What Exactly Did the High Court of Justice Just Rule On Conversion?


Yom Shleeshee, Tuesday

18 Adar 5781

March 2, 2021

 

The Idiotic Quote of the Day

“Iran is trying to improve its position ahead of the nuclear deal negotiations . . . [but] I promise that Iran will not cross our borders. .  . Gaza also has an opportunity. If Hamas and Islamic Jihad would stop developing missiles and return Israeli prisoners and missing persons, we could expand trade and the economy and change the way of life of the residents of Gaza . . . “

Our so-called “Defense” Minister Benny Gantz speaking at the Kerem Shalom Crossing this morning.

Of course, we all know that practically every sentence Gantz utters is idiotic, but just consider these items:

“I promise that Iran will not cross our borders”?

Isn’t it remarkable that Iran has been allowed to strengthen to the point on the Lebanese, Syrian, and Gazan borders that now the best our Defense Minister can do is to proclaim that they will not be able to set up shop in Israel itself?

“If Hamas and Islamic Jihad stop developing missiles?”

Isn’t it remarkable that anyone, much less Israel’s Defense Minister, would even for a moment think that Hamas and Islamic Jihad will halt their missile production? 

“We could expand trade and the economy and change the way of life of the residents of Gaza.”

Shades of Gantz’s infamous speech in 2015 about flowers returning to grow along the southern border with Gaza, and why oh why is it Israel’s responsibility to change the way of life of residents of Gaza? Isn’t that the responsibility of the Palestinians themselves?

 

The News on the Israeli Street

The daily Corona (Covid-19) update . . .

Please note that these numbers encompass from 8 pm Monday to 8 pm today (Tuesday):

781,857 Israelis have been confirmed with the virus since the pandemic began last March.

There are 1,899 newly confirmed cases.

729 are in critical condition—a decrease of 8

234 of the most critically ill are on ventilators—a decrease of 7

5,779 have died–an increase of 19

There are currently 39,190 active Corona cases in Israel.

An estimated 4.8 million have now received at least one dose of vaccine.

Fewer than 20 died, fewer than 2000 new cases, a decrease in critically ill and ventilated: all of these would seem to be positive trends.

 
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TODAY’S BLOG:

What Exactly Did the High Court of Justice Just Rule On Conversion?

As if the earth has been turned upside down, the last 24 hours have seen an explosion of reportage concerning a High Court ruling that was handed down yesterday.

Here are three representative headlines:

From The New York Times:

Israeli Court Says Converts to Non-Orthodox Judaism Can Claim Citizenship

From The Jerusalem Post:

Israel To Recognize Reform, Conservative Conversion For Law Of Return

From The Times of Israel:

High Court Recognizes Reform, Conservative Conversions Carried Out In Israel

To decipher what the Court actually ruled, we begin on July 5, 1950 when the Knesset unanimously passed the Law of Return. That law stated simply:

“Every Jew has the right to immigrate to Israel.”

However, as simple as this seems, questions immediately arose about “who is a Jew?” These questions have never been addressed by the Knesset.

In 1970, the Law of Return was amended by the Knesset to make converts to Judaism eligible for immigration to the country. However, the Knesset failed to define what “conversion” means–to wit, what type of conversion (Orthodox, Conservative, or Reform) and where it is performed (outside of Israel or inside the country).

In 1989, reaffirmed in 2005, the Court ruled that Conservative and Reform converts to Judaism were allowed to immigrate to Israel under the Law of Return. However, for a Conservative or Reform conversion to be recognized, it had to be done outside of Israel. Again, the Knesset refused to act to define conversion.

To make all of this even more complicated is the fact that just because a “converted Jew” immigrates to Israel and becomes a citizen does not mean that the “Jew” is automatically registered as a Jew by the Interior Ministry.

Over the years, the Interior Ministry has held that a person is Jewish if the person’s mother is/was Jewish or if the person has converted to Judaism by an orthodox conversion process. The Interior Ministry has not recognized Conservative or Reform conversion.

Fast forward to yesterday.

The Court ruled that a person who converts via a Conservative or Reform conversion process in Israel is eligible to “make aliya”–to become an Israeli citizen.

However, importantly, the Court said that the ruling had “no religious implications” and only applied to “secular-law questions concerning the right to obtain citizenship.” In other words, the ruling theoretically has no impact on such issues as marriage and divorce.

In doing so, the Court suggested that if the Knesset doesn’t like the ruling, all it has to do is change the law and finally define the conversion process. In other words, it could merely pass a law stating a conversion in Israel will not be recognized unless it is overseen by the orthodox Chief Rabbinate.

But to pass such a law would require the Knesset to show something that it has not shown in the history of the country–courage to act.

One final note: the impact of the ruling might be major in principle, but it is limited in impact. How many people living in Israel who are not citizens do you think convert to Judaism in a Conservative or Reform conversion process each year?

Between 30 and 40.

This entry was posted in News and tagged change the way of life of the residents of Gaza, conservative, Conservative and Reform converts to Judaism, conversion, covid 19, cross our borders, daily corona update, Every Jew has the right to immigrate to Israel, every sentence, gantz, gantz utters, hamas, How many people living in Israel who are not citizens do you think convert to Judaism in a Conservative or Reform conversion process each year, idiotic, Idiotic Quote of the Day, inside israel, iran, islamic jihad, Kerem Shalom, law of return, news on the israeli street, orthodox, reform, set up shop in Israel itself, The Interior Ministry has not recognized Conservative or Reform conversion, the ruling theoretically has no impact on such issues as marriage and divorce. Bookmark the permalink.

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