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Case Studies of Democracy

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Case Studies of Democracy Freedom #2 – Case studies of Democracy Introduction While a People may choose to be free from religion in its governance, so too a People may choose to be allow religion to play a free role within the nation’s governance. And if this governance is freely elected by the People, then this too is a form of freedom. When the State was founded in 1948, the Declaration of Independence became the mission statement of Israel. One of the intentions was to preserve the “Jewish character” of the State while also preserving the freedoms of the variety of people living here, Jews and non-Jews alike: “The State of Israel will be open for immigration and for the Ingathering of the Exiles…it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex…it will guarantee freedom of religion, conscience, language, education and culture and will safeguard the Holy places of all religions.” (Declaration of Independence, 1948) How does Israel maintain the Jewish character of the State, while also maintaining freedoms? When there are different opinions about what “Jewish character” should look like, it can be challenging to create a unified governing body to preserve that character with many Jewish perspectives equally represented. Culturally, however, Jewish traditions and sacred text play a central role in public life. There is one weekly day off in Israel – the Jewish Sabbath on Saturday. There is no public holiday at Christmas, New Year’s, or Easter: rather, Chanukah, Pesach, Rosh Hashana, Yom Kippur and Sukkot are the Israelis’ holidays. Few Israelis dress up for Halloween, but the streets are full of costumes at Purim. The public bus system stops in Jerusalem for Shabbat, Bible is taught in public schools and the Rabbinate is in charge of official marriages, even if the couple isn’t Orthodox. At the same time, about 75% of the country’s Jewish citizens see themselves as secular and don’t live their lives according to Jewish law1. In this session, we will explore what questions arise when Israel strives to be both democratic and Jewish. 1 A Portrait of Israeli Jews: http://www.idi.org.il/media/1026905/Abstract_GuttmanAviChai2012_Eng.pdf 1 Goals Participants will discuss and analyze current case studies that involve balancing Jewish and Democratic values Participants will develop a deeper understanding of the challenges that arise when trying to hold democratic and Jewish values together Big Question: What happens when a state tries to be both Jewish and democratic? Guiding Questions How do you instill the Jewish character of the State while still preserving the personal freedoms of its individuals? When Jews of all different backgrounds experience life cycle events, what are the responsibilities of the State vs. the Rabbinate when there are diverse needs and desires of the citizens? Preparation for Facilitator 1. Because of the material in this session, we recommend reading some background information about Israel’s government, since students might ask you clarifying questions. Specifically, we recommend: https://www.knesset.gov.il/description/eng/eng_work_org.htm https://www.knesset.gov.il/description/eng/eng_work_chak1.htm https://www.knesset.gov.il/faction/eng/FactionMain_eng.asp 2. Make sure to read all of the articles and information prior to the session. Additionally, make sure to watch the Donniel Hartman video. If you have time, it would be helpful for you to fill out the chart for each case study, so you clearly understand both sides of each issue. 3. Decide how you want the participants to sign up for the case studies. In order to break up the partners clearly and efficiently, it is recommended to prepare pieces of paper in advance, with the names of each case study as the title and an allotted number of spots in each category where students can sign up. However, if you prefer not to do that, you could also announce each case study, and have them volunteer before they split up into chevruta. It is important that the group is dispersed equally among the 4 categories. 4. Make sure to set up a computer with the video ready to go. 5. Make sure the screen and projector are working and connected to the computer, and that your speakers are LOUD without distortion. 2 6. Have extra copies of the case studies ready in case students forget their handbooks. 7. Cut outs of each of the applicant’s claims (from the Brother Daniel case), folded with the number written on the paper 8. The verdicts of each case study, in a sealed envelope with the name of the case study on the envelope. 9. If you have time, it is recommended to read the first article under “Continuing Education” on page 31 entitled A Zionist State, a Binational State and an In- Between Jewish and Democratic State. This article thoughtfully outlines some of the suggested models for Israel as a State and will give provide you with some baseline knowledge that might be important to know prior to facilitating this session. Pre-Session Assignment Instructions: Please read the following letter. All of the modern day case studies, which will be done in our session, will stem from the four categories that Ben Gurion addresses in his letter. Background Information: In Israel, the term status quo (or the secular-religious status quo) refers to the political understanding between religious and secular political parties not to alter the communal arrangement in relation to religious matters, in a predominantly non-Orthodox population. The established Jewish religious communities in Israel desire to maintain and promote the orthodox religious character of the state, while the secular community wishes to reduce the impact of Orthodox regulations in their everyday lives. Occasionally, one political side seeks to make changes to inter- communal arrangements, and these are often met by fierce political opposition from the other side. The status quo is seen to preserve the established religious relations in Israel. Ben Gurion’s Status Quo Letter of 1947 For over sixty years, Israel’s religious laws have been determined by the famous “status quo” agreement entered into before the state was founded. The following letter was written by David Ben-Gurion, (who at the time was the Chairman of the Jewish Agency – there was still no State of Israel) to Agudath Israel (the original political party representing the Haredi population of Israel) in order to form a united policy to present to the United Nations Special Committee on Palestine (UNSCOP), which had commenced its fact-finding tour 4 days earlier. The letter was meant to address their concerns that the emerging State of Israel will be a secular one, which might hurt the status of religion and religious institutions, as well as the values of their followers. 3 From: The Jewish Agency for Palestine, etc. To: The World Organization of Agudath Israel, etc., Jerusalem Dear Sirs, The Agency’s Executive has learned from its chairman of your requests concerning guarantees on matters of matrimony, Shabbat, education, and kashrut in the Jewish state, once it is established in our days. As you were informed by the Chairman of the Executive, neither the Agency’s Executive nor any other body in the country is authorized to determine the law of the Jewish state in advance. The establishment of the state requires the approval of the United Nations, and this is impossible unless freedom of conscience in the state is guaranteed to all its citizens, and unless it is clear that there is no intention of establishing a theocratic state. The Jewish state will also have non-Jewish citizens, Christians and Moslems, and, evidently, it will be necessary to ensure in advance full equal rights to all citizens and the absence of coercion or discrimination in matters of religion or in any other matter. We were satisfied to hear that you understand that there is no body authorized to determine in advance the constitution of the state, and that the state will be, in some spheres, free to determine its constitution and regime according to its citizens’ wishes. Still, the Executive appreciates your demands, and is aware that these are matters that worry not only the members of Agudath Israel, but also many of the religious faithful in all Zionist parties or in no party, and it is sympathetic to your demands that the Agency’s Executive inform you of its position regarding the issues you have brought up, and what it is willing to do, as far as its influence and directives reach, in order to fulfill your wishes regarding the said issues. The Agency’s Executive has authorized the undersigned to formulate its position regarding the issues you have mentioned at the meeting. The position of the Agency’s Executive is as follows: “A. Shabbat. It is clear that Saturday will be the legal day of rest in the Jewish state. Permission will naturally be given to Christians and to those practicing other religions to rest on their weekly day of rest. 4 “B. Kashrut. All means should be pursued to ensure that every state-run kitchen for the use of Jews serve kosher food. “C. Marital Law. All the members of the Executive appreciate the seriousness of the problem and the grave difficulties pertaining to it, and all the bodies represented in the Agency’s Executive will do whatever possible to satisfy the deep need of the religiously observant in this matter, lest the House of Israel be divided in two. “D. Education. Full autonomy will be guaranteed to every education network (incidentally, this policy already exists in the Zionist Federation and Knesset Yisroel) and the state will not infringe on the religious philosophy or the religious conscience of any part of the Jewish people.
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