JERUSALEM — The Supreme Court unanimously ordered the government to begin recruiting ultra-Orthodox Jewish men into the military, a landmark ruling that seeks to end a system that has allowed them to avoid enlistment in the draft.
Approximately 1.3 million ultra-Orthodox Jews represent about 13% of the population. From Israel population and oppose enlistment because they believe that studying full-time in religious seminaries is their most important duty.
The enlistment exemption for the ultra-Orthodox dates back to Israel’s founding in 1948, when a small number of talented scholars were exempt from the draft. But with the push of politically powerful religious parties, those numbers have increased over the decades. The court said the exemptions were illegal in 2017, but the government’s repeated extensions and delaying tactics have prevented a replacement law from being passed.
Two parties belonging to the haredim, or “God-fearing” in Hebrew, are essential parts of Prime Minister Benjamin Netanyahu fragile coalition, but broad exemptions from conscription have reopened a deep division in the country and angered much of the general public during the war in Loop. More than 600 soldiers have died since then. Hamas October 7 attack. Many reserve soldiers are beginning their second tour of duty.
Netanyahu’s coalition has a slim majority of 64 seats in the 120-member parliament, often forcing him to capitulate to the demands of smaller parties such as the ultra-Orthodox.
If those parties leave the government, the country would likely be forced to hold new elections this fall. Netanyahu popularity is low as the war in Gaza enters its ninth month.
Housing Minister Yitzhak Goldknopf heads one of the ultra-Orthodox parties in Netanyahu’s coalition. In a post on X, Goldknopf called the Supreme Court ruling “very unfortunate and disappointing,” but did not say whether his party would leave the government. The president of the ultra-Orthodox Shas party, Aryeh Deri, denounced the ruling and said that religious study was “our secret weapon against all enemies.”
The court this year temporarily froze state subsidies for seminaries where exempt ultra-Orthodox men study. Along with the enlistment decision, the court also ruled Tuesday that that money should be permanently suspended.
Many religious seminaries rely on government funding and “the general assumption is that the government will not survive this crisis,” said Barak Medina, a law professor at the Hebrew University of Jerusalem and an expert on constitutional law.
Military service is mandatory for most Jewish men and women, who serve three and two years, respectively, on active duty, as well as reserve duty until approximately age 40.
Israel’s Supreme Court ruled that conscription applies to ultra-Orthodox people like any other Israeli. The judges said allowing a particular community to “radically avoid” service amounted to discrimination.
“Discrimination regarding the most precious good of all, life itself, is the worst,” the justices wrote in their opinion.
In 2017, the Supreme Court struck down a law that codified project exemptions. Repeated extensions of the law and government tactics to delay a replacement law have gone on for years.
Israel’s judiciary plays an important role in controlling the executive branch of the government. Netanyahu tried to reform the judiciary last year, sparking massive protests across the country before an important part of the review was shot down.
It will be a challenge for the army to integrate a greater number of ultra-Orthodox people deeply opposed to the service into its ranks.
Among Israel’s Jewish majority, conscription is largely considered a melting pot and a rite of passage. The ultra-Orthodox say that joining the military will threaten their lifestyle of previous generations, and that their devout lifestyle and dedication to upholding Jewish commandments protect Israel as much as a strong army does.
The courts did not set enlistment figures in their ruling, but Israel’s attorney general’s office suggested that at least 3,000 ultra-Orthodox soldiers enlist next year. The court said in its ruling that some 63,000 ultra-Orthodox students are eligible to enlist.
For decades, the military has attempted to accommodate ultra-Orthodox soldiers by creating separate units that allow them to maintain religious practices, including minimizing interaction with women. One of the units created for this purpose, Netzah Yehudah, faced Possible US sanctions for its treatment of the Palestinians.although the US finally decided not to impose sanctions.
The ruling will have little immediate effect on the war in Gaza, where more than 37,600 Palestinians have died, according to the territory’s report. Ministry of Health, which does not distinguish between combatants and civilians in its count. The number of ultra-Orthodox who could enlist because of the ruling is too small to have a significant impact on daily fighting.
Medina, the law professor, said that if the ruling topples the government, it could give Netanyahu more room to maneuver to reach a ceasefire deal that could end the war in Gaza.
“Currently, one of the main reasons why he is being prevented from reaching an agreement to end the war is because it will mean the end of his coalition,” Medina said.
If the ultra-Orthodox parties leave the coalition, Netanyahu “has nothing to lose,” he said. And that could lead to a change in policy without pressure from far-right ministers who oppose any kind of ceasefire. Netanyahu will also be under a lot of pressure to end the fighting if early elections are called, to avoid going to the election without the hostages and while the war is still going on, Medina said.
This story originally appeared on ABCNews.go.com read the full story
