There are judges in Jerusalem. Eight out of nine, at least. On Tuesday, they accepted a petition by the Movement for Quality Government in Israel and other public entities, and instructed the Finance Ministry to halt funding to ultra-Orthodox (haredi) yeshivas, whose students evaded the military draft. More than just a practical procedure -- there will be an easy way to overcome the decision -- the High Court's ruling reflects the public being "fed up." A kind of protest by the general population -- both the secular and the national-religious -- against the failure to reduce gaps in the sharing of the burden of military service.
That's it, the ATM is closed, and Defense Minister Moshe (Bogie) Ya'alon no longer has permission to exempt the ultra-Orthodox from enrolling in the military.
With only half their appeal in their hands, the petitioners, and their lawyer Eliad Shraga, asked that the High Court order the drafting of all [ultra-Orthodox Israeli men]. Here and now. The judges did not do that. Committed to a tradition that has passed through the High Court from generation to generation -- and in contrast to former Justice Minister Daniel Friedman's school of thought -- those sitting in judgment are not seeking to fill the role of the Knesset. They only want the Knesset to take its place; to make the decisions required from a legislative body. The Knesset has avoided doing so for 65 years, and now it no longer has a choice.
It is obvious that Tuesday evening saw the Knesset members cry out that there is no need; that the timing is not right; that in any event the coalition has decided to vote on the 'Equal Burden' bill [aimed at legislating to enlist haredim into the army] in MK Ayelet Shaked's committee in the coming days; and that the bill will get a second and third reading by March 10th.
But this is what the evasive Knesset always says to the court, that the timing is wrong and that it isn't necessary.
Not so, it is necessary. So that the coalition will not delay the voting date again, as has happened dozens of times before. The High Court has encouraged the proper order in Israel (should the judges find a way to disperse the Foreign Affairs and Defense Committee until a chairman is named -- the voting procedure would be carried out immediately. The Knesset only understands the whip of the law.)
Tuesday's decision will dramatically help promote the 'Equal Burden' bill. It obviously won't eliminate the inequality of the burden but will at least reduce to some extent the discrimination in favor of the ultra-Orthodox at the expense of secular and religious taxpayers. Ultimately, the ultra-Orthodox will enjoy advantages that the ordinary army soldier doesn't, but to a lesser extent.
All that is left to see is how will those who evade their draft get punished. With a mere fine or also with incarceration? And if that is the punishment for an ultra-Orthodox -- what will it be for a nonreligious person?
Tuesday's ruling will help the coalition stand by its determination that this issue (and others) be decided by March 10th. And it will allow the Knesset to approve a law -- that even if it will not be one the basic laws of Israel -- that can exist for five years until the next High Court ruling on a petition that will most likely be submitted in the foreseeable future.
The decision yesterday was not the last word, but it was a good start.
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