Greek Tragedy: Gideon Sapir on Why He Is Now Critical of the Israeli Supreme Court’s Decisions on Religious Exemption from Military Service

In Rubinstein v. The Minister of Defense (1998) and several subsequent cases, the Israeli Supreme Court invalidated executive branch administrative acts and Knesset laws granting exemptions from military service for ultra-Orthodox Jewish Yeshiva students. In its reasoning, the Supreme Court mainly referred to separation-of-power and equality issues. While he initially supported some of these decisions, Gideon Sapir (Bar-Ilan University) eventually changed his opinion for several reasons explained in this video.

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Context Matters: Michel Rosenfeld on Rethinking His Initial Support of the ECtHR Judgement in Leyla Şahin v. Turkey

In Leyla Şahin v. Turkey (2004), the European Court of Human Rights sided with the Turkish government in prohibiting a medical student to wear the hijab on public university property. Michel Rosenfeld (Benjamine N. Cardozo School of Law) explains why he changed his opinion regarding the Court’s Leyla Şahin judgment and why he believes that, had it been decided in 2026, the case would have required a different approach.

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Correct Bits that Do Not Fit: Elizabeth A. Clark on the ECtHR Grand Chamber’s Unsettling Judgement in Lautsi v. Italy

In Lautsi v. Italy (2011), the European Court of Human Rights considered whether a crucifix displayed in an Italian public-school classroom violated a non-Catholic student’s right to religious freedom. While a chamber of the Court decided in favor of the student, the Grand Chamber later sided with the Italian government and found the crucifix to be a passive symbol that did not infringe the student’s and his parents’ rights. Elizabeth A. Clark explains how her experience as a member of a religious minority group complicates her views of the Grand Chamber’s Lautsi judgment.

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