Updates on the Kotel agreement and the Supreme Court’s ruling on access to Israel’s public mikva’ot

Since last week’s bulletin, there have been a number of developments in the ultra-Orthodox political and rabbinical leadership’s battle against the implementation of the Kotel agreement, as well as their battle against the Supreme Court’s ruling to make Israel’s public mikva’ot available for non-Orthodox conversion ceremonies.

These developments reflect, in essence, an escalation in anti-Reform rhetoric and the pressure faced by Haredi politicians to withdraw their unspoken consent to the framework of the Kotel agreement. Thus, due to these increasing tensions, Israel’s political system is being pulled in opposite directions – torn between the demands of the ultra-Orthodox politicians and the consequences of reneging on the Government’s agreement with the non-Orthodox streams and Women of the Wall, not to mention reversing the Supreme Court’s ruling by legislative action.

RRFEI aims to deepen our members’ understandings of current events, and answer all of your questions and requests for additional background materials. In the meantime, we note the following developments since last week’s bulletin:

THE MIKVAH BILL

1. Following the Cabinet’s decision to support MK Gafni’s (and co.’s) mikvah bill, it passed its preliminary Knesset reading last Tuesday (as is required for all privately proposed bills), with 42 MKs voting for it and 38 voting against.The list of MKs who voted for and against the bill can be found here. Oddly, Yair Lapid, Chairman of ‘Yesh Atid,’ voted for the bill. He explained that his vote was a mistake.
2. Last week, we noted some of the harsh and base statements made by Haredi MKs and ministers against Reform Judaism. Such statements continued during the Knesset debate, and included Minister of Religious Services David Azoulay’s (Shas) admonition that “Whoever does not accept the Torah’s (Divine) authority, and tramples the mitzvot, cannot claim to represent religion in Israel… It is their right to have ceremonies and all the folklore they want, but Judaism is not theater one drives to for mere enjoyment. Just as a witch doctor would not be allowed near a hospital in the capacity of a doctor, so too these entities should not be allowed near the Torah of Israel.“In the past, Minister Azoulay also proclaimed that he has difficulty accepting Reform Jews as Jews (for which PM Netanyahu scolded him). It is important to note that his are not simply the statements of a private individual, but rather those of a Minister charged with providing religious services to all Jews in Israel. Doubtless, Azoulay’s repeated declarations are aimed at all of non-Orthodox Jewish society around the world. This truly underscores the need for world Jewry to not remain passive in the face of Israeli ministers who curse it publicly on the Knesset floor, while the Prime Minister sits by and does nothing to make good on his promise to ensure that all Jews of all streams will feel at home in Israel.
3. This Sunday, it was made public that the new Attorney General has made it clear to the government that this bill is unconstitutional, and violates the principles of religious freedom in a way that cannot withstand judicial review. There is doubt that the last word has not been said in this saga, and we expect new developments in the coming days, as the Haredi parties attempt to deal with this new front in the battle.

THE KOTEL AGREEMENT

1. The pressure on the ultra-Orthodox politicians to withdraw their unspoken support for the Kotel agreement, which they voted against knowing that it would easily be approved by the government, is increasing. As a result, Minister Deri (Shas) and Rabbi Shalom Cohen (Head of the Shas Council of Torah Sages) have demanded that the agreement be nullified (even though they had approved of it in the past), lest Shas leave the coalition and overthrow the government. “It is not acceptable that the government makes these kinds of decisions,” said Deri. “We won’t sit in a government that recognizes the Reform, not over the Western Wall, not for marriage, and not for divorce.”
2. Rabbi Shmuel Rabinovitch, Rabbi of the Western Wall, also changed his position, petitioning the Haredi political parties to void the agreement. Rabbi Rabinovitch had led the negotiations and approved the agreement, but his views are also becoming radicalized under the pressure.
3. On the legal front, supporters of the agreement face another problem, for the High Court has ordered the government to respond to the “Original Women of the Wall’s” petition submitted by the Center for Women’s Justice (Attorney Susan Weiss). The government now has 12 days to explain why women are denied their right to read from Torah scrolls at the Western Wall, as of March 14, 2016.
4. The Women of the Wall intend to expand their operations, and, for the first time, conduct a women’s “Priestly blessing” ceremony at the Western Wall during Passover. Their declared intent has been met with harsh reprimands from the Western Wall rabbi and his associates, further heightening tensions.