Religious Pluralism

From THE RELIGIOUS ACTION CENTER

Background

The issue of civil and religious rights for non-Orthodox Jews in Israel is one of the most important issues facing Progressive Judaism worldwide.

Although there has always been tension in Israel between the religious establishment and progressive or secular Jews, it has never been as heated or intense as the current crisis between the Orthodox authorities and the progressive Jewish movements. Beginning with the "Who is a Jew?" debates in the 1980s, the issue has increasingly become more complex and emotional.

In North America, 86 percent of affiliated Jews belong to Conservative, Reform or Reconstructionist synagogues. In Israel, although non-Orthodox movements are quickly becoming a viable alternative for Israelis, fewer than 4 percent of Israeli Jews claim to belong to these movements. Although the numbers vary significantly depending on polling reports, it is commonly accepted that the religious population represents somewhere between 25 to 33 percent, with the remainder identifying as secular. This is not a totally complete picture as a large percentage, often as high as 55 percent, of Israeli secular Jews consider themselves "traditional but not religious."¹ This statistic manifests itself in polls such as one taken by the Orthodox Union in January 1998, which indicated that one-third of the Israeli public would prefer non-Orthodox officiation of its religious rites.

Governance of holy sites and religious rituals is under the purview of religious councils. Both at a national and city level, the councils have traditionally been composed entirely of Orthodox rabbis, resulting in skewed decisions that have significantly limited the movement and freedom of egalitarian Judaism. This complete control of the religious councils extends the power of the Orthodox to marriage and divorce, conversion, burial, and many other elements of society. Orthodox control over marriage and divorce is one of the most obvious and intrusive issues: since there is no civil authority which performs these processes, even non-Orthodox must marry in accordance with Orthodox law. The Orthodox rabbinate's monopoly over marriage and divorce forces a vast number of Israeli citizens to leave their own country to make these life decisions, and undermines the ability of non-Orthodox rabbis to perform their duties in Israel.

Women of the Wall

Following the First International Jewish Feminist Conference in Jerusalem in December 1988, a group of women began gathering at the Kotel to pray together on Rosh Hodesh. The ultra-Orthodox responded by physically and verbally attacking the women, forcing the women to ask the courts for protection. Thirteen years later, Women of the Wall is still fighting the same battle, slowly gaining ground in the fight to pray with Torah and tallitot (prayer shawls), to sing, and to pray together at the Kotel.

In a landmark decision in May 2000, the Israeli Supreme Court instructed the government to make arrangements that would enable Women of the Wall members to pray at the Western Wall, including reading aloud from the Torah wrapped in tallitot. This ruling recognized Israel's democratic system which permits pluralistic expression of religious freedom.

In early December 2001, the United Torah Judaism Party introduced legislation that would make it illegal for any religious ceremony to occur on the women's side of the Kotel plaza. This would include reading from the Torah, wearing t'fillin or a tallit, or blowing a shofar. The legislation has yet to be brought before the Knesset for a first reading.

For more in depth analysis of this case, please consult the Israel Religious Action Center (IRAC).

Conversion Crisis

The religious pluralism issue which has received the most attention is the so-called "conversion crisis." The crisis began in November 1996 with a Supreme Court case which considered recognizing non-Orthodox conversions in Israel. The Orthodox community responded by introducing a bill in the Knesset that would legally prevent the recognition of all conversions performed by non-Orthodox rabbis whether performed in Israel or the Diaspora.

The Reform and Conservative Movements considered this an attack on their existence in Israel, and began a court case challenging the legitimacy of the legislation. In response to this major confrontation, Prime Minister Benjamin Netanyahu asked Finance Minister Yaacov Ne'eman to head up a commission to find a viable solution for a number of the pressing issues. The Ne'eman Commission was charged with seeking a resolution for disagreements concerning who can serve on religious councils and who can perform marriage ceremonies, conversions, and prayer services at the Western Wall. The Commission, made up of one Reform, one Conservative, one Haredi (ultra-Orthodox) and three Orthodox representatives, met from July 1997 to January 1998 and dealt primarily with the conversion issue. A compromise was developed which allowed for non-Orthodox conversions but required Orthodox supervision.

In a blow to the progressive movements in Israel and to Jewish unity, in February 1998, the Orthodox establishment in Israel rejected outright the proposals which the Ne'eman Commission had developed. The Chief Rabbinate denounced any discussion or cooperation with Reform and Conservative representatives, rendering the Commission's recommendations null and void.

After the resolution was released, Rabbi Uri Regev of the Israel Religious Action and Rabbi Ehud Bandel of the Masorti Movement in Israel made the following statement:

"The Chief Rabbinate's resolution is a resounding slam of the door of compromise and a declaration of war on the Jewish people. We hope that the Knesset, with all political parties acting unanimously, will not support such divisive legislation and will prevent a terrible tear in the Jewish People. Our movements have proven readiness to accept a far-reaching compromise and make great concessions to bring peace and unity to the Jewish People. The refusal to extend a hand for peace and to cooperate with the non-Orthodox streams of Judaism returns the public of Israel to the real struggle standing before it – the struggle for freedom of religion and conscience."

In response to the latest attack by the Orthodox establishment, the Reform and Conservative movements in Israel have re-initiated their court cases challenging the legitimacy of the Knesset to prevent non-Orthodox conversions.