Israel top court scraps pious Jews´ draft exemption (REUTERS) By Dan Williams JERSALEM, ISRAEL 02/22/12 1:03am EST)
Source: http://www.reuters.com/article/2012/02/22/us-israel-military-religious-idUSTRE81L0AB20120222
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(Reuters) - Israel´s top court struck down on Tuesday a law designed
to encourage ultra-Orthodox Jews to join the military and the
workforce, saying it had backfired by "entrenching" their blanket
draft exemptions and protracted seminary studies.
The ruling was welcomed by Israel´s secular majority but could set
off rifts in Prime Minister Benjamin Netanyahu´s conservative
coalition government, which includes powerful religious Jewish
parties.
The 2002 "Service Deferral Law" offered the ultra-Orthodox, who make
up 10 percent of the population and are often welfare dependant, a
choice, upon reaching draft-age, between studying in seminaries or
working. The latter option entailed first enlisting in the military,
with the possibility of serving in technology units where soldiers
can learn a trade.
But by a vote of 6-to-3, the Supreme Court declared that the law,
which was subject to review, was unconstitutional and ordered it not
be renewed after it Expires in August.
"As time passed it became clear that the law had not realized the
objectives that lie at its foundations, and that it in fact
entrenched, for the most part, the arrangement of service deferral
that had existed prior to its enactment," the court said in a summary
of the ruling, citing the low military enlistment of ultra-Orthodox
candidates.
"The law was enacted with a hope that it would ignite a societal
process which would lead to a situation in which, even without
imposing any duty, ultra-Orthodox people would wish to serve, or to
perform civil service. However, the hope that accompanied the law was
dashed."
The black-coated, ascetic ultra-Orthodox were a fringe sector when
Israel´s founding prime minister, David Ben-Gurion, exempted them
from the armed forces, which championed the mixing of men and women
and whose commanders were mostly secular.
GOD, GUNS, GENDER
But the growing cultural and electoral clout of the ultra-Orthodox,
many of whom question the authority of the Jewish state, has spread
calls among other Israelis for a fairer distribution of national
burdens.
Conscription is a core issue, given Israel´s constant war footing in
a combustible Middle East and the military´s traditional role as
melting pot for socially disparate Jews.
Sectarian tensions have been stoked by the occasionally aggressive
gender segregation practiced by ultra-Orthodox in public places. Some
pious mores have taken root within the armed forces, such as ultra-
Orthodox soldiers requesting, in the name of sexual propriety, to
stay away from compulsory events where women singers perform.
Netanyahu said after the ruling that the Service Deferral Law --
which is also known as the "Tal Law" -- could not continue in its
current form and that the government would prepare a new law
to "bring a more just change to the burden on all sectors of Israeli
society."
Defense Minister Ehud Barak and Foreign Minister Avigdor Lieberman
proposed providing perks for Israelis who enroll in national service,
whether as conscripts or -- in the case of the ultra-0rthodox or
Arabs, who are also exempt -- as volunteers.
But there were protests among religious coalition partners.
"I dispute that the Supreme Court has authority to decide what is and
is not constitutional," Israel Eichler, a lawmaker with the United
Torah Judaism party, said in a radio interview. "They are people who
were not elected by the public but were political appointees."
Shas, another party run by rabbis in the coalition, said in a
statement that its leader, Deputy Prime Minister Eli Yishai, was to
confer with Netanyahu about the ruling.
Political sources said that the religious ministers were planning to
lobby the Supreme Court to back a new arrangement that would
replicate, at least in part, the expiring law. (Writing by Dan
Williams) (© Thomson Reuters 2012. 02/22/12)
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