Israel's Supreme Court ruled on Tuesday that the government must draft ultra-Orthodox Jews into the military, a mandate that could destabilize Prime Minister Benjamin Netanyahu's fragile coalition. This ruling also demands that the government withdraw funding from religious schools, or yeshivas, whose students do not comply with draft notices.
"The government wanted to distinguish at the level of law enforcement between individuals based on their group affiliation," the court stated in its ruling. "It was determined that by doing so, the government seriously harmed the rule of law and the principle according to which all individuals are equal before the law."
Historically, ultra-Orthodox (or Haredi) Jews have been exempt from Israel's mandatory military service, spending much of their early lives in religious study. The ultra-Orthodox community views yeshivas as fundamental to preserving Judaism, equating their importance to that of military service. However, this longstanding exemption has been a point of contention, as many Israelis believe it creates an unfair disparity in national duties.
Eliad Shraga, chair of the Movement for Quality Government in Israel, hailed the ruling as a victory for equality. "The Supreme Court ruling puts an end to 76 years of unlawful inequality and discrimination. We will no longer agree to the absurd situation where there are those who give to the state, contribute and even risk their lives, and there are those who do nothing."
Netanyahu's coalition, which includes two ultra-Orthodox parties, United Torah Judaism and Shas, has been trying to pass legislation to enshrine the Haredi draft exemption into law. Netanyahu's party, Likud, responded to the ruling by emphasizing that legislative action remains "the real solution to the conscription problem."
Aryeh Deri, leader of the Shas party, decried the court's decision. "Even here, in the Jewish state, alongside our precious fighters who sacrifice their lives against the enemies, we will continue to guard those who learn the Torah, which preserves our special power and creates miracles in battle," he said.
Despite the ruling, some members of Netanyahu's coalition downplayed its immediate impact. Moshe Roth, a member of the United Torah Judaism party, told CNN, "Nothing is going to change practically. Many see this as kind of muscle flexing."
Military leaders have expressed concerns about integrating large numbers of ultra-Orthodox men into the Israel Defense Forces (IDF) due to their specific religious requirements. Gilad Malach, director of the Ultra-Orthodox in Israel program at the Israel Democracy Institute, stated, "The army needs to do some change in order to conscript them. According to the army, next year the army can receive 4,800."
The ruling comes amid ongoing conflict and internal political strife. Benny Gantz, an opposition leader, recently left Netanyahu's war cabinet, highlighting cracks in the government's wartime solidarity. Defense Minister Yoav Gallant and IDF Chief of Staff Herzi Halevi have both publicly criticized Netanyahu's attempts to exempt Haredi Jews from conscription.
"Every such battalion that we establish, an ultra-Orthodox battalion, decreases the need for the deployment of many thousands of reservists thanks to the mandatory service people," Halevi said earlier this month. "We want to expand the base as much as possible - of those who come to enlist, I tell you that there is an opportunity for change in the ultra-Orthodox community."
This is not the first time the Supreme Court has addressed the Haredi exemption. In 1998, the court ruled that allowing Haredim to avoid conscription violated equal protection principles. Successive governments and Knessets have tried to resolve the issue, only to be told by the court that their efforts were illegal.
A February poll conducted by the Israel Democracy Institute found that 64% of Israeli respondents and 70% of Jewish Israeli respondents believe the Haredi exemption "should be changed."
