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December 16, 1994 - Image 57

Resource type:
Text
Publication:
The Detroit Jewish News, 1994-12-16

Disclaimer: Computer generated plain text may have errors. Read more about this.

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its "violations of the religious sta-
tus quo."
Generally modern, Zionist, and
nationalist in outlook, the NRP,
which currently has six deputies
in the Knesset, has spent much
of the past decade passionately
advocating the cause of the set-
tlers in the occupied territories at
the expense of militant action on
religious affairs. After the El All
ruling, however, the party has de-
cided to mount a campaign "to
halt the takeover of Israeli soci-
ety by the legislation of Basic
Laws ... that aim to undermine
the foundations of religion and
the Halachah."
One unabashed aim of the
NRP's effort is to pass legislation
that will block the appointment
of Justice Barak as the next pres-
ident of the Supreme Court (he
is the most senior justice on the
bench) or at least limit his term
(which would otherwise run un-
til his retirement) to five years.
"When a man determines that a
couple of homos are a couple in
every sense, it's necessary to con-
sider whether he's worthy of be-
77.; ing the president of the Supreme
- Court," said NRP deputy Yigal
Bibi. "We've all admired his wis-
dom and public probity, but after
a few rulings in this vein, I think
he's gone too far."
The deeper reason for the anti-
Barak sentiment is his strong
leaning toward transforming the
Supreme Court into a body that
can act as a check on the Knes-
-_c_; set (which is currently sovereign)
by nullifying laws it regards as
"unconstitutional." Israel has no
formal constitution, due largely
to the insistence of the religious
parties that the Torah is the only
appropriate "constitution" for a
Jewish state. But it does have a
body of Basic Laws that could be
regarded as a constitutional
framework, at least for the pun
pose of striking down legislation
that contradicts them. Various
court rulings have slowly been
inching Israel toward a system of

checks and balances. But the
NRP has now raised the alarm
that with Justice Barak at their
head, the court's 12 appointed
justices could well appropriate to
themselves more power than the
120 elected members of the Knes-
set.
What concerns the religious
parties even more is the fact that
the High Court already has used
its present clout to reverse in-
stances of discrimination that de-
rive from laws and powers
classified as part of the "religious
status quo" (such as the barring
of Conservative and Reform Jews
from serving on local Religious
Councils).
In an attempt to neutralize
that clout, the Orthodox Shas
Party is working to introduce a
system whereby new laws will
automatically be passed to over-
ride any High Court decision that
prejudices the "status quo," there-
by again giving the Knesset the
upper hand.
In fact, it has made this pro-
posal a key plank of it,3 still un-
signed coalition agreement with
the Labor Party. But Justice
Barak already has categorized
this idea, popularly called "by-
passing Bagatz," as "bypassing
democracy." And the High Court
itself may well rule it illegal in an
appeal now pending before it.
And so one thing leads to an-
other. The rights of homosexual
couples may not be the most
burning issue facing Israelis to-
day. But they are part of the
wider struggle to ease tradition-
al constraints on civil liberties in
Israel. And oddly enough, it is
this issue that has accelerated
the drawing of lines for what will
surely be a key domestic battle in
Israel's long "after" period:
whether the degree of political,
social, and religious equality ex-
tended to all of Israel's citizens
will ultimately be controlled by
rabbis, legislators, or by the 12
venerable justices of the Supreme
Court.



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