Israel Court Ends Ultra-Orthodox Draft Exemption

Israel's Supreme Court ruled on Tuesday that the government must draft ultra-Orthodox Jewish men into the military, ending decades of exemptions. This landmark decision, reported by AP News on June 25, 2024, addresses deep societal divisions over military service and equality.

apnews.com reported, The unanimous ruling effectively ends the state's ability to fund yeshivas for students who avoid military service, finding no legal basis for continued exemptions. Haaretz reported that the judges emphasized the principle of equality before the law.

This decision comes amid the ongoing conflict in Gaza, which has intensified public calls for more equitable military service across all segments of Israeli society. According to The Times of Israel, the war has highlighted the military's growing manpower needs.

apnews.com noted, The ruling poses significant political and social repercussions for Prime Minister Benjamin Netanyahu's coalition government. Reuters noted that Haredi parties, crucial to Netanyahu's parliamentary majority, strongly oppose mandatory conscription.

The government is now mandated to draft these men, a move that could reshape the relationship between the state and the ultra-Orthodox community. The Washington Post highlighted the immediate challenge this presents to the ruling coalition's stability.

apnews.com reported, Decades of exemptions have fueled resentment among secular and modern Orthodox Israelis who serve in the military. CNN stated that this disparity has been a long-standing source of tension and public debate within the country.

• Background and Historical Context: The exemption for ultra-Orthodox men dates back to Israel's founding in 1948, initially granted to a few hundred yeshiva students by David Ben-Gurion. Over decades, this exemption expanded significantly, allowing tens of thousands to avoid service, as detailed by the BBC. The "Tal Law," an attempt to regulate this, was struck down by the Supreme Court in 2012, leading to a series of temporary arrangements and ongoing legal challenges.

• apnews.com noted, Key Stakeholders and Their Positions: Ultra-Orthodox parties, including United Torah Judaism and Shas, vehemently oppose conscription, viewing full-time Torah study as paramount to national security and their way of life. They have threatened to leave the government if their constituents are drafted, according to The Jerusalem Post. Conversely, secular and Dati-Leumi (religious Zionist) segments of society largely support equal service for all citizens.

• Political Implications for Netanyahu's Coalition: Prime Minister Netanyahu's government relies heavily on the support of ultra-Orthodox parties, making this ruling a direct threat to his coalition's stability. Analysts told The New York Times that failure to resolve the conscription issue could trigger early elections, potentially during wartime, adding to Israel's already complex political landscape.

• apnews.com reported, Economic and Social Impact: The exemptions have contributed to an economic burden, with a significant portion of the Haredi community not participating in the workforce or military. The ruling could integrate more Haredi men into the economy and military, but also risks social unrest, mass protests, and further polarization between religious and secular communities, as noted by Globes.

• Military Manpower Needs: The ongoing conflict in Gaza and heightened tensions on Israel's northern border have severely strained the Israel Defense Forces' (IDF) resources. The IDF has expressed a critical need for more personnel, with military officials telling Channel 12 News that integrating Haredi men could significantly bolster both combat and support units, addressing current shortages.

• apnews.com noted, Legal Basis and Precedent: The Supreme Court has consistently ruled against the legality of blanket exemptions for ultra-Orthodox men, citing principles of equality and the "burden of service" shared by all citizens. This latest ruling follows previous decisions, including the striking down of the "Tal Law" in 2012, which mandated the government to legislate a new, equitable framework, a task it has repeatedly failed to complete, according to legal experts cited by Ynet.

• Potential Future Developments and Next Steps: The government now faces a critical juncture: it must either legislate a new conscription law that satisfies both the court's demands and the ultra-Orthodox parties, or risk a coalition collapse. The Times of Israel reported that Haredi leaders are exploring various options, including potential civil disobedience, renewed legislative efforts to circumvent the ruling, or even a push for a constitutional override.

• apnews.com reported, Impact on Different Communities: The ruling is widely expected to be welcomed by many secular and modern Orthodox Israelis who have long felt the burden of military service is unfairly distributed. Conversely, it will likely be met with strong resistance and protests within the ultra-Orthodox community, who view mandatory military service as an existential threat to their religious and cultural way of life, as documented by various Israeli news outlets.