Israel Court Rules Ultra-Orthodox Must Serve

Israel's Supreme Court issued a landmark ruling on Tuesday, determining that the state must draft ultra-Orthodox men into the military. This decision, reported by Reuters, ends decades of exemptions for religious students, a policy that has long fueled significant political and social contention within the country.

www.reuters.com reported, The unanimous ruling stated there is no longer a legal basis to avoid conscripting ultra-Orthodox yeshiva students. According to The Times of Israel, this effectively mandates their inclusion in the Israel Defense Forces (IDF), a move with profound implications for Israeli society and its government.

This judicial decision is expected to have significant implications for both the military's manpower needs and the stability of the current government coalition. The Associated Press noted that Prime Minister Benjamin Netanyahu's government relies heavily on ultra-Orthodox parties, who vehemently oppose the draft.

www.reuters.com noted, For decades, ultra-Orthodox men have been largely exempt from mandatory military service, allowing them to continue full-time religious studies. Haaretz reported that this exemption was based on a "Torah study is their craft" principle, which has been challenged repeatedly in court by secular Israelis.

The ruling comes at a critical time, as Israel faces an ongoing war in Gaza and heightened security challenges on its northern border. The military has expressed a dire need for additional personnel, a point emphasized by The Guardian in recent reports regarding the strain on active and reserve forces.

www.reuters.com reported, Government officials, including Prime Minister Netanyahu, are now under immense pressure to respond to the ruling. According to BBC News, the decision could trigger a coalition crisis, potentially leading to early elections if ultra-Orthodox parties withdraw their support.

The Supreme Court's decision underscores the principle of equality in sharing the national burden, a sentiment widely supported by a majority of the secular Jewish population. This ruling reflects a growing public demand for all citizens to contribute to national defense, especially during wartime, as noted by Channel 12 News.

• www.reuters.com noted, Historical Context of Exemptions: The exemption for ultra-Orthodox men dates back to the state's founding in 1948, initially granted to a small number of yeshiva students. Over time, this grew significantly, becoming a blanket exemption for thousands, formalized by the "Tal Law" in 2002. However, The Jerusalem Post reported that the Supreme Court struck down the Tal Law in 2012, deeming it unconstitutional and unequal, setting the stage for subsequent legislative and legal battles.

• Key Stakeholders and Positions: Ultra-Orthodox political parties, such as United Torah Judaism (UTJ) and Shas, view Torah study as paramount and oppose any conscription, threatening to leave the government if their students are drafted. Conversely, secular and national-religious parties, along with a significant portion of the public, advocate for equal burden-sharing, especially given the current security situation, as highlighted by a recent poll from the Israel Democracy Institute.

• www.reuters.com reported, Political and Coalition Implications: The ruling places immense pressure on Prime Minister Netanyahu, whose coalition relies on the ultra-Orthodox factions. According to Axios, these parties have vowed to resist the draft, potentially leading to their withdrawal from the government and triggering new elections. Netanyahu must now navigate between upholding the court's decision and maintaining his fragile coalition.

• Military Manpower Crisis: The IDF has been grappling with a severe manpower shortage, exacerbated by the ongoing conflict in Gaza and increased operational demands. Reuters reported that the military has been pushing for an extension of mandatory service and an increase in reserve duty, making the integration of ultra-Orthodox recruits a crucial, albeit complex, solution to bolster its ranks.

• www.reuters.com noted, Legal Basis and Previous Rulings: The Supreme Court's decision reiterated its stance that the government lacks the legal authority to continue funding yeshivas whose students avoid military service. This follows a series of rulings over the past decade that consistently emphasized the principle of equality before the law, as detailed in analyses by Haaretz's legal correspondents.

• Potential Future Developments: The government is expected to explore various options, including attempting to pass new legislation to circumvent the ruling, though such laws would likely face immediate legal challenges. The Times of Israel suggested that the court's firm stance indicates a low probability of such legislative maneuvers succeeding without significant amendments that satisfy the principle of equality.

• www.reuters.com reported, Social Impact and Integration Challenges: Integrating ultra-Orthodox men into the IDF presents significant social and cultural challenges. The military would need to adapt its structures to accommodate their religious practices, including dietary laws and gender segregation, which could be a complex and sensitive process, according to sociological studies cited by The Jewish Telegraphic Agency.

• Economic Considerations: Beyond military service, the integration of ultra-Orthodox men into the workforce is a long-term economic goal for Israel. The current exemption often leads to lower participation rates in the general workforce. Economists, as reported by Globes, argue that conscription could encourage more ultra-Orthodox men to pursue secular education and employment, boosting the national economy.