Project Director: Avram Heilman, Constitution for Israel Project

Director of Content & Development: Shira Steinitz, Director of Educational Development, Melitz

Written by: Matt Plenn

Steering Committee: Menachem Revivi - Israeli American Jewish Forum Shira Steinitz- Melitz - Centers for Jewish- Zionist Education Avram D. Heilman - Constitution for Israel Project

Professional Consulting and Support: Prof. Steven M. Cohen, The Hebrew University, Jerusalem The Project for Implementation of the Gavison-Medan Covenant

Editorial Board: Dov Rabinowitz, Stephanie Pell, Julian Furman

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יו מ צ לי י- " וד ץ מ יה כונים לחינוך Constitution for Israel Project Material by c/o Constitution, Law, and Justice Committee Melitz - Centers for Jewish Zionist Education The Knesset, 2 Kaplan St., Israel’s leading provider of Jewish-Zionist informal Kiryat Ben Gurion, Jerusalem educational services www.cfisrael.org [email protected] Jerusalem, Tel: +972-2-6216103 fax: +972-2-675-3369 www.melitz.org.il

The cost of producing these materials was underwritten by the Lillian & Martin Steinberg Center in Israel, in cooperation with the American Jewish Congress. The views expressed in these materials are not necessarily those of AJCongress or the Martin Steinberg Trust. (c) 2005 Constitution for Israel, Israeli American Jewish Forum. All rights reserved. Constitution for Israel

A JOINT PROJECT OF THE KNESSET AND THE JEWISH AGENCY FOR ISRAEL PRESENTED BY THE ISRAELI AMERICAN JEWISH FORUM

Religion & State

The Law of Return

A Guided Dialogue

Constitution for Israel A Joint Project of the Knesset and the Jewish Agency for Israel Operated in North America by the Israel-America Jewish Forum In May 2003, the Constitution, Law and Justice Committee took on the task of writing a proposal for a full constitution for Israel based on broad consensus. The Committee and the Jewish Agency for Israel agree that since Israel is the democratic state of the Jewish people, it is highly appropriate to bring World Jewry to this table. We invite the input of the Jewish community on those constitutional issues that they find most relevant.

The Constitutional process has already come farther than it ever has in Israel’s history and enjoys strong support from both the left and the right. World Jewish participation will not only enrich this process; it constitutes an historic collaborative effort between Israel and the Diaspora that promises to strengthen avenues of communication between Israel and Diaspora Jewry.

I look forward to developing this unique opportunity for Israel and world Jewry to enter into a dialogue regarding critical issues that will continue to impact the Jewish people for years to come.

Sincerely,Sincerely,

MK Michael Eitan Chairman of the Constitution, Law and Justice Committee

On behalf of the Israeli American Jewish Forum, we welcome your participation in this historic opportunity as we enter into a dialogue with the Constitution, Law, and Justice Committee. As they draft a Constitution for the State of Israel, we have been invited to share our views on a variety of relevant issues and we know that format will prove to be both enlightening and stimulating. Thank you for your input in this exciting and momentous partnership.

All the best, Marvin Lender and Dan Meridor  INTRODUCTION

How to use this kit: The “Constitution for Israel” discussion kits address some • Photocopy the necessary source materials from the kit of the main constitutional issues being debated by Israelis for distribution to the group. and Members of Knesset. These kits will guide you in the • Be sure to photocopy and distribute the subject study of several central issues, and provide background introductions (pages 6 - 7 for religion and state, or information to aid you in coming to informed opinions and pages 16 - 17 for Law of Return). You might consider developing proposals to resolve some of these problems emailing the relevant introductions to discussion in the framework of a constitution for Israel. participants to review before the meeting. They are available at http://www.cfisrael.org/kit_intros.html. • Photocopy the survey sheet for distribution to This kit contains material for 4 meetings: two on participants. religion and state and two on the Law of Return). For each • Direct participants to www.cfisrael.org, where they subject, the first meeting (or “unit”) is educational and the can find some more introductory materials to prepare second more pragmatic. A unit should take approximately for the discussion. 60-90 minutes to run, and contains all texts, questions and talking points necessary for a successful session. Each subject ends with a survey form for participants, and After meetings: a more substantial facilitator’s feedback forum, which will • be used to convey your group’s opinions, conclusions, and Set aside 5 minutes at the end of the meeting for recommendations to the Constitution, Law, and Justice participants to fill out the survey, then collect the sheets

Committee of the Knesset. The Committee will consider and send the results to the CFI office. The address is Introduction your responses in the course of its debates on these topics on the back of this kit. • in the Knesset. Take careful notes on the group’s dynamic and conclusions, according to the instructions in your feedback form. Return this form by mail, fax, or email Before meetings: to the address on the back of this kit. • Read through the entire kit (especially the “Facilitator’s feedback form!), and familiarize yourself with its structure. • Remove the 4-page insert at the center of this kit. This is a useful “map” of the discussion

 Israel’s Constitutional History:

WE HEREBY DECLARE that, with effect from the moment of the termination of the Mandate being tonight, the eve of Sabbath, the 6th Iyar, 5708 (15th May, 1948), and until the establishment of the elected, regular authorities of the State in accordance with the Constitution which shall be adopted by the Elected Constituent Assembly not later than the 1st October 1948, the National Council shall act as a Provisional Council of State, and its executive organ ... shall be the Provisional Government of the Jewish State, to be called "Israel". Proclamation of Independence of Israel

Israel’s first elections were not to the Knesset; there Supreme Court’s interpretation of the constitutional was no such thing. Instead voters chose representatives situation, these laws had no greater status than ordinary to the Constituent Assembly, that body charged in the laws, and thus new laws were held to supercede old ones, declaration of Independence with drafting a constitution even if a new law – passed, for instance, by a 3-2 majority by October 1, 1948. That assembly’s very first act, in plenum – contradicted a Basic Law of the State. however, would delay its raison d’être indefinitely. This is no longer true. In 1992, the Knesset adopted two Within two days of its election, the Constituent assembly new Basic Laws concerning human rights (Freedom of had disbanded and reformed itself as the first Knesset. Occupation, and Human Dignity and Liberty) which After protracted debate, the first Knesset decided to included a novel “limitations clause,” borrowed from the delay writing a full constitution, citing immediate and Canadian Charter, which explicitly prevented other laws pressing threats to Israel’s existence, an inability to from infringing on their rights. These laws, which would bridge the religions-secular divide, and the impropriety fundamentally change the legal and political landscape in of drafting a constitution for the Jewish state before world Israel, were passed shortly before elections in a mostly- Jewry had had a chance to make Aliyah. The decision to empty Knesset. Basic Law: Human Dignity and Liberty delay, called the Harrari Decision after its initiator, MK passed by a vote of 32-21, with 67 MKs absent; its sister, Harrari, called for The Constitution, Law and Justice Basic Law: Freedom of Occupation, was passed 23-0. Committee to prepare a draft State Constitution. The constitution will be built chapter by chapter, in such In 1995, the Supreme Court made a historic decision in a way that each will constitute a separate Basic Law. which it established a hierarchy, putting Basic laws on The chapters shall be presented to the Knesset when top and establishing the practice of Judicial review of the committee completes its work, and all the chapters statutes. What this meant was that the Supreme Court together shall comprise the Constitution of the State. had called the eleven basic laws drafted over some 45

Introduction There was no hurry, and it took almost ten years for the first years a constitution, and granted itself the power to strike Basic Law to be passed. Since then, subsequent Knessets down new legislation which contradicted any basic law. have enacted a total of eleven Basic Laws, dealing With this “constitutional revolution,” the court created a mostly with the structure and powers of the governing constitution, unbeknownst to the vast majority of Israelis bodies and, most recently, certain basic civil rights. and the world.

The Constitutional Revolution: Or, how the Supreme This revolution has had its positive and negative Court acquired the power of Judicial Review in the ramifications. Israel’s system of law and basic principles absence of a constitution. are stabilized by a “constitution,” but the text is incomplete and unknown to the public. The Bill of rights in the basic Until 1995, it was not clear that the basic laws enjoyed laws is unfinished,and the issues of Israel as the state of the any constitutional supremacy. According to the Israeli Jewish people and its fundamental principles are almost  ignored. Finally, the court’s interpretation and application Committee feels it would be wrong to hold these debates, of some of the Basic Laws has alienated Members of without inviting world Jewry to the table. Knesset (particularly the Orthodox) who originally supported the Basic Laws themselves in plenum. Several months after the beginning of the constitutional debate in 2004, the Chairman of the Constitutional The current situation. Committee reached an agreement with the Speaker of Israel’s quasi-constitution – the basic laws – suffer the Knesset and the Chairman of the Jewish Agency for from both incompleteness and a lack of legitimacy. Israel to open the constitutional dialogue to Jews from Many members of Knesset who voted for the laws around the world. The Knesset and the Jewish agency expressly rejected the notion that they could be a basis see this as a unique and vital opportunity for Israel and for constitutional powers, and feel the Court has assumed authority not meant for it. The ball, however, is in the Knesset’s court, so to speak. The First Knesset appoints the Constitution, Law, and Justice Committee to prepare a constitution for the state. The constitution shall be built In May of 2003, the Constitution, Law, and Justice Committee chapter by chapter, in such a way that each of decided to complete the task relegated to it in 1949. It would them will constitute a separate Basic Law. The assemble a full constitution, based on the eleven extant Basic chapters shall be presented to the Knesset when Laws, and on substantial discussion of the additional rights the committee completes its work, and all the and principles that belong in a constitution. Since that day chapters together shall comprise the Constitution the Committee has held over 80 meetings on the constitution, of the State. making this the largest legislative project in Israel’s history. Text of the Harari Decision, June 13, 1949. The debates – on the structure of government, separation of powers, civil rights, social and economic rights, state ownership of lands, minorities, and the Jewish-democratic world Jewry to enter into a dialogue regarding critical balance – are attended by the Members of Knesset on the issues that will continue to impact the Jewish people for Constitutional Committee as well as by a host of academics, years to come. It will serve not only to improve the draft experts, representatives of NGOs and think tanks, and even constitution, but also to deepen the relationship between simply interested citizens. the communities. Such an invitation is an unusual step for a sovereign nation, but Israel and world Jewry have come The Constitution for Israel Project. to realize the extent to which their respective agendas are Israel’s constitution will affect more than just those one agenda.

who hold Israeli citizenship on the day it is ratified. It Introduction will affect Jews the world over – as potential citizens, as The Constitution for Israel Project serves as the formal ambassadors of good will, as representatives of the Jewish channel of communication between Diaspora Jewry and state in their own countries, and as communities who care the Knesset Committee. We are your voice in Israel’s deeply about the character of Israel. The Constitutional Constitutional debate.

 RELIGION & STATE

Introduction Israel’s most pressing existential paradox lies in its seems less paradoxical. But where precisely on the definition as a “Jewish and Democratic state.” This Washington-Tehran continuum should Israel sit? formula, upheld in the Declaration of Independence and Israel guarantees equality under the law to all its citizens, explicitly stated in numerous laws and writings, sounds to vouchsafing their rights to vote and be elected. The some like a contradiction in terms. How can a democratic expression of its Jewishness, however, is difficult to state have a preferred religion? What about the separation define, and Israelis cannot even agree on whether the of Church and State? While there is no clear answer to country should be defined as the “Jewish State” or the this question, there is much to suggest that the two are, at “State of the Jewish People.” Is Judaism a religion, the very least, not entirely incompatible. a national culture, or an ethnicity? Judaism in Israel is reflected in values, politics, and culture as much as it is in In the United States, the First Amendment overwhelms religious practice. the First Commandment. The state is seen as a voluntary alliance of individuals, coming together to advance their The vast majority of Israelis not only approve of their mutual self-interest, free of intervention by a central country’s Jewish cultural identity, they reject the notion authority. “Congress shall make no law respecting an that religion and state should be kept entirely separate. Religion and State establishment of religion,” the Bill of Rights orders. The Most approve of a Law of Return which gives automatic theocracies of Iran and Saudi Arabia, on the far side of citizenship exclusively to Jewish immigrants, and most the spectrum, show the dangers that America seeks to believe the state should fund religious institutions, houses avoid, but there is much nuanced space in between these of worship, and cemeteries on an equal basis. Most Israelis two poles. Great Britain – one of the most democratic and identify with the Jewish symbols of the state, the flag and secular societies in the world – still boasts an established the anthem, and believe that holidays like Shabbat, Rosh church whose leader is also the head of state. Many Hashana, and Passover should be celebrated in the public democratic Catholic countries, such as Italy and Spain, sphere. This is because Judaism is a communal religion, display even greater degrees of connection between with many traditions that cannot be practiced in the Church and State. In this light, “Jewish and Democratic” privacy of one’s home.

 RELIGION & STATE

Even if religion and state are linked in the Israeli reality – a and conversion fulfils a “greatest common denominator” likely, though by no means foregone, conclusion – Israelis need; Orthodox procedures are recognized by all the other seem unable to agree on the precise role Judaism should streams, but the same cannot be said for any of the others. play in their society. The controversy centers around two Losing this greatest common denominator would create basic questions: what brand of Judaism is to form the an ever-growing subclass of Jews unable to marry their basis of public life, and to what extent should Jewish law brethren. impinge on the private lives of Israeli citizens? In recent years, both secular and religious camps have Personal status – for instance, marriage and divorce – is begun to understand the need to compromise. Religious- an issue which brings the debate over religion and state secular dialogue has produced joint statements of to a head. principles and detailed proposals for regulating the relationship between religion and state. Recent months In Israeli law, marriages are carried out by the sanctioned have seen major public figures from the Orthodox authorities of each religious community – Muslim, the establishment coming out in favor of allowing some civil various Christian denominations, Druze and so on. For marriage. Yet the controversy over the place of Judaism Jews, this currently means that marriage and divorce are in Israel is far from over. Religion and State handled exclusively by the Orthodox Rabbinate. There is no way to conduct an interfaith marriage, and many Israelis In the following two activities, participants will confront whose Jewish status is in doubt are unable to marry at all. the issue of religion and state in Israel by studying the Opponents of the status quo argue that this situation harms test case of marriage and divorce. Having understood freedom of religion and infringes upon basic human rights. the problems and advantages of the status quo, they will Yet the recognition of alternative forms of marriage or the consider the challenge of making the system acceptable introduction of a civil procedure would have far reaching to the greatest number of Israeli citizens and concerned and possibly destructive consequences for the Jewish Jews around the world, while preserving – and perhaps identity of Israel’s Jewish citizens and the unity of Israeli even strengthening – the country’s Jewish and democratic society. The Orthodox monopoly on marriage, divorce, credentials.

Talking Points: • Is Judaism a religion, a national culture, an ethnicity, or something else? • What are the contradictions within Israel’s self-definition as a Jewish and Democratic state? Can those contradictions be reconciled? Can a democratic state have a preferred religion?  Background Take some time to study this background material on the religious and legal issues surrounding marriage in Israel. Having familiarized yourselves with the information in the pack, choose the most pertinent facts you have encountered and formulate pressing questions raised by your reading.

The Status Quo

Some History In 1949, the four religious parties joined in a temporary coalition for the First Knesset elections. They were prepared to barter their support to Labor, on condition that Labor, in turn, met their essentially religious demands. This Labor Orthodox mariage de convenance affected numerous areas of Israel’s public life. Municipal Sabbath laws were enforced in all the larger Jewish cities except Haifa. Shops, theaters, offices, and public transportation were closed for the day…. A tacit agreement between the government and the religionists virtually banned the importation of non- kosher meat …. In an interview years later, Ben Gurion explained these concessions:

… When I wanted to introduce national service conscription, the religious parties said they would of course support it but they insisted that all army kitchens be kosher. Kosher kitchens to them were of paramount importance; to me they were of subsidiary interest. It was a price I was prepared to pay for their full-fledged support on a vital defense measure…. In the same way, I agreed not to change the status quo on religious authority for matters of personal status. I know it was hard on some individuals. But I felt, again in the national interest, that it was wise to pay the comparatively small price of religious status quo. Source: Howard Sacher, A History of Israel (New York: Alfred A. Knopf, 1991) Religion and State Mishpaha Hadasha, founded in 1999 by 25 lawyers law] such as that of a Cohen [of priestly descent] and specializing in family law, protests the fact that there a divorcee; marriages involving illegitimate children; is a steadily increasing number of people in Israel who mixed couples - and in the future, also the children of cannot marry and exercise their right to have a family. Jews and Arabs and of Jews and non-Jews who met The organization’s office received some 10,000 appeals abroad or in Israel…. in 2000. Mishpaha Hadasha’s assessment, based on data from the The list of categories of marriages barred by Jewish law Central Bureau of Statistics and the National Insurance and other reasons is long. It includes, A Marriage of Inconvenience: For Many in Israel, Marriage and Family Are Not Legally among others, Recognized. Mishpaha Hadasha is Fighting to Make It Different. some 250,000 By Joseph Algazy, Haaretz, 21st January 2002. immigrants from the CIS, who are not Jewish or whose Jewishness is doubted by the Institute, is that the classic family unit of a Jewish man religious establishment; many Ethiopian immigrants; and woman married according to Jewish religious law, marriages prohibited by Jewish halakha [religious represents [only] 58 percent of the total population.  Talking points • 5% of Israeli Jews define themselves as Haredi (Ultra-Orthodox), 12& as religious, 35% as traditional, 43% as non-religious, and 5% as anti-religious. (In the United States, 42% of Jews identify themselves as Reform; 38% as Conservative; 7% as Orthodox; and 5% as “Just Jewish.”) • The vast majority of Israeli Jews who identify as “non-religious” would, if they had occasion to attend services, choose an Orthodox synagogue over a conservative or reform synagogue. • 78% of Israeli Jews believe the state should have a Jewish but not necessarily a religious character. Even 79%-88% of the non-religious and anti-religious favor an Israel that has a Jewish character. • Only 50% of Jewish Israelis believe that public life in Israel should be conducted in accordance with Jewish tradition. • 49% of Jewish Israelis favor the introduction of civil marriage (six percentage points higher than in 1991) even though only 26% consider this a viable option for themselves or members of their families. • Two thirds of Israeli Jews favor granting the Conservative and Reform movements equal status and funding with the Orthodox. • Jewish holidays are national holidays, kashrut is observed in the army and all governmental institutions, and the Orthodox rabbinate is state-funded. Most Israelis support this arrangement. • Israel is a secular state. Many businesses are open on the Sabbath, Gay pride parades are held in several cities, and Jewish law is considered by, but does not bind, the courts. Religion and State

 Marriage and Divorce – the current situation Although the rights to marriage and family are strongly Divorce In the case of divorce, the problem is even more protected under Israeli law, current policy forbids certain acute. Under Jewish law, for example, women are only free sectors of the Israeli population to marry. of the confines of marriage after their husband gives them Marriage The foundation of this contradiction lies in the a written legal annulment of the marriage, called a get. fact that the right to marry and divorce in Israel is governed Without a get, women cannot be remarried under Jewish almost exclusively by religious law. Couples of any faith law and children born to them are considered illegitimate. are required to marry according to the religious customs Such women (called “agunot”) are left in legal limbo, recognized by the State as legally binding. This means, first unable to move forward in their personal lives, “chained” of all, that couples can only be married by a recognized faith to their husbands. A get must be given voluntarily under and by the recognized representatives thereof. For Jews, Jewish law, and as such the Rabbinate is often reluctant this means that only Orthodox ceremonies are recognized; to take action against men who refuse to give them. Such those governed by the principles, liturgy and/or clergy refusal is a clear abuse of women, and the preeminence of of the progressive movements have no legal meaning in the current system in divorce proceedings leads to serious Israel. Additionally, it means that couples of mixed faith infringements of many women’s freedom in Israel. have no avenue to marry in Israel. Third, it means that no Because of the limitations on marriage and divorce non-religious marriage ceremony exists in Israel. Finally, imposed by the religious court system, significant portions it means major obstacles for new immigrants with no of the Israeli population are either unable or unwilling to proof of their religion. marry in State-recognized ceremonies. Source: Association for Civil Rights in Israel (online at www.acri.org.il)

Alternative solutions 1. Civil marriages outside of Israel In 2001: 2. Private Marriage Ceremonies ● 6,856 Israelis married abroad – 8.3% of all Israeli In certain cases, couples have held private marriage marriages. ● More than half these marriages were held ceremonies, in accordance with Jewish law but without in Cyprus. ● 75% of Israelis marrying abroad were the presence of a recognized rabbi. These ceremonies Religion and State Jewish. ● More than half of Israelis marrying abroad have been recognized by the courts in the case of couples were born in the former Soviet Union. ● Cyprus is the who are “unmarriageable” in the eyes of the Orthodox most popular location for such marriages, with 3,756 brides Rabbinate. However, the courts have not been prepared and grooms married there, a tenfold rise from 1990. to accept the validity of private ceremonies for couples Source: Central Bureau of Statistics (www.cbs.gov.il) who are able to marry through the Rabbinate and simply Limitations on the right to marry and objections to the choose not to. coercion of a religious ceremony have led to the increasing Reform and Conservative weddings phenomenon of marriages being held abroad…. These Reform and Conservative rabbis may not act as marriage marriages are recognized for the purpose of the Population registrars in Israel. In practice, couples married in Registry, regardless of whether the individuals in question non-Orthodox ceremonies overseas may register their are Jewish and whether they were legally able to marry in marriage in Israel, as the Interior Ministry is obliged Israel – however the legal effect of these marriages for to acknowledge marriages conducted abroad. Couples other purposes is questionable. married by a non-recognised rabbi in Israel have to Consular Ceremonies In instances where one member of arrange a civil ceremony overseas, on the basis of which a couple is a citizen of a foreign country, the couple may they may record their change of status in the Population legally marry at the consulate of said country…. Registry.  3. Development of alternative partnerships people are entitled to change their name to that of their common-law spouse, one of the main external signs of The main legal development in this field relates to the marriage recognized by society. The court thereby refused official recognition of de facto partnerships, which are to accept the differentiation between legally wedded not the result of an official ceremony…. couples and common-law couples, an indication the Common law marriage Many people are satisfied with court may expand this equal treatment to other issues. a common-law marriage – that is, a family life with no Civil Divorce In matters of divorce, the civil legal system official marriage ceremony and no official record of is now able to satisfy almost all the practical needs of marriage. Some of these feel no need to formalize their those wishing to dismantle the family unit as well. Still, marriage, while others who prefer to somehow formally an element of religious coercion remains, as only the establish their relationship may do so through a written rabbinical court may grant an actual writ of divorce agreement. (get). Common-law marriages receive a certain level of legal Source: Association for Civil Rights in Israel (online at recognition. The Supreme Court, in 1993, ruled that www.acri.org.il - in Hebrew) People ineligible for marriage and divorce in Israel The following statistics emerge from a review of a recent Center for Jewish Pluralism study: • In 2002, there were 246,900 Israeli citizens and residents with no official religious designation, who were entirely barred from marrying in Israel. • 2,915 Jewish Israelis are included on the Rabbinic Court administration’s list of those specifically barred from marriage (see directly below).

Reasons a person is “unmarriageable” Registry as Jewish, but whom the Rabbinate refuses to There are four categories covered by the recognize as Jews. In this context, one must recall that the “unmarriageable” list: Rabbinate conducts an inquiry regarding the religion of 1. Unmarriageable according to Jewish law every immigrant from the former Soviet Union wishing to marry, which may take months.

This category includes those who either can not marry Religion and State 3. Israeli Citizens with no Religious a specific person, or who cannot marry altogether. The Characterization most prominent example of the first group involves people defined as mamzerim (illegitimate children), born This category includes Israelis who have no officially of an extra-marital or otherwise prohibited relationship. recognized religion. This category is composed primarily Mamzerim may not marry whatsoever according to Jewish of immigrants from the former Soviet Union. law. A second example involves women who are unable According to data from the Central Bureau of Statistics, to secure a divorce from their husbands – either because 246,900 Israelis had no official religious characterization their husbands refuse to grant a divorce or because they in 2002, and thus are prohibited from marrying a Jewish are incapacitated or missing. It is estimated that 10,000 spouse in Israel. Israelis fall into this category. Another prominent example 4. Conscientious “Unmarriageables” involves a divorcee and a Cohen, who may not marry each other according to Halacha. This category includes those citizens who do not wish to participate in a marriage ritual in the context of the state 2. Immigrants not recognized by the Rabbinate establishments of their religion. These citizens usually as certain to be Jewish wish to hold a civil or alternative religious ceremony. This category includes immigrants listed in the Population Source: www.youngknesset.org.il  Talking Points: • Orthodox marriages, conversions, and divorces are recognized as legitimate by all other streams of Judaism. The same is not true for Conservative, Reform, or other denominations. • All marriages performed outside of Israel are recognized by the State, even if they would not have been legal if performed locally. • Some Israelis feel that abandoning the Orthodox standard will have destructive consequences for Jewish unity in Israel, and that several generations down the line, Jews will be separated into several groups which cannot intermarry.

Points of View: 1. Moshe Tzvi Neriah (1972) - Rabbi and former National Religious Party Knesset member The Torah of Israel is not just a religion – it is a understand complaints about “religious coercion;” the constitution…. Indeed, the Torah of Israel is the national proposal to separate religion and state is intended to protect covenant. Since Jewish law does not excuse any Jew - the non-religious citizen, in line with the view that his even those who deny their Judaism - from the obligation lack of religiosity neither benefits nor harms the country. of fulfilling the commandments, it follows that we must However, if we view religion as the heart and destiny of utilize any possible legal or social means in order to bring the nation, it is patently clear that national, public values about greater ritual observance both by individuals and in have to take priority over the interests of individuals. the public sphere. Moreover, it is universally accepted that society has the … If religion is viewed as a private matter, then we can right to impose norms and values on its citizens.

2. Avraham Burg (2004)- Former Knesset Speaker (Labour Party) Everyone talks about “tolerance for the sake of Jewish because all are situated on the same plane, that of equality unity, for the sake of unifying the people.” [But] what among individuals and their opinions…. is unity? A situation in which I divest myself of views Religion in Israel is far from most Israelis’ spiritual and positions in order to preserve uniformity with all experience. Classical, Orthodox halacha does not answer the errant masses around me? Uniformity is not unity. the needs of the majority of the public which does not Religion and State Unity is the ability to act together despite dissimilarities believe in God, does not observe the Sabbath, ignores and differences, to override disagreements. How is this the laws of family purity and eats non-kosher food…. A done? Simply by replacing the principle of tolerance, religious Jewry that is… integrated into the modern world because it is arrogant, with the principle of pluralism… and does not flee from it, and a secular Jewry that is aware the acceptance and sanctification of a multiplicity of of and respects its past and its sources – these are the key truths, where everyone else’s truth has standing equal to to the new Israel, an Israel embodying neither Teheran- my own. style fundamentalism nor identity-shattering, Greenwich- A pluralistic society enables those holding every opinion Village-style universalism. This will be a traditional and belief to live as they wish, without compulsion or democracy, incorporating the best of democratic dialogue persecution. The secular Jew is equal to the Haredi … with what is most precious in tradition and heritage.

3. Asa Kasher (2000) – Philosophy Professor and Author of the IDF’s Code of Ethics I must stress that ‘a Jewish state’ does not mean an a state of halacha, is incompatible with the idea of a ‘Orthodox state’. The idea of a Jewish state, a nation democratic state and is therefore invalid as an obligatory state of the Jewish People, is in keeping with the norm… A democratic state cannot allow discrimination principles of democracy. The idea of an Orthodox state, against women or non Jews in the form that is possible  or even requisite under halacha.… If a person wants to that does not deviate beyond the limits of democracy…. order his life according to the halakhic pronouncements However, if [the rabbi] instructs him to sell his children of a particular rabbi, he can do so within given limits, into bondage, we would not allow that. as long as the rabbi instructs him to act in a manner

Discussion Questions: • What would be the implications of changes to the relationship between Religion and State on Diaspora Jewry? On future generations of Jews? • If Israel accepts non-orthodox religious authorities for Jews, do the regulations need to be loosened with regards to other religions’ communities as well? (Eg. Christians, Muslims etc.) • If the majority of a given religion (Jews, Muslims or Christians) in Israel prefers to maintain an Orthodox monopoly in their own religion, how does this affect other religious communities? Must the State’s policy be uniform across religions? • What interaction between government and religious life is implied by each perspective?

Proposals Proposed Basic Law: Freedom of Religion and Conscience (Proposal – 24/3/2003) 1. The basic rights of a person in Israel are founded on the recognition of the worth of the human being, the sanctity of that person’s life and freedom, in the spirit of the principles of the Declaration of Independence of the State of Israel. 2. The purpose of this Basic Law is to protect Freedom of Religion and Conscience in order to anchor the values of the State of Israel as a Jewish and Democratic State in a Basic Law. 3. a. There shall be no infringement of freedom of religion, belief and conscience of any person. b. No person may be Religion and State compelled to affiliate to a religion, a religious community or a religious stream. c. A person or community is entitled to freedom of worship and religious observance. 4. There shall be no positive or negative discrimination on the basis of a person’s religion, belief or lifestyle; neither shall a person’s human or civil rights be infringed on this basis. 5. The right of a person or community to maintain a lifestyle according to their conscience shall not be limited, and no lifestyle shall be enforced on any person or community for reasons of religion or religious belief, other than for a proper purpose and limited to the extent necessary to achieve its purpose. 6. A persons’ or community’s religions feelings or conscience shall not be injured other than for a proper purpose and limited to the extent necessary to achieve its purpose. 7. Every adult shall have the right to marry and raise a family in the way he or she chooses, with no limitation on grounds of race, citizenship or religion. Partners shall have equal rights and obligations during a marriage and in the event of its dissolution. 8. Parents have the right to choose their minor children’s education, as long as this does not damage the child or infringe his/her rights. 9. A person has the right to be buried in the manner s/he chooses. 10. The State shall fund the religious services of religious communities and streams in an egalitarian manner….  Excerpts from Israel Democracy Institute’s Proposed Constitution – 2005 ● The State of Israel is a Jewish Democratic State. ● Shabbat and the Jewish holidays are the official days of rest in Israel. ● The State of Israel will guarantee the status and independence of religions. ● The State of Israel is authorized to fund religious services. ● The Holy Places will be protected from desecration, damage and anything that may harm freedom of access of members of all religions to their Holy Places, or their feelings about these places. ● Every person shall have freedom of belief and conscience. ● Every person shall have freedom of religion. ● No person’s rights shall be denied nor obligations imposed on him/her for reasons which are primarily religious.

Excerpts from Proposed Religion and State Law – MK Nahum Langental (National Religious Party) – 2000 Marriage A Civil Family Registry shall be established of burial will be preserved. by the Interior Ministry for those unable to marry within Financing Educational and Cultural Religious the existing religious framework. This channel will be Institutions Educational and cultural religious available only to those unable to marry in the existing institutions and religious services will be financed framework. Only couples who are not of the same sex commensurate with “non-religious” cultural institutions. may register in the Civil Family Registry. Religious Courts Religious Courts will deal with Divorce Couples married within the religious system will marriage, divorce, and any other matter brought before be divorced in the same framework. Those registered in the them with the consent of the concerned parties. “Family Registry” will be divorced in Family Courts. Jewish Law The existing Foundations of Law (1980) Religious Services in Israel A new legal entity, the law is repealed. The revised version of this law substitutes Authority for Religious Services, will be appointed by the the words “Jewish law” for the term “Israel’s heritage:” Minister of Religious Affairs and the Chief Rabbinate of “Where the court, faced with a legal question requiring Israel in accordance with the Rabbinate’s religious rulings. decision, finds no answer to it in statute or case law or Religion and State Burial The existing legal arrangement wherein each by analogy, it shall decide it in light of the principles of person (or his family) is entitled to choose his own method freedom, justice, equity and Jewish law.”

The Gavison-Medan Covenant: Summary of proposals for regulating marriage and divorce – 2003 By Prof. Ruth Gavison, the Hebrew University, and Rabbi Yaacov Medan, an Orthodox educator at Yeshivat Har Etzion. ● A Basic Law will ensure that every person has a right to raise a family. Details will be established in the law. ● A person may receive a marriage license from the state if s/he is single, of age, and is not closely related to the future spouse. A person will be deemed single if s/he is considered to be so by civil law and according to his/her religious law. Once the license is issued, a person can choose what sort of wedding ceremony s/he prefers, religious or civil. ● Marriages made abroad will be recognized by the state if they are not in violation of the above-mentioned conditions.  ● Divorces will be executed in civil and religious courts. A civil court may condition the divorce on the completion of a religious divorce. ● The type of marriage and divorce and who sanctioned it will be noted in the personal file of the citizen in the population registry. Proposal for Couples Registration by Dr. Shahar Lifshitz (Law Faculty, Bar Ilan University – 2002) ● The Orthodox-religious monopoly over marriages recognized by the State will be preserved. ● Couples who wish to have their partnership recognised by law but do not wish to get married will register with the Couples Registrar as partners. Their status as recognised partners will be recorded in the Population Registry and on their identity cards. ● Limitations on the right to register a partnership will be civil (for example, age of consent, prohibitions on incest and bigamy), not religious. People unable to marry under religious law will be able to register as couples. The right to register as a couple will be open to all and will not be limited to those unable to marry under religious law. ● Couples registration will bring with it all the legal rights and responsibilities of marriage. ● In place of divorce, a registered couple will be able to dissolve their partnership in a clear legal procedure through the courts.

Discussion Questions: • Should Israel have a total “wall of separation” between religion and state, including a non-establishment clause? Or may Israel fund religious institutions on an equal basis? • What constitutes a viable and acceptable relationship between religion and State in Israel? • To what extent should Jewish Law impinge on the private lives of Israeli citizens? • Who should be able to perform marriage, divorce, conversion and burial in Israel?

Talking Points: Religion and State • Matters of personal status (e.g. marriage, divorce, burial, conversion) are administered solely by the recognized clergy of each religion. • The Orthodox Rabbinate is the sole recognized Jewish clergy in Israel for matters of personal status. • Many Israelis are troubled by the fact that this prevents interfaith marriages and non-religious or non-orthodox marriage and divorce proceedings (for all religions). In matters of divorce, a Jewish woman cannot divorce without the consent of her husband. • Because of the limitations on marriage and divorce imposed by the religious court system, significant portions of the Israeli population are either unable or unwilling to marry in State-recognized ceremonies. • Marriages conducted outside of Israel are recognized by the state regardless of whether the couple could legally have married in Israel. 6,856 Israelis married abroad in 2001, 8.3% of all Israeli marriages.

 THE LAW OF RETURN

Zionist ideology was premised upon the reconstitution of citizens are non-Jewish. As a result of higher Arab birth the Jews as a free, self-determining nation in their own rates, the demography of the country continues to shift in state. In recognition of this aspiration, Israel’s Declaration their favor. of Independence declared that “The State of Israel will be open to the immigration of Jews and for the ingathering The Law of Return has not escaped controversy. It has been of exiles from all countries of their dispersion.” In 1950, suggested that an immigration policy which explicitly this principle was given shape as the Law of Return, gives priority to one ethnic or religious group cannot be enshrining this Zionist principle within Israeli law. justified in liberal democratic terms, and is incompatible with Israel’s mandate as a democratic state. The Law of Return did not stem from ideology alone; it was also a practical measure. In the wake of the Additionally, the arrival of over a million immigrants from Holocaust, the first act of the new Israeli government was the former Soviet Union since 1989 has demonstrated to abolish all restrictions on Jewish immigration. Israel, that unrestricted waves of immigration can place huge the government declared, would provide Jews the world economic, social and cultural pressures upon the state over with a haven from antisemitism. (despite the long term benefits of population growth for the Israeli economy). The Law of Return has also functioned as a means of maintaining a Jewish majority within the State of Israel The immediate and automatic granting of citizenship by promoting aliyah. During the 1940s and 50s, Israel’s may also undermine the national identity of the state and

Law of Return population balance was decisively shifted through the its democratic process by enabling new immigrants to immigration of millions of Jews. Today, even within the influence Israeli politics before demonstrating either their pre-1967 borders, more than twenty percent of Israel’s commitment or a basic grasp of the relevant issues.

 THE LAW OF RETURN

There is also fierce debate surrounding the question of Proposals from across the political spectrum to amend the “Who is a Jew,” and by extension, who is eligible to make Law of Return and resolve these issues have included: aliyah under the Law of Return. At present, the definition is based on Hitler’s Nuremberg Laws: the right of Return is ● Abolition and replacement with an egalitarian granted to any individual with one Jewish grandparent, or immigration policy. who is married to someone with one Jewish grandparent. ● Liberalization so as to include all Jews on the basis of As a result, thousands of people with no meaningful self-definition. connection to the Jewish people theoretically have the ● Tightening to include only those whose Jewish status right to immigrate. is recognized by halacha. To make matters more complicated, the Israeli Rabbinate, ● Instituting a formal naturalization process including a a purely Orthodox body, is far more stringent about its waiting period and an oath of allegiance before the definition of who is a Jew, leaving thousands of “Jewish” granting of citizenship. immigrants ineligible for marriage and unrecognized by ● Entrenchment as a Basic Law or Constitutional the state authorities. provision that would require a special majority for amendment or repeal. Despite its centrality to Israel’s civic ethos, the Law of Return exists as a regular law with no special constitutional In these units participants will have the opportunity to status. It is therefore vulnerable to the partisan pressures study Israel’s immigration policy and the issues associated of Israeli politics, and can be amended or repealed by a with it, explore avenues for reforming the Law of Return, Law of Return simple majority vote in the Knesset. and formulate recommendations on the subject for the Constitution, Law and Justice Committee of the Knesset.

 Background Take some time to study this background material on the religious and legal issues surrounding marriage in Israel. Having familiarized yourselves with the information in the pack, choose the most pertinent facts you have encountered and formulate pressing questions raised by your reading.

Israel’s Immigration Policy - Rationale 1. The Declaration of Independence – Israel have been practiced in European countries, including as the State of the Jewish People many of the new nation states established after the fall of the Soviet Union. The need to preserve a national The land of Israel was the birthplace of the Jewish people. majority, especially in cases where the minority belongs Here their spiritual, religious and political identity was to a nation that has its own, adjacent state, is not unique shaped. Here they first attained to statehood, created to Israel. cultural values of national and universal significance and Ruth Gavison “The Jews’ Right to Statehood: A gave to the world the eternal Book of Books. Defense” (Azure, Shalem Center, Summer 2003) After being forcibly exiled from their land, the people kept faith with it throughout their Dispersion and never 3. Israel as a Shelter from Antisemitism ceased to pray and hope for their return to it and for the restoration in it of their political freedom. The catastrophe which recently befell the Jewish people - the On the 29th November, 1947, the United Nations General massacre of millions of Jews in Europe - was another clear Assembly passed a resolution calling for the establishment demonstration of the urgency of solving the problem of its of a Jewish State in Eretz-Israel... This recognition by homelessness by re-establishing in Eretz-Israel the Jewish the United Nations of the right of the Jewish people to State, which would open the gates of the homeland wide to establish their State is irrevocable. This right is the natural every Jew and confer upon the Jewish people the status of a right of the Jewish people to be masters of their own fate, fully privileged member of the community of nations. like all other nations, in their own sovereign State. The Declaration of Independence The State of Israel will be open for Jewish immigration and for the Ingathering of the Exiles…. The fact is that the Law of Return is not merely a domestic The Declaration of Independence Israeli issue, but rather the common property of the entire Jewish people, in Israel and in the Diaspora. The Law of

Law of Return Return is not a secular, Ashkenazi or Sephardi invention. 2. The Law of Return and Democracy It was, even before the establishment of the state, the There are those who argue that the Law of Return is insurance voucher of every Jew in the world in the racist, one of the clearest proofs that Arab Israelis are the event of persecution on account of his or her Jewishness victims of state-sponsored discrimination. This claim is - according to the definition of the persecutors, not by baseless. The law does not discriminate among citizens. Jewish law - guaranteeing that person asylum in the State It determines who may become one. The principle of of Israel. repatriation in a nation state is grounded in both political Eliyahu Salpeter “The Danger of Tinkering with the morality and international law. The United Nations’ Law of Return” (Haaretz, December 9 1999) 1947 resolution approving the establishment of a Jewish 4. The Demographic Balance state was meant to enable Jews to control immigration to their country. Similar immigration policies based on a Numbers are not a game with us, my friend, they are a preference for people whose nationality is that of the state matter of life or death! It isn’t only that we are a pitifully  small island of Jews in a hostile Arab sea. It isn’t only toward its Arab minority … only if the latter does not that in a young country like ours, surrounded by besieged grow proportionately so large as to call into question the borders, numbers are crucial for an army to be strong distinctively Jewish character of the state and ultimately enough, for an economy to sustain itself, for towns and its very existence…. villages not to wither on the vine, for institutions to be Without numbers – and such of them as are needed able to function as they should. It’s also that within our can come only from the Diaspora, for we cannot start own official borders … we are engaged in a population producing them like rabbits – we stand as little chance race with an Arab minority whose outcome can prove here in the long run as we would without airplanes or as fateful to us as that of any military or political tanks. development…. The plain truth is that Israel can only Hillel Halkin Letters to an American Jewish Friend continue to behave in a reasonably democratic manner (Jewish Publication Society, 1977)

Talking points • The most important mission of the Zionist movement and the State of Israel has always been the “ingathering of the exiles” and the reconstitution of the Jews as a free, self-determining nation in their own land. • This mission was given a legal basis in 1950 in the Law of Return, which guaranteed all Jews the right to immigrate to Israel. • The Law of Return has a practical aspect as well. It is a major tool for maintaining a Jewish majority in Israel. • 20% of Israel’s citizens are Arabs. By 2025 that figure is projected to reach 25%.

Discussion Questions: • To what extent is Israel’s immigration policy a suitable one for: (A) A Jewish State; (B) A democratic State? Are there any contradictions between these categories? Can they be reconciled?

Law of Return – the current situation

Excerpts from The Law of Return (1950, amended 1970) Law of Return 1A. Every Jew has the right to come to this country as an oleh 2A. An oleh’s [immigrant’s] visa shall be granted to every Jew who has expressed his desire to settle in Israel, unless the Minister of Immigration is satisfied that the applicant ● is engaged in an activity directed against the Jewish people; or ● is likely to endanger public health or the security of the State… 4A. The rights of a Jew under this Law and the rights of an oleh under the Citizenship Law … are also vested in a child and a grandchild of a Jew, the spouse of a Jew, the spouse of a child of a Jew and the spouse of a grandchild of a Jew, except for a person who has been a Jew and has voluntarily changed his religion. It shall be immaterial whether or not a Jew by whose right a right under subsection 4A is claimed is still alive and whether or not he has immigrated to Israel. 4B. For the purposes of this Law, “Jew” means a person who was born of a Jewish mother or has become converted to Judaism and who is not a member of another religion.  Excerpts from the Citizenship Law, 1952 1. Israel citizenship is acquired by Return, by residence in Israel, by birth or by naturalization. 2. Every oleh under the Law of Return shall become an Israel citizen. 3. A person of full age, not being an Israel citizen, may obtain Israel citizenship by naturalization if – ● he has been in Israel for three years out of five years proceeding the day of the submission of his application; and ● he has settled, or intends to settle, in Israel, and ● he has some knowledge of the Hebrew language, and ● he has renounced his prior nationality. Prior to the grant of citizenship, the applicant shall make the following declaration: “I declare that I will be a loyal citizen of the State of Israel.”

The Conversion Debate The Law of Return defines a Jew as “A person who was amendment limiting the Law of Return’s applicability to born of a Jewish mother or has become converted to Orthodox converts, but the amendment was defeated after Judaism and who is not a member of another religion.” fierce opposition by the American Jewish community. In But the Law does not define the phrase “Converted 1989, the Supreme Court confirmed that non-Orthodox to Judaism.” Does it apply to all “Jews by choice,” converts from overseas are eligible to immigrate under whether converted by Reform, Conservative or Orthodox the Law of Return. However, people who undergo non- rabbinical courts? Or does it only pertain to those who Orthodox conversion in Israel have not been included in have converted according to Orthodox halacha? this category. In 1981, religious parties in the Knesset introduced an

High Court In Israel Accepts Some Non-Orthodox Conversions By Dan Baron, Jewish Telegraphic Agency, March 31, 2005

After 22 years of living as an Israeli, Justina Hilaria Jewish people,” according to Ha’aretz. The Orthodox Chipana can finally consider herself a full-fledged Rabbinate, which controls the observance of life-cycle member of the Jewish state. The 50-year-old native of events in Israel — including births, weddings and funerals Peru was one of 17 petitioners who won High Court of — also cried foul.

Law of Return Justice recognition of their non-Orthodox conversions In the United States, reaction to the decision broke along to Judaism on Thursday, in what the Conservative and denominational lines. “As a Conservative rabbi, I am of Reform movements hailed as a breakthrough for efforts course delighted that the High Court in Israel has mandated to introduce more religious pluralism to Israel. Orthodox the recognition of conversions performed by Conservative rabbis and politicians disagreed. rabbis in America,” said Rabbi Joel Roth, a scholar of By a vote of 7-4, the High Court ordered the state to Jewish law and the former head of the Jewish Theological recognize “leaping converts”— so called because they Seminary’s Law Committee…. “I accept as valid any study in Israeli institutes but then convert with Reform conversion that complies with halachic requirements, and or Conservative rabbis abroad… But the ruling did not conversions that do not, I do not accept.” endorse Reform and Conservative conversions performed The Orthodox Union, on the other hand, said it is “deeply in Israel. concerned” by the ruling. “The court’s decision may Shas Chairman Eli Yishai called the ruling an “explosives eventually lead to the division of the people of Israel into belt that has brought about a suicide attack against the two camps. There will be a group of halachically valid  Jews and a group of people who are Jewish only by the it can really happen.” ruling of the Supreme Court,” the union said. But should she want to marry to her Israeli-born boyfriend, For the petitioners, however, the ruling was a long- Yosef Ben-Moshe, she will have to go on waiting or do it overdue relief. “I always dreamed of really belonging to abroad: The chief rabbinate in Israel remains exclusively the country,” Chipana, who first came to Israel in 1983, Orthodox, and its grip on life-cycle events remains told JTA. In 1993 she converted at a Reform congregation unchallenged…. in Argentina, and filed the lawsuit in 1999. “Now perhaps

Talking points: • The Law of Return has been criticized from both Orthodox Jewish perspectives (allowing in as “Jews” persons not recognized as Jewish by most religious standards), and from liberal democratic perspectives (preferring one ethnic group over others). • The law of return has been amended twice since its inception: once in 1954 to exclude past criminals who might threaten the public safety; and once in 1970 to include the expanded definition of a Jew the immediate family members who have the right to citizenship under the Law of Return (Section 4A). Prior to this, the law merely stated that “Every Jew has the right…” • The law of return is not a Basic Law or constitutional provision. It can be overturned by a 2-1 majority in parliament.

Discussion Questions: Which of the following positions do you identify with? – The Law of Return should recognize anyone who converts to Judaism through a rabbi attached to any of the main streams of Judaism (Reform, Conservative, Reconstructionist, Orthodox) whether in Israel or overseas – The Law should recognize as Jewish only those who convert through an Orthodox rabbinical court – The Law should recognize all non-Orthodox converts from the Diaspora, but should not license non- Orthodox conversions that take place in Israel

– The Law should recognize as Jewish any person who identifies as such and is active in a Jewish community; Law of Return the state should not insist on a formal conversion Which of the following positions do you identify with? What are the advantages and disadvantages of each? – The Law of Return should be amended so as to apply to Jews only – Non-Jewish family members should be admitted to Israel only if they have a meaningful connection with the Jewish people or are victims of antisemitism – The family provisions of the Law of Return should be limited to the immediate relatives of Jewish immigrants or Israeli citizens – The Law of Return must continue to protect the rights of all potential victims of antisemitism to immigrate to Israel What might be some of the positive and negative consequences of each of these positions?  Non-Jewish Immigration The Law of Return grants the right to immigrate to Jews, people with one Jewish grandparent. their children, grandchildren, spouses, children’s spouses, Controversy exploded when, beginning in 1989, a wave of and grandchildren’s spouses, providing none of these has immigration from the former Soviet Union brought with it voluntarily converted out of Judaism. This formula stems hundreds of thousands of people who many see as non-Jews. from Israel’s goal of providing a refuge from antisemitism Consider these issues in light of the article and questions and reflects the fact that the Nazi persecution affected even below: As more non-Jews come to Israel, Israelis re-examine Russian aliyah By Jessica Steinberg, Jewish Telegaphic Agency, Sept. 10, 2002

Nearly 1 million immigrants have moved to Israel from of the fervently Orthodox Shas Party, and Chief Rabbis the former Soviet Union since the floodgates opened in the Yisrael Meir Lau and Eliyahu Bakshi-Doron, want to limit late 1980s — and as many as a quarter of them are not Jews the Law of Return to halachic Jews. Israel cannot continue according to religious law, experts say. to bring entire Christian families to Israel, the chief rabbis Though immigration has tailed off sharply in recent years, said, according to Israeli media. Without immediate the percentage of non-Jews among the immigrants has risen changes to the Law of Return, Yishai warned, “By the as high as 70 percent, according to Israel’s chief rabbis. end of the year 2010 the State of Israel will lose its Jewish The Interior Ministry puts the figure slightly lower — at 58 identity.” percent for the first half of 2002 — but still far above what Others, such as the chairman of the Jewish Agency it was in previous years. for Israel, Sallai Meridor, are equally adamant that the The controversy over Russian immigration is not academic. Russian immigration should continue, but say the current With Israel defining itself as the Jewish state — and with conversion process should be changed to make conversions the rigorously Orthodox rabbinate in charge of issues more available and less degrading. such as marriage, divorce and burial — an influx of large A third stance, taken by Yisrael Ba’Aliyah, holds that numbers of non-Jews raises difficult societal questions. the Law of Return shouldn’t be tampered with, but that Should non-Jewish immigrants be allowed to undergo the time has come for the Jewish Agency to stop actively Reform or Conservative conversions, for example, or must seeking potential immigrants whose [closest relation to the they go the more demanding Orthodox route? Indeed, Jewish people is through a grandparent.] Yet the search some ask, should they have to convert at all? Or are the for potential immigrants is a crucial one for Israel, as responsibilities of Israeli citizenship, such as military demographic projections show that — absent significant service, the price of entry to the Jewish people? immigration — Arabs will outnumber Jews between the

Law of Return Russian immigration has “forced Israeli society to find Mediterranean Sea and the Jordan River within several practical solutions for problems that didn’t exist 10 years generations. ago,” remarks Eli Kazhdan, executive director of Yisrael Israel needs immigrants, and that’s the Jewish Agency’s job, Ba’Aliyah, Israel’s largest Russian political party. It also said Mike Rosenberg, head of the Jewish Agency’s aliyah has infused the country with a fresh dose of Zionism at a department. “We bring them to Israel, give them a home, time when patriotism has fallen prey to cynicism in much a passport, a job. Their absorption is very successful,” of Israeli society. Rosenberg said. “They didn’t come to Israel to join the While most Israelis generally welcome the idea of Christian or Arab population. The only thing they’re immigration, opinions differ widely on the implications of missing is the stamp of the rabbinate, and the rabbinate the huge Russian immigration for the Jewish state. Recent isn’t open-minded and willing to let them convert.” immigrants from the former Soviet Union now make up Once conversions become part of the absorption process, nearly one-sixth of the Israeli population…. he said, there won’t be any question of whether Russian Certain Israeli leaders, such as Interior Minister Eli Yishai immigrants identify or are identified as Israeli Jews….  FactFact 1 – WorldWorld Jewish PopulationPopulation and ImmigrationImmigration ttoo IIsraelsrael ((selectedselected ccountries)ountries)

Country Jewish % of World # of Immigrants to Israel, Population, 2002 Jewry, 2002 2004 WORLD 13,296,100 100 22485 United States 5,700,000 42.9 2194 Israel 5,025,000 37.8 - France 519,000 3.9 2368 Canada 364,000 2.7 338 United Kingdom 273,500 2.1 399 Russia 265,000 2.0 4091 Argentina 195,000 1.5 488 Ukraine 100,000 0.8 3143 Australia 99,000 0.7 80 Brazil 97,300 0.7 252 South Africa 78,000 0.6 99 * 3800 immigrants arrived from Ethiopia in 2004 Source – World Jewish Population (2002) by Professor Sergio della Pergola (www.jafi.org.il) and Ministry of Immigrant Absorption (www.moia.gov.il)

FactFact 2 The Population of Israel in 2003 was 6,689,700. Of these 5,129,800 (77%) were Jews and 1,282,800 (19%) were Arabs. By 2025, Israel’s population is projected to be 9,261,700. Of these 6,506,900 (70%) will be Jews and 2,320,000 (25%) will be Arabs.

Source – Central Bureau of Statistics (www.cbs.gov.il) FactFact 3 Israel has always been a society of immigrants. In 1948 – 35% of IIsraelissraelis wwereere nnativeative borborn.n. TThishis figurfiguree rroseose ttoo 42% by 1972 and to 67% by 2003. Today, half of all native born Israelis are first generation (their fathers were born outside Israel).

Source – Central Bureau of Statistics (www.cbs.gov.il) Law of Return FactFact 4 From 1990-2003, 908,400 people immigrated to Israel from the formerformer SovietSoviet Union. Of these,these, 671,800671,800 (74%)(74%) werewere Jews and 236,600 (26%) were non-Jews. Source – Central Bureau of Statistics (www.cbs.gov.il) FactFact 5 New immigrants to Israel receive an “absorption babasket”sket” of financial support. A new immigrant family receives 29,632 NIS (= 2469 NIS per month over the first year in Israel), plus an additional 6000-9000 for each child depending on age. A single immigrant receives 15542 NIS (= 1295 NIS per month over a year) The average monthly expenditures for an Israeli family of two are 9103 NIS per month, and for a single person household – 5853 NIS per month. Source - Ministry of Immigrant Absorption (www.moia.gov.il)

 Discussion Questions What problems could be caused as a result of waves of mass immigration? Which of these problems could be solved by a separation of the immigration and naturalization processes? Should the State of Israel (the Knesset, courts, government) have a role to play in defining Who is a Jew, or would it be better for the State to refrain from expressing an opinion – for example by accepting people as Jewish based on the declaration of an outside Jewish institution? Immigrants of debatable Jewish status The Law of Return’s provision enabling family members The Israeli government has recently decided to enable of Jews to immigrate to Israel does not apply if that the immigration of up to 20,000 Falash Mura, but this family member voluntarily converted out of Judaism. decision has not met with universal approval. This is due But this seemingly clear-cut point raises certain practical to concerns over the Judaism of the Falash Mura, and the ambiguities. suspicion that there are many more of them than Israel What is the status of people whose Jewish connections are currently predicts. unclear or subject to debate? One such group is the Falash Explore the debates over immigrants of debatable Jewish Mura, Ethiopians who belong to what they call “Beta Israel” status by reading the following article and discussing the – but who have been Christian for several generations. questions.

Criticism mounts as groups ready for Falash Mura hearing By Dina Kraft, Jewish Telegraphic Agency, Jan 14, 2004

The plane landed at Ben-Gurion Airport shortly after midnight and the Ethiopian passengers filled the plane’s doorway, lining up to make their way down the stairs and set foot in their new home. The planeload of immigrants, which arrived in Israel on Some Ethiopian-Israeli Jews say many professing to be Tuesday, was the latest in a steady trickle of Falash Mura Falash Mura are fraudulently claiming Jewish heritage to making their way from Africa to the Promised Land. But escape Ethiopia’s crushing poverty.[But] according to a their comrades back home are still waiting for that trickle census conducted by groups advocating their immigration, to turn into the wave promised nearly a year ago by the some 26,000 are able to prove maternal Jewish roots and Israeli government. In Israel, criticism about the planned therefore fit the current Israeli government criteria to transfer of the Falash Mura community — and the long move to Israel. delay — is mounting. Livni has said publicly that the Falash Mura can’t be

Law of Return The Falash Mura are Ethiopians whose Jewish ancestors brought en masse without proper plans and sufficient converted to Christianity, many under coercion, but who funds for their absorption, estimated at $100,000 per recently have reverted to Jewish practices. Opponents person over a lifetime…. of their immigration are asking whether the flow of Among the government’s critics is Avraham Neguise, Ethiopians will ever stop and how Israel will finance the executive director of South Wing to Zion, an Israeli transfer and absorption of the Falash Mura community. advocacy group for Falash Mura. “Putting economic Many Falash Mura in Israel accuse the government of considerations before saving Jews is a crime against dragging its feet since a landmark Cabinet decision last Zionism,” he said. “It is very, very difficult to imagine February to bring all the Falash Mura to Israel, but other why, when they are begging other Jews to come from Ethiopian-Israeli Jews still have doubts about the Falash countries like Russia, America and Argentina, they are Mura’s Jewish credentials — even though Israel’s Chief raising the question of money for the Ethiopian Jews. I Rabbinate and the three main religious denominations have no doubt there is discrimination,” Neguise said. have said they’re Jews….  Talking points • Many “Jews” who come to Israel under the Law of Return are not recognized by the Israeli Rabbinate, and thus are unable to marry in Israel. • Non-Orthodox converts are admitted to Israel under the Law of Return • According to the Interior Ministry, 58% of immigrants to Israel in 2002 were not Jewish. According to Israel’s Chief Rabbinate, the figure is 70%.

Discussion Questions How should a “Jew” be defined for the purposes of the Law of Return? What problems arise from the various potential definitions? How might different definitions of a “Jew” affect the following issues: - The unity of the Jewish people? - The Jewish/non-Jewish demographic balance? - Jewish Pluralism? - Israel-Diaspora relations?

Points of View on Law of Return

Hanoch Marmari Former Editor of Haaretz For the vast majority of Jews who remain in their home point will sharpen the dilemma already faced by portions countries, Israel is not a long-awaited dream, but a worst- of world Jewry and will force them to make a choice: to case scenario. Young people send their elderly parents bind their destiny to Israel or to stay at home…. and sick relatives to Israel to benefit from social security, [The expiration of the Law of Return] will make clear Law of Return while they migrate to the West or remain at home…. In that aside from a Jewish people and a Jewish religion and instead of strengthening us (numerically, economically, a Jewish minority in other countries, there is also a Jewish militarily), many of the Jewish immigrants arriving in State - sovereign, normal, Hebrew-speaking, and with its Israel are a burden. own minority groups…. It will mean the end of Israel’s I suggest setting a clear, symbolic cut-off point for the Law of economic dependence on world Jewry and the end of Return: 25 years from the State of Israel’s 50th anniversary…. the legal connection between Israel and the Diaspora. The Law will expire, according to this suggestion, in May Of course, the strong, unique link between Israel and 2023, on Israel’s 75th Independence Day. world Jewry will not evaporate, and the institutional Don’t panic. World Jewry does not have to start packing and cultural connections will continue and deepen. But, their bags. They can stay where they are. Their children conversely, the Jewish Agency will be able to bring its will grow up knowing they have a decision to make - aliyah emissaries back home. when they are old enough to do so. Yet the Law’s cut-off Haaretz, November 11, 1994  Ruth Gavison Haim Cohen Human Rights Professor of Law at the Hebrew University of Jerusalem Israeli citizenship is a subject that must be treated three to five years, after he has made a declaration of seriously, and should require a period of acculturation and loyalty to the state and demonstrated a certain degree of a declaration of loyalty to the state before being awarded proficiency in the Hebrew language and… acquaintance – even to someone who immigrated in accordance with with Jewish heritage, the history of the state and its the Law of Return. We [should] differentiate between institutions…. The immigrant’s induction into full Aliyah – fulfilling the right to settle in Israel – and the mandatory service in the security forces will immediately acquisition of citizenship, which also affords the right of exempt him from the waiting period and from the other political participation in elections…. requirements. A person who is eligible to immigrate under the Law of From The Gavison-Medan Covenant – Return … [should] be eligible for naturalization after… Main Points and Principles Proposals for reforming the Law of Return. Please choose the reforms which you would like to see implemented. Feel free to formulate other reforms which you believe in but which do not appear on the list. 1. The Law of Return should be repealed in favor of an 5. The Law of Return should be liberalized so as to immigration policy which does not discriminate on recognize all Jews on the basis of self-identification. grounds of ethnicity or religion. 6. The Law of Return’s scope should be widened so as 2. The Law of Return should be phased out over ten years, to include not only the grandchildren but the great- with the exception of Jews suffering from persecution grandchildren of Jews. who will always be entitled to immigrate to Israel. 7. Law of Return should be amended to include only 3. The Law of Return should be amended so as to those with a meaningful connection to the Jewish include only people who are Jewish according to people and to exclude non-Jews with only distant Orthodox halacha (children of a Jewish mother or Jewish family connections. those converted by an Orthodox rabbinical court). 8. All immigrants should be obliged to participate in a 4. The Law of Return should be amended so as to include 3 year citizenship program including Hebrew, Jewish only people who are Jewish according to Orthodox heritage, and civics studies, at the end of which their halacha. In parallel, new legislation should provide naturalization would be contingent upon swearing an for the naturalization of members of the Jewish people oath of allegiance to the State of Israel. whom halacha does not recognize. 9. Other Excerpts from The Gavison-Medan Covenant: Law of Return Summary of proposals for Return and Citizenship - 2003 By Ruth Gavison, Haim Cohen Human Rights Professor of Law at the Hebrew University, and Rabbi Yaacov Medan, an educator at Yeshivat Har Etzion.

A. The Principle of Return of the following criteria: Leads a Jewish lifestyle, or A Basic Law will be promulgated to the following effect: Suffers persecution on account of being Jewish. 1. Every member of the Jewish people is eligible to A person who considers himself a member of another immigrate to Israel. Specific provisions to this effect religion will not fall under Section 4. will be anchored in law. Other laws and regulations will specify that: 2. In this Basic Law, a “member of the Jewish people” is One way of joining the Jewish people is through defined as: a. The child of a father or mother who is conversion. However, for purposes of being considered Jewish according to halakha, or b. An individual who a “member of the Jewish people” as defined in this has joined the Jewish people, and who fulfills one Basic Law, conversion is not the only way to join the  Jewish people. Return will receive an entry permit into Israel. He will be In any place where there is a distinct Jewish community eligible for naturalization after the passage of… three to with its own mandatory practices that define its identity five years, after he has made a declaration of loyalty to and its members’ affiliation to it, an individual who the state and demonstrated a certain degree of proficiency consistently follows these practices and is a member in the Hebrew language and a certain acquaintance with of that community will be considered to have joined Jewish heritage, the history of the state and its institutions. the Jewish people. The immigrant’s induction into full mandatory service in B. Arrangements for Acquiring Citizenship the security forces will immediately exempt him from the A person who is eligible to immigrate under the Law of waiting period and from the other requirements.

Excerpts from Proposed Basic Law: The State of Israel as the State of the Jewish People 1. The State of Israel is a Jewish and democratic state, and it is the state of the Jewish People. 2 a. The state of Israel shall act for the unification of the Jewish People and for the well-being of members of the Jewish people wherever they may be. 4 a. The State of Israel shall encourage the ingathering of the exiles and Jewish settlement in the Land. b. Every Jew shall have the right to immigrate to Israel, unless the Minister of the Interior states that there is a high probability that the applicant will endanger the public peace, health, or security. c. Every Jew who immigrates to Israel shall have the right, according to the laws of the state, to Israeli citizenship. d. Nothing in this Article shall be construed to prevent others from acquiring citizenship according to the conditions established in law.

Return of the Law of Return By Ilan Marciano, Ynet (www.ynetnews.com), March 13, 2005

Poraz proposes applying Law of Return to great grandchildren of Jews. The Law of Return should also be applied to the great grandchildren of Jews, former interior minister Avraham Poraz proposed Monday in an amendment to the bill… According to the current law, the children or grandchildren of a Jew, the spouse of a Jew, or the spouse of a child or grandchild of a Jew has the right to become an Israeli citizen. As a result of this law, says Poraz, great grandchildren of Jews cannot make aliyah to Israel, which in turn can cause them great

hardship. Poraz added that cabinet decisions applying the Law of Return to the Falash Mura from Ethiopia gives the Law of Return law added meaning and discriminates against potential immigrants from other countries. Discussion Questions: What are the advantages and disadvantages of the various proposals? • Which of the proposals would have a positive influence on Israel’s Jewish character? Which might damage it? • What impact would the various proposals have on Israel’s democratic character? • How do would each of the various proposals affect you as Diaspora Jews or affect your relationship with the State of Israel? • Which of the following criteria are legitimate elements of a democratic country’s immigration policy?  Criminal record  Danger in country of origin  Economic status  Educational level  Ethnicity  Health  Limit on total number of immigrants  National identity  Parents’ background  Profession  Region of origin  Religion  Other 

RELIGION & STATE

Talking Points and Discussion Questions for the facilitator

· There is no formal separation of religion and state in · Marriages conducted outside of Israel are recognized Israel. Judaism is seen as both the country’s national by the state regardless of whether the couple could culture and the institutional religion. As such, it plays legally have married in Israel. 6,856 Israelis married a major role in Jewish life. abroad in 2001, 8.3% of all Israeli marriages. (page 6). · Jewish holidays are national holidays, kashrut is observed in the army and all governmental institutions, · To what extent should Jewish Law impinge on the and the Orthodox rabbinate is state-funded. private lives of Israeli citizens? Most Israelis support this arrangement. · Who should be able to perform marriage, divorce, · Israel’s most pressing existential paradox lies in conversion and burial in Israel? its definition as a Jewish and democratic state. · Orthodox marriages, conversions, and divorces (pages 2,3) are recognized as legitimate by all other streams of · Israel is a secular state. Many businesses are open on Judaism. The same is not true for Conservative, the Sabbath, Gay pride parades are held in several Reform, or other denominations. cities, and Jewish law is considered by, but does not · Some Israelis feel that abandoning the Orthodox bind, the courts. standard will have destructive consequences for Jewish unity in Israel, and that several generations down the · Is Judaism a religion, a national culture, an line, Jews will be separated into several groups which ethnicity, or something else? cannot intermarry. (page 8) · What are the contradictions within Israel’s self- · 5% of Israeli Jews define themselves as Haredi (Ultra- definition as a Jewish and Democratic state? Orthodox), 12& as religious, 35% as traditional, 43% Can those contradictions be reconciled? Can a as non-religious, and 5% as anti-religious. (In the democratic state have a preferred religion? United States, 42% of Jews identify themselves as · Matters of personal status (e.g. marriage, divorce, Reform; 38% as Conservative; 7% as Orthodox; and burial, conversion) are administered solely by the 5% as “Just Jewish.”) recognized clergy of each religion. · Statistic about the percentage of Israeli Jews who · The Orthodox Rabbinate is the sole recognized Jewish identify as “non-religious” who, if forced to choose a clergy in Israel for matters of personal status. (page 5) synagogue, would choose an Orthodox one rather than · Many Israelis are troubled by the fact that this prevents a conservative or reform. interfaith marriages and non-religious or non-orthodox marriage and divorce proceedings (for all religions). · What would be the implications of changes to In matters of divorce, a Jewish woman cannot divorce the relationship between Religion and State on without the consent of her husband. (pages 5, 6) Diaspora Jewry? On future generations of Jews? · Because of the limitations on marriage and divorce imposed · If Israel accepts non-orthodox religious authorities by the religious court system, significant portions of the for Jews, do the regulations need to be loosened Israeli population are either unable or unwilling to marry in with regards to other religions’ communities as State-recognized ceremonies. (pages 5,7) well? (Eg. Christians, Muslims etc.) · If the majority of a given religion (Jews, Muslims the Sabbath, Gay pride parades are held in several or Christians) in Israel prefers to maintain an cities, and Jewish law is considered by, but does not Orthodox monopoly in their own religion, how bind, the courts. does this affect other religious communities? Must/ should reform be uniform. · Is Judaism a religion, a national culture, an · Israelis seem unable to agree on the precise role ethnicity, or something else? Judaism should play in their society. Controversy · What are the contradictions within Israel’s self- centers around two basic questions: what brand of definition as a Jewish and Democratic state? Judaism is to form the basis of public life? And to Can those contradictions be reconciled? Can a what extent should Jewish law impinge on the private democratic state have a preferred religion? lives of Israeli citizens? · Matters of personal status (e.g. marriage, divorce, · 78% of Israeli Jews believe the state should have a burial, conversion) are administered solely by the Jewish but not necessarily a religious character. Even recognized clergy of each religion. 79%-88% of the non-religious and anti-religious favor · The Orthodox Rabbinate is the sole recognized Jewish an Israel that has a Jewish character. clergy in Israel for matters of personal status. (page 5) · Only 50% of Jewish Israelis believe that public life in · Many Israelis are troubled by the fact that this prevents Israel should be conducted in accordance with Jewish interfaith marriages and non-religious or non-orthodox tradition. marriage and divorce proceedings (for all religions). · 49% of Jewish Israelis favor the introduction of civil In matters of divorce, a Jewish woman cannot divorce marriage (six percentage points higher than in 1991) without the consent of her husband. (pages 5, 6) even though only 26% consider this a viable option for · Because of the limitations on marriage and divorce themselves or members of their families. imposed by the religious court system, significant · Two thirds of Israeli Jews favor granting the portions of the Israeli population are either unable or Conservative and Reform movements equal status and unwilling to marry in State-recognized ceremonies. funding with the Orthodox. (pages 5,7) · Marriages conducted outside of Israel are recognized by · Should Israel have a total “wall of separation” the state regardless of whether the couple could legally between religion and state, including a non- have married in Israel. 6,856 Israelis married abroad in establishment clause? Or may Israel fund religious 2001, 8.3% of all Israeli marriages. (page 6). institutions on an equal basis? · What constitutes a viable and acceptable · To what extent should Jewish Law impinge on the relationship between religion and State in Israel? private lives of Israeli citizens? Please refer to models on pages 10-11? · Who should be able to perform marriage, divorce, · There is no formal separation of religion and state in conversion and burial in Israel? Israel. Judaism is seen as both the country’s national · Orthodox marriages, conversions, and divorces culture and the institutional religion. As such, it plays are recognized as legitimate by all other streams of a major role in Jewish life. Judaism. The same is not true for Conservative, · Jewish holidays are national holidays, kashrut is Reform, or other denominations. observed in the army and all governmental institutions, · Some Israelis feel that abandoning the Orthodox and the Orthodox rabbinate is state-funded. standard will have destructive consequences for Jewish · Most Israelis support this arrangement. unity in Israel, and that several generations down the · Israel’s most pressing existential paradox lies in its line, Jews will be separated into several groups which definition as a Jewish and democratic state. (pages cannot intermarry. (page 8) 2,3) · 5% of Israeli Jews define themselves as Haredi (Ultra- · Israel is a secular state. Many businesses are open on Orthodox), 12& as religious, 35% as traditional, 43% as non-religious, and 5% as anti-religious. (In the what extent should Jewish law impinge on the private United States, 42% of Jews identify themselves as lives of Israeli citizens? Reform; 38% as Conservative; 7% as Orthodox; and · 78% of Israeli Jews believe the state should have a 5% as “Just Jewish.”) Jewish but not necessarily a religious character. Even · Most Israeli Jews who identify as non-religious would, 79%-88% of the non-religious and anti-religious favor if they needed a synagogue, choose an Orthodox one an Israel that has a Jewish character. over a Conservative or Reform one. · Only 50% of Jewish Israelis believe that public life in Israel should be conducted in accordance with Jewish · What would be the implications of changes to tradition. the relationship between Religion and State on · 49% of Jewish Israelis favor the introduction of civil Diaspora Jewry? On future generations of Jews? marriage (six percentage points higher than in 1991) · If Israel accepts non-orthodox religious authorities even though only 26% consider this a viable option for for Jews, do the regulations need to be loosened themselves or members of their families. with regards to other religions’ communities as · Two thirds of Israeli Jews favor granting the well? (Eg. Christians, Muslims etc.) Conservative and Reform movements equal status and · If the majority of a given religion (Jews, Muslims funding with the Orthodox. or Christians) in Israel prefers to maintain an Orthodox monopoly in their own religion, how · Should Israel have a total “wall of separation” does this affect other religious communities? Must/ between religion and state, including a non- should reform be uniform. establishment clause? Or may Israel fund religious · Israelis seem unable to agree on the precise role institutions on an equal basis? Judaism should play in their society. Controversy · What constitutes a viable and acceptable centers around two basic questions: what brand of relationship between religion and State in Israel? Judaism is to form the basis of public life? And to Please refer to models on pages 10-11?

LAW OF RETURN

Talking Points and Discussion Questions for the facilitator · The most important mission of the Zionist movement · To what extent is Israel’s immigration policy a and the State of Israel has always been the “ingathering suitable one for: a. a Jewish State, b. a democratic of the exiles” and the reconstitution of the Jews as a state? Are there any contradictions between these free, self-determining nation in their own land. categories? Can they be reconciled? This mission was given a legal basis in 1950 in the Law of Return, which guaranteed all Jews the right to · Under the law of return, any Jew, child of a Jew, immigrate to Israel. grandchild of a Jew, and his or her spouse and minor The Law of Return has a practical aspect as well. it children are eligible for immediate immigration and is a major tool for maintaining a Jewish majority in naturalization in Israel. Israel. · This definition is derived from Hitler’s Nuremberg · 20% of Israel’s citizens are Arabs. By 2025 that figure Laws, and was expressly designed to protect anyone who will reach 25%. would have been persecuted as a Jew by the Nazis. · Immigrants under the Law of Return are extended · Over 1 million people from the former Soviet Union immediate and automatic citizenship. They may vote have immigrated to Israel since 1989. Of these, up to and participate fully as citizens without demonstrating 250,000 are not Jewish according to halacha. commitment, understanding, or even a knowledge of · Immigrants place short- and long-term financial Hebrew. pressures on the state. For instance, an Ethiopian Many “Jews” who come to Israel under the law of immigrant is expected to cost the state approximately return are not recognized by the Israeli Rabbinate, and $100,000 over his lifetime. are thus unable to marry in Israel. · Non-orthodox converts are admitted to Israel under · What problems could be caused as a result of waves the law of return. of mass immigration? Which of these problems · According to the Interior ministry, 58% of immigrants could be solved by a separation of the immigration to Israel in 2002 were not Jewish. According to Israel’s and naturalization processes? chief rabbinate, the figure is 70%. · Should the State of Israel (the Knesset, courts, government) have a role to play in defining Who is · How should a “Jew” be defined for the purposes of a Jew, or would it be better for the State to refrain the Law of Return? from expressing an opinion – for example by · What problems arise from the various potential accepting people as Jewish based on the declaration definitions? of an outside Jewish institution? · How might different definitions of a “Jew” affect · The law of return is not a Basic Law or constitutional the following issues: provision. It can be overturned by a 2-1 majority in - The unity of the Jewish people? parliament. - The Jewish/non-Jewish demographic balance? · The Law of Return does not constitute Israel’s entire - Jewish Pluralism? immigration policy. Other laws allowing or limiting - Israel-Diaspora relations? citizenship include the Entrance into Israel Law and · The Law of Return has been criticized from both the Citizenship Law. Orthodox Jewish perspectives (allowing in as “Jews” · Russia’s Jewish population in 2002 was 265,000. in persons not recognized as Jewish by most religious 2004, it was the largest contributors of immigrants standards), and from liberal democratic perspectives to Israel, with 4091. The Jewish population of the (preferring one ethnic group over others). United States is 5.7 million (more than 20 times that · The law of return has been amended twice since of Russia). In 2004, it contributed 2,194 immigrants. its inception: once in 1954 to make slight technical (page 21) adjustments, and once in 1970 to provide a definition of a Jew as a child of a Jewish mother or a convert, and to · Please refer to the Proposals for Law of Return extend the law of return to include the family of a Jew, up Reform (page 22) to grandchildren. · What are the advantages and disadvantages of the · 1/3 of all Israeli citizens were born outside of Israel, various proposals? down from nearly 2/3 in 1948. · Which of the proposals would have a positive · Immigrants under the Law of Return are automatically influence on Israel’s Jewish character? Which and immediately granted naturalization. Some feel might damage it? that this exposes Israel to unrestricted waves of · What impact would the various proposals have on immigration, enabling newcomers to determine the Israel’s democratic character? future of the country by voting in elections before · How do would each of the various proposals affect they have demonstrated their commitment or begun to you as Diaspora Jews or affect your relationship understand the issues at stake. with the State of Israel?