Tuesday, October 12, 2010

About that Jewish and democratic state thing ...

In case I wasn't clear yesterday, I don't support the proposed amendment to the citizenship law as it currently exists for several reasons. It seems to me unnecessary, ineffective, and it seems to be overly demanding of Israel's non-Jewish citizens.

However, none of my reasons include opposition to Israel's definition as a Jewish and democratic state. That is a completely non-controversial statement and definition, and one which has many parallels throughout the rest of the world.

But just in case there are people who do oppose that definition, I would like to propose several alternative texts to establish Israel's relationship to Judaism.

Proposal #1:
RELATIONS OF SYNAGOGUE AND STATE 
The prevailing religion in Israel is that of the Orthodox Jewish Rabbinate. The Orthodox Jewish Rabbinate, acknowledging the G-d of Israel, is inseparably united in doctrine with the Orthodox Jewish Rabbinates and with every other Orthodox Jewish community of the same doctrine, observing unwaveringly, as they do, the holy and sacred traditions as ordained in Halacha.
Well perhaps that might be too strong.

Proposal #2:
In the Name of the G-d of Israel, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred,
We, the people of Israel,

Humbly acknowledging all our obligations to our Divine Lord, the G-d of Israel, Who sustained our fathers through centuries of trial,

Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,

And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
Do hereby adopt, enact, and give to ourselves this Constitution.
Well, again that might be too many obligations to the Jewish G-d. Perhaps something simpler and more straightforward?

Proposal #3
The Israeli Government supports the Jewish religion.
Well, maybe I should take a look at what Israel's Declaration of Independence has to say on the matter. It is after all the founding document of the country that, along with the basic laws, has been interpreted as Israel's constitution. I'll include two key components of the declaration.
ACCORDINGLY WE, MEMBERS OF THE PEOPLE'S COUNCIL, REPRESENTATIVES OF THE JEWISH COMMUNITY OF ERETZ-ISRAEL AND OF THE ZIONIST MOVEMENT, ARE HERE ASSEMBLED ON THE DAY OF THE TERMINATION OF THE BRITISH MANDATE OVER ERETZ-ISRAEL AND, BY VIRTUE OF OUR NATURAL AND HISTORIC RIGHT AND ON THE STRENGTH OF THE RESOLUTION OF THE UNITED NATIONS GENERAL ASSEMBLY, HEREBY DECLARE THE ESTABLISHMENT OF A JEWISH STATE IN ERETZ-ISRAEL, TO BE KNOWN AS THE STATE OF ISRAEL. …
THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.
You know what, that's pretty good. I think we should stick with that and forget about the alternatives. Of course you may be wondering where the alternatives came from. Well I thought maybe Israel should take a page from other countries, and base its laws on theirs. So I borrowed text from the constitutions of other countries.

Proposal #1 – Greece:
SECTION II RELATIONS OF CHURCH AND STATE

Article 3
1. The prevailing religion in Greece is that of the Eastern Orthodox Church of Christ. The Orthodox Church of Greece, acknowledging our Lord Jesus Christ as its head, is inseparably united in doctrine with the Great Church of Christ in Constantinople and with every other Church of Christ of the same doctrine, observing unwaveringly, as they do, the holy apostolic and syn- odal canons and sacred traditions. It is autocephalous and is administered by the Holy Synod of serving Bishops and the Permanent Holy Synod originating thereof and assembled as specified by the Statutory Charter of the Church in compliance with the provisions of the Patriarchal Tome of June 29, 1850 and the Synodal Act of September 4, 1928.
Source: http://www.hri.org/docs/syntagma/artcl25.html#S11

Proposal #2 – Ireland:
In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred,

We, the people of Éire,

Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial,

Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,

And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
Do hereby adopt, enact, and give to ourselves this Constitution.
Source: http://www.taoiseach.gov.ie/attached_files/Pdf%20files/Constitution%20of%20Ireland.pdf

Proposal #3- Argentina:

Section 2.- The Federal Government supports the Roman Catholic Apostolic religion.

Source: http://www.argentina.gov.ar/argentina/portal/documentos/constitucion_ingles.pdf

2 comments:

Religion and State in Israel said...

Do you think Proposal #1 (almost) parallels the jurisdiction granted to the Rabbinate?

Joel Katz
Religion and State in Israel
@religion_state

Jonah said...

@Religion and State in Israel,

Actually I don't know. Israel's religious court systems confuse the heck out of me. As a I understand it, Israel inherited the Millet system from the British, who in turn inherited it from the Ottomans.

I don't think the statement in Greece's constitution is exactly parallel since they don't seem to have a comparable religious court system for their minorities as Israel does.

Actually, I was more interested in demonstrating that Israel isn't alone in having a strong religious or ethnic identity instilled in its laws.

Jonah