Jews: the good, the bad and the ugly
Amongst every ethnic or religious group on Earth, you can find the good, the bad, and the ugly amongst them. As an American who fervently believes in the First Amendment’s prohibition on established religions (the “establishment clause”) and its command that church and state be separate (the “separation clause”) I appreciate those religious sects that understand the wisdom of America’s constitutional arrangement. I appreciate those who are tolerant of those who disagree with them on matters of faith.
As a Jew, I’m also dead set against any government that doesn’t scrupulously prohibit religious groups from intruding into authority or powers that are normally the prerogative of the state. My own family’s history underscores why that’s dangerous: my Y-Chromosome DNA is Haplogroup G, subclade G2c, which probably means that my ancestors were expelled from Sicily by the Spanish Inquisition in 1492 (Sicily was then ruled by Spain) and those who were unable to pay the exit tax had the choice of converting to Catholocism or burning at the stake.
So when I saw this news story today, I wasn’t real happy with this group of Ultra-Orthodox Jews in Israel that are intolerant to the point of violence against people who don’t agree with their beliefs:
JERUSALEM (AP) — Police are preventing hundreds of ultra-Orthodox Jews from blocking a main street in protest against a Jerusalem municipal parking lot that is open on the Jewish Sabbath.
Ultra-Orthodox activists have repeatedly staged protests since the parking lot opened two years ago. They say operating it on a Saturday is a desecration of the Sabbath, Judaism’s biblically mandated day of rest.
On Saturday, protesters gathered at a main junction, screamed at police officers and pelted them with water bags. Police stopped them from blocking traffic.
Ultra-Orthodox Jews make up a third of Jerusalem’s more than 700,000 residents.
Most work places in Jerusalem’s Jewish neighborhoods shut down for the Sabbath, which lasts from sundown Friday to sundown Saturday.
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There have been other reports over the years of Ultra-Orthodox Jews throwing rocks at women passing through their neighborhoods dressed the way most modern women do, as opposed to the near-Medieval styles that their own sect thinks is proper.
Does Israel live up to my ideal of a democratic nation-state that guarantees equal protection of the law and due process of law to all of its citizens? Does Israel adhere to the International Covenant on Civil and Political Rights when it comes to religion?
Israel is supposed to adhere to the ICCPR per a decision of the Israeli Supreme Court authored by Justice Haim Cohn:
It is decided law that rules of International law constitute part of the law prevailing in Israel insofar as they have been accepted by the majority of the nations of the world and are not inconsistent with any enactment of the Knesset (Parliament). The principles of freedom of religion are similar to the other rights of man, as these have been laid down in the Universal Declaration of Human Rights, 1948, and in the Covenant on Political and Civil Rights, 1965. These are now the heritage of all enlightened peoples, whether or not they are members of the United Nations Organization and whether or not they have as yet ratified them. . . for they have been drawn up by legal experts from all countries of the world and been prescribed by the [General] Assembly of the United Nations, in which by far the larger part of the nations of the world participates.
[H.C. 103/67, American Orphan Beth El Mission v. Minister of Social Welfare, 21(2] Piskei Din 325.]
Article 18 of the ICCPR states:
1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
Israel recognizes five (5) religions as “official” religions: Jewish, Christian, Muslim, Druze and Baha’i. Within the Christian religion the following denominations are recognized: Greek Orthodox, Greek Catholic, Latin (Roman Catholic), Armenian Orthodox, Armenian Catholic, Maronite, Syrian Orthodox, Syrian Catholic, Chaldaic (Catholic) and Evangelical Episcopal (Anglican).
Would this be tolerable in America? Not even remotely.
One of the privileges accorded to “official” religions is that they have near-total control over family law matters. If you’re Jewish and want to get divorced you don’t go before a judge and jury as in America, you go before Rabbis who will determine what your rights are based on centuries old Jewish religious laws.
There is no such thing as civil marriage in Israel. If a Jew wants to marry a Muslim, something that we wouldn’t think twice about in America, you have to fly over to Cyprus because the religious authorities in Israel don’t allow inter-religious marriages. If you’re atheists, you’re s-t out of luck.
Does any of this comport with the principles of Article 18 of the ICCPR and other articles which prohibit discrimination on the basis of sex and require equal protection of law? Not on your life.
Even the name of the nation-state called Israel offends modern sensibilities and notions of equal protection. If I had any say in the matter, it would be renamed the “State of Israel and Ishmael” to at least give recognition to the multi-cultural nature of the nation being overwhelmingly of communities of people who claim Abraham as their joint patriarch.
Returning to my theme, I want to make it clear that the degree to which sects are more or less orthodox does not mean that they are more or less tolerant. There are some orthodox Jews who are tolerant of those like me who are “secular” Jews and some who think we’re not even Jewish. Some Jews respect and love the Arab people as our cousins through Abraham and some who consider the children of Ishmael to be our sworn to the death enemies.
My message to those of my own people who consider Arabs to be their enemies is simple and straight out of writings that they believe to be holy, the Talmud:
The greatest hero is he who makes his enemy his friend.
[Tosephtha--Aboth of R. Nathan, Tractate Avot]
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