim while they finance an enemy population of arabs and say nothing about it.

    On the Tal law, the way some people are reacting to this, I was given the impression this law goes back to 1948 (or maybe from Sinai). Meanwhile its only been around since 2002? Last I checked haredi society survived just fine before 2002, and it will probably continue on its merry way regardless of whatever new arrangements are made but I'm sure I will hear all the hyperbole about how 'de zionists' are trying to wipe out torah learning.

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  3. student V- I just can't understand this. Isn't this even discussed? Why doesn't one of our lawyers just throw it at the Bagatz justices? I'm certainly no Medinah basher, but this is insane.

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  4. "On the Tal law, the way some people are reacting to this, I was given the impression this law goes back to 1948 (or maybe from Sinai). Meanwhile its only been around since 2002?"

    I have to disagree with you there. The Tal law was only implemented when the court refused to let the Charedim keep their exemptions unless it was anchored into law.

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  5. Shaul - Oh, my mistake.

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