Buses in Tel-Aviv? Ultra-Orthodox to go to the Army? More on Secular-Religious Tensions in Israel

On February 13, 2012, I wrote about some issues of religious-secular tension in Israel. There have been some further developments and I thought I would comment.

Last week, the Tel-Aviv Municipal Council voted 13-7 to ask the Israeli Ministry of Transportation to permit buses to run in Tel-Aviv on Shabbat (Saturday). As I have discussed, buses do not run in most of Israel on Shabbat, which is the national day of rest. There are some exceptions. For example, Haifa, one of Israel's largest cities, does have bus service on Shabbat. At this point, the Ministry of Transportation has indicated that it will refuse the request and will maintain the "Status Quo."

The "Status Quo" in Israel denotes the agreement entered into between religious and non-religious parties at the time of the founding of the State of Israel. The then-future founding Prime Minister of Israel, David Ben Gurion, wrote a letter in which he set out certain principles that the State of Israel would follow. Though the State would be democratic and would provide for freedom of thought and expression, it would recognize certain religious principles that would form part of the national law of the fledgling state. Included in this "Status Quo" was the idea that Shabbat would be a national day of rest and that all public institutions would have Kosher kitchens.

There was also an agreement that a certain number of highly observant Ultra-Orthdox Jews would be exempt from military service so that they could devote their full time and attention to furthering their religious studies. It was anticipated that this would be a very small number of students and would therefore be tolerable for the State to allow this exception to an otherwise universal system of military conscription.

Recently, this "Status Quo" has come under fire in different ways. Secular Israelis have perceived an increasing level of Ultra-Orthodox religious observance in certain public areas. For example, there has been a proliferation of gender-segregated buses (particularly in Jerusalem), Ultra-Orthdox opposition to women singing in the army (something women have done, without complaint, since the Israeli army began), other issues of the exclusion of women in billboard advertising, public state-sanctioned ceremonies and other fora. This attempt to set increasingly stringent boundaries by certain Ultra-Orthodox groups has led to a series of public protests, many of which have been organized by the "Yisrael Hofshit" ("Be Free Israel") Movement.

Perhaps, partially in response to these perceived attacks on the Status Quo by Ultra-Orthodox and some Orthodox Israelis, secular Israelis have felt emboldened to raise their own concerns about the Status Quo and to take steps to challenge it. One area of such concern has been the issue of public transportation, particularly in the Tel-Aviv area. As members of the Tel-Aviv Municipal Council have suggested, Tel-Aviv does not generally bar people from driving on Shabbat nor does it prevent taxis from running or even public passenger mini-buses. It is only large buses and trains that do not run. Mayor Ron Huldai and those who support him have argued that it is unfair that those who have the money to own a car or pay for a cab are free to do whatever they want on Shabbat whereas those who cannot afford car or cab fare, particularly students, soldiers and seniors, but including many other Tel-Aviv residents as well, are all "grounded" each Shabbat. Those who oppose the Tel-Aviv Municipality's request for Shabbat bus service have argued in favour of the Status Quo which has been in existence now for more than 60 years. They argue that it will further erode the Jewish character of the State and will commercialize Shabbat and negatively impact the quality of life in Israel.

The other "Status Quo" issue that is being publicly debated is the issue of military exemption for Ultra-Religious Israelis. A few weeks ago, the Supreme Court of Israel ruled that the exemption is now unconstitutional and cannot be continued. Israel's High Court held that the law created inequality in Israel. An article in Haaretz on February 23, 2012 noted that there now 62,000 Ultra-Orthodox Israelis taking advantage of the Tal Law to avoid military service. Israel's Supreme Court held by a 6-3 majority that this situation could not continue.

The move to eliminate, wholly or partially, the exemption from military service for Ultra-Orthodox and the movement to institute public transportation in many other areas of Israel are both signs that the long standing Status Quo is being challenged. There are certainly other challenges on the horizon including the challenge to the existing system whereby Jewish weddings, burials, conversions and ritual circumcisions are all within the exclusive jurisdiction of the Israeli Orthodox Rabbinical authorities.

All of these challenges are related to the issue of where to draw the line between democracy and freedom and the Jewish character of the State of Israel. These issues are likely to lead to continued considerable debate in the future as religious and secular Israelis seek to find a manageable compromise that will be workable for both sides.