web analytics
December 10, 2016 / 10 Kislev, 5777

Posts Tagged ‘Chief Justice’

Likely Compromise Found in Coalition Rift over Reform, Conservative Mikvahs

Monday, June 13th, 2016

Coalition chairman David Bitan (Likud) on Monday morning presented a compromise solution for the problem caused by last Thursday’s Supreme Court ruling siding with the demands of Reform and Conservative petitioners for equal access to state-run mikvahs-ritual baths. Last February, the Supreme Court ruled that local religious councils must make state-run mikvahs available for conversion ceremonies run by Israeli Reform and Conservative clergy.

Last week, the Knesset Interior Committee debated a bill proposed by Shas and UTJ, the two ultra-Orthodox coalition partners, determining that the use of public mikvahs in Israel will be conducted strictly according to halakha and under the supervision of the Chief Rabbinate.

Finance Committee Chairman MK Moshe Gafni (UTJ) for his part on Friday announced that he plans to submit the bill in order to prevent the implementation of the court’s ruling. This would be in keeping with the coalition agreement between UTJ and Likud, which says that each time the Supreme Court issues a ruling that jeopardizes issues close to the heart of the Orthodox-Jewish party, the government must submit a bill to bypass the court.

Gafni, who argued that the court’s new ruling violates the national status quo on issues of religion and state, also cited the coalition’s obligation to maintain the same status quo.

Judge Elyakim Rubinstein, an Orthodox Jew who was part of the unanimous decision in favor of the Reform and Conservative petitioners, suggested in his ruling that the religious council in question, in Be’er Sheva, illegally segregated against Israeli citizens. “From the moment the state has constructed public mikvahs and made them available to the public — including for use in conversions — it cannot practice inequality in their usage,” Elyakim wrote. Rubinstein added that “the state’s decision not to supervise dipping in the mikvah that is conducted as part of a private conversion does not justify preventing it.”

One of the other two judges on the panel was Salim Joubran, a Christian Arab. Chief Justice Miriam Naor was the third judge. It should be noted that while last week Ha’aretz complained about a decision by Judge Rubinstein favoring the Chief Rabbinate, implying he should have recused himself from deciding Orthodox Jewish issues because he wears a yarmulke (sic), the same paper did not make a similar complaint in this case.

The MK Bitan compromise will suspend the application of the Mikvah law for nine months, during which time two to four mikvahs would be built for the Reform and Conservative public. The Jewish Agency is expected to bear the costs of construction. Meanwhile, the coalition would work on a softer version of the Shas-UTJ bill, which would skirt the Supreme Court ruling but not actually bypass it. The first draft was scheduled to be presented to the Interior committee Monday morning.

According to MK Bitan, “We are not planning to pass a Supreme Court bypassing law, but instead to find solutions to the problems raised by the court’s ruling. According to the understanding, we will build between two to four mikvahs in various locations in the country for the Reform and Conservative public so they can dip there according to their method.” Bitan stressed that “we must maintain equality for everyone in spending resources.”

A Haredi party source that spoke to JNi.media on the condition of anonymity said the Bitan compromise will most likely be accepted since it does not actually compel religious councils to share existing mikvahs with the Reform and Conservative, but allocates to them new mikvahs. Nevertheless, the Haredi coalition parties are likely going to be subjected to attacks from the Haredi media, which see the very idea of allowing the two non-Orthodox movement a foot in the door as ushering disaster. Some in the Haredi media, such as Ha’peles, would like to see the Haredi parties using their critical role in Netanyahu’s small coalition to extract deeper concessions regarding the non-Orthodox mikvahs.

JNi.Media

Supreme Court Wants Interior Ministry to Explain Why Reform Converts Aren’t Recognized by the State

Wednesday, May 25th, 2016

Israeli Supreme Court Chief Justice Miriam Naor on Wednesday issued a temporary injunction against the Interior Ministry ordering it to explain within two months why 11 petitioners who underwent Reform or Conservative conversion in Israel should be refused a Certificate of Oleh (immigrant) based on the Law of Return, and why they should not be registered as Jews in the Population Registry.

The Law of Return (Hok Ha-Shvut) was passed in 1950, giving Jews the right of return and the right to live in Israel and to gain Israeli citizenship. In 1970, the right of entry and settlement was extended to people with one Jewish grandparent or people married to a Jew, although they were not considered Jewish under Jewish halakha. Those who immigrate to Israel under the Law of Return are immediately entitled to gain citizenship in Israel.

According to the halakhic definition, a person is Jewish if his or her mother is Jewish, or if he or she converts to Judaism. However, Orthodox Jews do not recognize conversions performed by Reform or Conservative authorities. But the Law of Return states that any Jew, regardless of affiliation, may immigrate to Israel and claim his or her citizenship.

In 2005, the Supreme Court ruled that all conversions performed outside of Israel would be recognized by the authorities under the Law of Return. The court had already ruled in 1989 that conversions performed outside of Israel were valid for the Law of Return, regardless of whether they were Orthodox, Conservative, or Reform. The 2005 ruling extended that decision, finding that overseas conversions were still valid even if the individuals did the preparatory work for the conversions while residing in Israel.

Now it appears that the Supreme Court is prepared to bring down the last vestige of halakhic Judaism regarding conversion, in an attempt to authorize Reform and Conservative religious courts in Israel to covert, forcing the state to accept their converts as Jews.

The current Interior Minister, Aryeh Deri, is an ultra-Orthodox Jew, and will most likely fight the court’s obvious plan tooth and nail. But in the end, he will have one of three choices: obey the court (not going to happen), resign (not likely), or change the law, which is, in fact, anchored in the Haredi parties’ coalition agreement.

Can the Law of Return be changed today? Can the 1970 dreaded ruling allowing non-Jews to be accepted as Jews also be revoked, while the Knesset is at it? The fate of Netanyahu’s government may depend on it.

David Israel

Israel’s Supreme Court Dismisses Law Absolving Yeshiva Students from Army

Tuesday, February 21st, 2012

A majority of Israel’s Supreme Court judges on Tuesday accepted petitions against the Tal Law, which provides an exemption from military service to yeshiva students. The ruling also reveals the sharp differences between outgoing, activist Chief Justice Dorit Beinisch, who advocated nullification of the law, and the incoming president of the incoming, conservative Chief Asher Grunis who sought to reject the petitions.

Beinisch wrote: “Time has proven that the law has not fulfilled its underlying purposes, and, in fact, anchored the law, almost entirely, in the deferment arrangement that existed prior to its enactment and vice versa.”

The new Chief Justice for his part, wrote: “I would have preferred that the court avoid the issue altogether, leaving it in the public sphere, outside the realm of the court.”

Yori Yanover

Asher Grunis Appointed Supreme Court President

Friday, February 10th, 2012

Judge Asher Grunis was appointed on Friday to be the Supreme Court’s new Chief Justice, replacing outgoing president Dorit Beinisch who retires this month. Grunis first became a judge in 1988, and was appointed to the Supreme Court in 2003.

The Knesset recently passed legislation called the “Grunis Law” which permitted Grunis to be named the Chief Justice. The law previously did not allow judges to become the court’s president if they were within 3 years of their 70th birthday. Grunis was born in 1945. The “Grunis Law” was introduced by Yaakov “Katzele” Katz of the National Union (Ichud Leumi) party.

Previously, the only chance Grunis had of being named president was if Beinisch would have retired a few months earlier.

Grunis specializes in civil and commercial law, and is not know for ‘judicial activism”, an issue that colored the tenures of his immediate predecessors Dorit Beinisch and Aharon Barak.

Shalom Bear

Printed from: http://www.jewishpress.com/news/breaking-news/asher-grunis-appointed-supreme-court-president/2012/02/10/

Scan this QR code to visit this page online: