Israel’s Supreme Court has ruled that the military must begin drafting ultra-Orthodox men for military service.
In a unanimous decision, nine judges held that there was no legal basis for the longstanding military exemption given to many ultra-Orthodox religious students.
The court ruling states that, without a law distinguishing Jewish seminary students from other draftees, ultra-Orthodox citizens are subject to compulsory military service.
The court also ordered the government to withdraw funding from any religious schools, or yeshivas, whose students do not comply with draft notices.
“The government wanted to distinguish at the level of law enforcement between individuals based on their group affiliation,” the court said in its ruling.
It added, “It was determined that by doing so, the government seriously harmed the rule of law and the principle according to which all individuals are equal before the law.”
This marks a major break from longstanding arrangements, under which ultra-Orthodox men have been exempt from military service.
The exemptions, a source of growing public frustration during the Gaza war, have repeatedly been ruled unjust by the courts, but Israeli leaders, under pressure from ultra-Orthodox parties, have repeatedly kept the arrangement in place.
The independent Movement for Quality Government in Israel, which filed the petition leading to the case, urged the government to immediately begin the draft process.
“We call on the government and the defense minister to implement the decision without delay, to comply with the High Court’s order, and to work immediately to draft [ultra-Orthodox] yeshiva students,” it said in a statement.
Eliad Shraga, Chair of the Movement for Quality Government in Israel said in a statement that the Supreme Court ruling puts an end to “76 years of unlawful inequality and discrimination.”
“We will no longer agree to the absurd situation where there are those who give to the state, contribute and even risk their lives, and there are those who do nothing.”
Eliad Shraga
Israeli Energy Minister, Eli Cohen said of the the Supreme Court’s ruling, “There is now a historic opportunity to increase equality in the burden and to recruit thousands of young men from the ultra-Orthodox (Haredim) sector.”
He said on X that recruiting the Haredim is “an essential move” for Israel’s security.
However, the Supreme Court ruling threatens Netanyahu’s government, which depends on support from two ultra-Orthodox parties; United Torah Judaism and Shas, who oppose increasing enlistment for their constituents.
Gilad Malach, Director of the Ultra-Orthodox in Israel program at the Israel Democracy Institute, said after the ruling, “We are in a very, very problematic political situation for the (governing) coalition – for the Haredim, and for Netanyahu.”
Ultra-Orthodox Party Reacts To Supreme Court Ruling
Lawmakers with the ultra-Orthodox United Torah Judaism (UTJ) party criticised the Israeli Supreme Court’s ruling that ultra-Orthodox men, who often dedicate themselves to full-time Torah studies, must be drafted into the military.
UTJ chairman, Yitzhak Goldknopf called the ruling “expected and very unfortunate” in a post on X.
Moshe Gafni, another party lawmaker, wrote on X, “There is not a single judge there who understands the value of studying the Torah and [yeshiva students’] contribution to the people of Israel in all generations.”
Aryeh Deri, leader of the Shas party, also decried the ruling.
“Even here, in the Jewish state, alongside our precious fighters who sacrifice their lives against the enemies, we will continue to guard those who learn the Torah, which preserves our special power and creates miracles in battle,” Deri was quoted as saying.
He added, “Whoever tried to disconnect the people of Israel from the Torah in the past failed miserably.”
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