The Impact of Israeli Judicial Reform on Freedom of/from Religion

Moshe Jaffe is a constitutional law adjunct professor at the Academic Center of Law and Science in Israel and an adjunct professor at Cardozo School of Law.

Introduction

Judicial reform proposed in 2023 and promoted by the Israeli government has led to turmoil in society. While some support the reform and others oppose it, the offer of this reform has led to extensive public discourse.

One concern of reform opponents is that the reform will turn Israel into a Halakhic (Jewish-law-based) state. This post challenges this concern and argues that the proposed judicial reform, independent of whether or not it passes, will not have a real effect on the relationship between religion and the state in Israel.

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The Radical Regime Transformation in Israel Marks the Start of an Intra-Jewish Religious War

Gila Stopler is Dean of the Law School and an associate professor of law at the College of Law & Business in Ramat Gan (Israel).

Introduction

Simcha Rothman, member of the Israeli Parliament (the Knesset) and chairman of the Constitution, Law and Justice Committee, is working with Justice Minister Yariv Levin to change the Israeli regime by taking over the judiciary and removing checks on the executive branch and its leader. Rothman was quoted in closed conversations in April 2023 saying that Israel is at the start of a religious war and that he has no intention of withdrawing from passing the reform. Rothman’s statement reveals the deep divide in the Jewish-Israeli public regarding the status of religion in the country and religion’s centrality in the current national crisis as well as in the question of the nation’s continued shared existence. The intensity of the intra-Jewish religious rift and its effect on the state are surprising when considering the starting point, in the days of the establishment of the state, when the religious minority in the largely secular Jewish population was small and its political power so scant that Prime Minister David Ben-Gurion believed it would become extinct within a few years. [1]

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Response to the UN’s “Call for Input to a Thematic Report: Freedom of Religion or Belief (FoRB) and Sexual Orientation and Gender Identity (SOGI)”

The following is a response to a United Nations’ “Call for Input to a Thematic Report: Freedom of Religion or Belief (FoRB) and Sexual Orientation and Gender Identity (SOGI).” Victor Madrigal-Borloz, UN Independent Expert on protection against violence and discrimination based on SOGI, issued the call to inform his June 2023 report to the UN Human Rights Council on the right to FoRB in relation to SOGI. 

Principal author of this response is W. Cole Durham, Jr., founding director of the International Center for Law and Religion Studies (ICLRS). Contributors include Alexander Dushku, shareholder at Kirton McConkie; Scott E. Isaacson, shareholder at Kirton McConkie and ICLRS senior fellow; Denise Posse Lindberg, Utah senior district judge (Third District Court, inactive) and ICLRS senior fellow; and David H. Moore, former UN Human Rights Committee member and current associate director of the ICLRS and Sterling and Eleanor Colton Endowed Chair for Law and Religion at Brigham Young University’s J. Reuben Clark Law School. This Response reflects the personal views of the author and contributors and not necessarily those of their employers or sponsoring institutions.

Tensions regarding competing claims for freedom of religion or belief (FoRB) and sexual orientation and gender identity (SOGI) rights have been central to “culture wars” for many years. Addressing this tension in the context of a thematic report for the United Nations calls for particular wisdom and balance. A holistic approach sensitive to the countervailing considerations is particularly vital in this area. In many parts of the world, resentment of LGBT+ agendas takes the form of general disenchantment with the international human rights movement. On the other hand, FoRB claims in certain quarters are read as masks for bigotry. Such polarized and polarizing positions are both excessive and surely mark a failure of discourse and a deeper failure to apprehend the reciprocal claims to human dignity involved.

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