Yeshiva representative to High Court: Draft of Haredi men would violate freedom of religion

Justices hearing petitions to the High Court demanding the immediate conscription of ultra-Orthodox men to the army engage in a debate over freedom of religion with the attorney for the Union of Yeshivas in the Land of Israel, Shmuel Horowitz.

Horowitz tells the justices that ordering the IDF to draft Haredi men against their will would be a violation of their right to freedom of religion since their rabbis have ruled that they should not enlist.

“The court would be saying to those men ‘do not listen to your rabbi,'” argues Horowitz.

“No, the court would be saying ‘obey the law,'” retorts Justice Yael Wilner.

Horowitz demands to know whether the court hypothetically ordering ultra-Orthodox men to violate the Sabbath would also not be a violation of freedom of religion.

Justice Ofer Grosskopf asks: “If a rabbi says you don’t need to pay taxes, then do we need to exempt people from paying them on the basis of freedom of religion?”

Justice Daphne Barak Erez sharpens Grosskopf’s point, saying that Horowitz’s argument would mean that every ruling by every rabbi would be protected under freedom of religion.

But Horowitz also argues that the highly sensitive societal issue of ultra-Orthodox enlistment should not be resolved by a decision of the High Court just because the law previously regulating Haredi enlistment has expired.

He points to other contentious issues the court has faced, such as the state’s failure to evacuate the illegal Palestinian Bedouin Khan al-Ahmar encampment in the West Bank, where the court has given the state a large degree of flexibility.

“We are not in calm waters, we are in a state of war and we need to address it,” insists Justice Noam Sohlberg, who throughout the hearing has repeatedly pointed to the urgent need of the IDF for increased manpower as a result of the multi-front war Israel is facing.