By Ted Belman
The Times of Israel published an excellent article discussing the decision. The NYT also weighed in.
Aryeh Deri, who heads the ultra-Orthodox Shas party, said this decision constitutes “a mortal blow to the Jewish character of the state” and the “complete demolition of the status quo [on religious affairs in Israel] that has been upheld for over 70 years.”. This decision will reverberate in the current elections. Both UTJ and Shas have vowed not to serve in a coalition that doesn’t commit to reversing this decision.
This ruling only applies to conversions in Israel. A previous court decision forced the state to recognize non-Orthodox conversions abroad for purposes of immigration, but not those performed in the country.
Emigrate to Israel through the Law of Return, makes you an Israeli citizen but not a Jew.
What say you?
@ Reader:
Correction: “goyim” NOT “to goyim”
@ Adam Dalgliesh:
How can you say that!
Then there would be no jobs in Israel for the West Bank “Palestinians”, the Israeli Arab (5-th column) citizens, and the foreign workers from Thailand!
And most of these people who claim they are Jews wouldn’t be able to prove that they are Jewish because most of them wouldn’t be born of a practicing Orthodox Jewish mother.
BTW, if the Rabbinate determines that you are not Jewish, even after a few years in Israel, all your relatives will also be declared to goyim.
UNBELIEVABLE!! The unelected oligarchy impersonating a Supreme Court rules itself a greater piece of the power pie over its lowly elected subjects. How far will such usurpation dresed as judicial impudence and over-reach be allowed to stretch. It calls to mind that line from Alice in Wonderland – “All ways here are my ways”. A constitution needs to be completed immediately before they cede themselves control of everything on the grounds that they judge it only just.
Supreme Court issues landmark ruling limiting Basic Law amendments
Right-wing lawmakers excoriate Supreme Court after it sets limits to Knesset’s ability to amend Basic Law, threatens to nix future laws.
David Rosenberg , May 23 , 2021 6:19 PM
The Israeli Supreme Court rules Sunday that the Knesset acted inappropriately last year in amending a Basic Law to resolve a coalition crisis.
In its landmark ruling, the Court declined to nullify the amendment, but warned the Knesset that if similar amendments are passed in the future, the Court reserves the right to overturn them.
The decision marks a significant departure from the Court’s previous handling of Israel’s proto-constitutional Basic Laws, which the Knesset – Israel’s de jure constitutional committee – has been able to amend since Israel’s establishment in 1948.
In its ruling, the Court blasted the Knesset for the way in which it passed an amendment to the Basic Law last August, enabling the government to delaying passing a full spending plan while increasing spending by 11 billion shekels without submitting a full state budget, thereby circumventing a coalition crisis.
The Court voted 6 to 3 to rule that the Court is empowered to nullify not only standard laws passed by the Knesset, but even amendments to the Basic Law if the Court finds they lack the character of a proper Basic Law. In this case, the Court argued that the amendment failed to properly address legal issues created by the change to the rules on the state budget.
While the Court did not reverse the amendment, it warned that it could overturn future amendments.
Right-wing lawmakers blasted the ruling, calling it a power grab by the court.
“The Supreme Court’s ruling to issue a warning about nullifying Basic Laws is completely lacking any authority and is disturbing,” said Knesset Speaker Yariv Levin (Likud).
“We are witnessing an absolutely insane event when a tiny group of six people take advantage of their position in the court to carry out a coup d’état. This decision has no validity, since it is opposed to the most basic values regarding the sovereignty of the people, the separation of powers, and the rule of law.”
https://www.israelnationalnews.com/News/News.aspx/306694
Nfesh bNfesh has for 18 YEARS helped 65,000+ OLIM from North America make aliyah to Israel. Their site is a good starting point for a Jew who wants to immigrant to Israel. https://www.nbn.org.il/
An example of the perennial myth that all Americans are rich.
Golda Meir came to Palestine in 1921.
This is an excerpt from her memoirs:
@ Bear Klein:
What a wonderful piece of propaganda!
Shows you’ve never been through what you are talking about (other than a quick aliyah process).
@ Adam Dalgliesh:
Israel takes in poor immigrants from all over the world (Ethiopia and Ukraine are some of the latest countries were poor immigrants are assisted).
You are correct the Israeli bureaucracy is a complete pain. When one is truly motivated to make they just comply with what they can to meet the requirements. When one isn’t really sure they want to the challenging journey of aliyah they can find lots of reasons (or excuses) why it is just does not work for them.
Nfesh bNfesh does make it easier.
If you are making aliyah just Cowboy Up!
@ Adam Dalgliesh:
Thank you for your response. This has been my impression of what Israel’s idea of aliyah really is (and has been since the 50s – at least).
They want the healthy, wealthy, fit, and young, or the wealthy retirees.
I hate to say this but the stuff they are asking of you seems to be simply designed to wear you down until you abandon the idea of aliyah.
Do you have any retirement income which could permit you to live in a cheaper area of Israel?
The center of the country is very expensive and is not affordable to most retirees.
Look into the North (Golan) and whatever else they call there “the periphery”, and tell them that your expenses are very low and you do not intend to work and want to live in Israel on your retirement income (do some research first) where you can afford it.
Just tell them that you do not expect to be taken care of (other than the usual health insurance, etc.) and see what happens.
@ Reader: I AGREE 100% READER.
@ Reader: I agree. However, demanding absurdly difficult to obtain records proving one’s Jewishness is only one of the ordeals that the bureaucrats at the Jewish Agency inflicts on prospective olim. They plague the candidates for aliya with all sorts of outrgeous demands for unnecessary information. I have applied to become an olim, but I a m appalled by the huge amount of information they demand–all of my academic records, recommendations from from my former professors, a complete list of past employments, the names of my past job supervisors and recommendations from them, official certification documents to prove that you are licenced fotr some profession, a health form submitted by a physician proving you are in good health, complete financial and income statements, and applications for one or another of Israel’s health insurance programs. And all this even though I am of post-retirement age and not even eligible for many jobs in Israel! It is obvious that they are trying to weed out all but what they consider the most useful “human material” for Israel’s economy. They want only immigrants who have substantial incomes and savings, are young and healthy, have advanced degrees, are certified to practice a profession that Israel needs, have substantial work experience, and have excellent references from employers past and present and former teachers. And, of course, proof beyond reasonable doubt that they are Jews. However, there are very few Jews in the u.S. or elsewhere that can meet all or even most of these requirements, and who want to live in Israel. The small number of elite Jews who meet all these criteria for a desireable immigrant are nearly always comfortably off in America or another diaspora country and have no desire to live in Israel.
If Israel was willing to encourage and recruit poor and/or elderly Jews, those whose careers have not been so successful, those who have criminal records but have been rehabilitated, those who work with their hands and have working -class jobs (example limo drivers, firemen, construction workers, etc., Israel could easily recruit 100,000 Jews from the U.S. every year, or 1,000,000 in ten years. The 20 percent or so of American Jews who had not been especially successful in their lives, but are eager for a fresh start and lovers of Zion. But that is not what the Jewish Agency or the Israel government wants.
Above is the law see complete text and 1970 amendment: https://www.knesset.gov.il/laws/special/eng/return.htm
@ Reader: I AGREE 100% READER.
What’s to stop Messianic Jews from using this ruling to emmigrate? Sobbotnicks? Karaites? Black Hebrews? Arabs terrorists intent on marrying naive Jewish girls to gain entry to Israeli targets? There have been a few. This ruli g is dangerous. If you want to be a convert to Reform, do it elsewhere! How can one be compelled to Aliya and be Reform, except for marriage. Israel is a refuge for Jews, not explorers.
@ Bear Klein:
“Reform and Conservative Jews have full immigration rights to Israel
and are considered Jews. The same with non-denominational and Secular Jews.”
No, it is absolutely NOT the same with non-denominational and secular Jews.
In fact, it’s not even the same for those Reform and Conservative halachic Jews who are NOT converts but choose to to attend non-Orthodox synagogues.
You keep conflating the born Jews (those whose whole families are unquestionably Jewish whether religiously observant or not or those who at least can claim a Jewish mother – whether she was observant or not) and the Reform and Conservative Jewish converts (and the people who are considered born Jews by the Reform movement but are not such by the halachah).
The whole point of the affair is that only CONVERTS (both Orthodox and non-Orthodox) now have (or have had for many years) an easy open door to Israeli citizenship, while the BORN halachic JEWS DO NOT, unless they can show religious Jewish involvement (considered valid by the Rabbinate) for themselves and their mothers OR PROVE their religious Jewish roots in any arbitrary way required by the Jewish Agency, and later – by the Rabbinate.
It is not fair, it is crazy, and it is not easy to solve or untangle.
Maybe when you made aliyah it was different.
The only reason no one talks about it is because no one even wants to try to imagine a flood of non-religious Jewish immigrants from the US, and what to do with them then.
What if the situation becomes life threatening for the American Jews?
Would the Jewish State push them back to be murdered for the lack of “proof of Judaism”?
In 1988, the High Court ruled that non-Orthodox conversions performed outside of Israel must be recognized for the purposes of aliyah and citizenship, but did not extend that recognition to non-Orthodox conversions performed in Israeli itself. Reform and Conservative Jews have full immigration rights to Israel
and are considered Jews. The same with non-denominational and Secular Jews.
What some of the people commenting on the ruling do NOT seem to realize that the State of Israel has for many many years accepting Olim (immigrants) into Israel who were converted by the either Reform movement or a Conservative Rabbi from outside of Israel. Those who come in my experience become part of Israeli society and strength it.
This ruling only applies to those who convert within Israel within the parameters setup by Israeli Reform or Conservative Rabbis. The court correctly ruled that it makes no sense for legal purposes to disallow these new Jewish converts not to be allowed to make aliyah because they were converted inside of Israel and not out of it.
Why should it be easy to convert? Most Reform Jews are intermarried and support the Two State Solution and the Iran Deal. They want to evict the Jews from Yesha. Do you really want these people to become part of Israeli society?
@ Adam Dalgliesh:
Either way, the Rabbanut will never recognize these people as Jewish.
My objection is that these converts will become olim and Israeli citizens with all the rights pertaining to citizenship quickly and easily just by presenting their conversion papers while born Jews will linger for months and months in the Diaspora and made to jump through hoops trying to obtain their “proofs of Judaism” in the form of their great-grandparents ketubahs most of which perished in Europe in the war or the unobtainable pictures of their ancestors’ grave markers from long ago destroyed Jewish cemeteries.
THIS IS WHERE THE PROBLEM REALLY LIES – open the door to easy converts (factually – still non-Jews), and slam it shut in the face of millions of Jews without “proofs of Judaism”!
I think it is a bad ruling because these issues should be decided by the Knesset, not by the Supremes. Even if I occasionally agree with a ruling that is in effect a new law, I don’t think that making laws is the job of courts. Only deciding how the laws apply to individual disputes as to facts and law that are brought before it.
On the practical level, I object to the ruling because the Conservative and Refrom movemnts have taken pro”Palestinian” and anti-Israel positions in recent years. The “peace” organizations will flood Israel with nominal converts from these sects who support “peace” positions, then stay in Israel just long enough to vote in elections for the “peace” parties before returning to their actual homes in the United States.
I also admit to doubts as to whether the Reform and even the Conservative movements adhere to doctrines and beliefs that are close enough to those of historical Judaism, as it was between roughly 200 C.E. and roughly 1780 C.E., to be considered authentic Judaism. For example, many members of these sects deny that the Exodus from Egypt and the Sinai Event even took place. One Reform rabbinical seminary in California went so far as to invite as its commencement speaker who was a self-proclaimed atheist, and who spent most of his talk denouncing Judaism as a bad influence in the world.
As important as courts think themselves, what actually matters is what He believes and since we have no prophets around at this time to ask Him, the less than satisfactorily sufficient answers of mere humans who think highly of their position may have to do until the social cost is factored in… then it could get interesting. Personally, this author suspects that by the time we are truly aware of His belief, it matters not in this illusionary world.
“Reform and Conservative Jews are Jews”
What about those Reform Jews of paternal descent (the Reform movement has accepted them as Jews for many years)?
A line has to be drawn somewhere.
“Emigrate to Israel through the Law of Return, makes you an Israeli citizen but not a Jew.”
In fact, in many cases it makes a Jew into a non-Jew, i.e., you literally sacrifice your Jewishness in the process.
How does that happen?
According to the halachah, if a man comes from abroad, and says he is a Jew, he is to be believed.
However, this is not what happens in reality.
The Jewish state (and the Rabbanut) must have a solid “proof of Judaism” which has no definition in Israel’s law, and, therefore, the JAFI can keep asking for more and more proofs ad infinitum if it feels like it (even if you know that your family has been Jewish since Moses), the same with the Rabbanut.
Also, just because the Jewish Agency finally agrees that someone is Jewish, this doesn’t mean that the Rabbanut will do the same and let you participate in Jewish life, such as getting married as a jew, etc., and vice versa – in some really screwy cases the Rabbanut is perfectly fine with someone’s Jewishness while the state disagrees and may even try to deport the person in question.
Also, the Rabbanut has a blacklist of the rabbis whose letter testifying that someone is a Jew is not to be considered valid, and no one knows which rabbis are on the list.
BTW, the Law of Return seems to have been, in fact, changed because these days they are not merely looking for someone’s Jewish roots including one of the grandparents, they are looking for someone’s RELIGIOUS Jewish roots (it is called the proof of JUDAISM), i.e.. in order to be accepted as an oleh, you need to show RELIGIOUS Jewish ancestors, not merely Jewish ancestors.
If both your parents happen to be Jewish but you only have “the proof” for your father, and become an oleh, you, in fact, agree to acknowledge officially that you are not Jewish (from the religious standpoint). and this is next to impossible to correct later.
Real simply I completed approve of this decision. Jews in Israel should have religious freedom and not be governed by the Rabinut.
I hope marriage by Reform or Conservative Rabbis within Israel is also approved soon. Minimally Civil Marriage approval.
Reform and Conservative Jews are Jews even though Orthodoxy may not approve of them.
The hysteria and scare tactics some of the UTJ and Shas are now using in opposing this ruling shows them to be crude, primitive fearmongers afraid of losing control of religious control over Israeli Jews.