http://www.smh.com.au/world/israeli-court-axes-military-exemption-20120223-1tqrr.html

Israeli court axes military exemption 
Ethan Bronner
February 24, 2012 
  a.. 
 
Ultra-Orthodox Jewish men stand next to an Israeli soldier at the Western Wall. 
However, in the future they may stand side-by-side wearing the same military 
uniform. Photo: Reuters



JERUSALEM: The Israeli Supreme Court has invalidated a law that exempted from 
military service ultra-Orthodox Jews engaged in religious studies, adding a new 
urgency to the government's negotiations with religious parties over a more 
equitable distribution of the burdens of citizenship.

The 6-to-3 decision, handed down late on Tuesday, declared the Tal Law 
unconstitutional at a time of growing tension over the place of the 
ultra-Orthodox. The law, in effect since 2002, granted exemptions to tens of 
thousands of religious academy students. It was widely viewed as a failure and 
the Prime Minister, Benjamin Netanyahu, had already said it would not be 
renewed when it expired this summer.

Still, the ruling will force the government to come up with a new way forward, 
one that will be strongly resisted by religious party coalition members.

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The departing Chief Justice, Dorit Beinisch, writing for the court majority, 
said the law had failed to live up to its aim of increasing the number of 
ultra-Orthodox in the army. Using data presented by the army, the decision 
noted that last year fewer than 1300 ultra-Orthodox youths had enlisted out of 
a pool of 8500, a rate of 15 per cent. Among the rest of the Jewish population, 
the enlistment rate is 75 per cent.

The place of the ultra-Orthodox, also known as the Haredim - those who tremble 
before God - has long been controversial, but the issue has heated up in recent 
months. The Haredim do not accept the legitimacy of a Jewish state before the 
arrival of the Messiah and believe that the primary task of men should be 
studying Torah.

Israeli Arabs, who make up 20 per cent of the population, are also exempted 
from the military, although that, too, has come under increased scrutiny, with 
growing calls for them to perform some form of national service.

On Wednesday politicians - except the ultra-Orthodox - praised the decision. 
The Defence Minister, Ehud Barak, said: ''After 10 years, the Tal Law has not 
met expectations at all, and has not led to any change in terms of equal 
sharing of the burden and enlarging the circle of participants in civil 
duties.''

Tzipi Livni, head of the centrist Kadima Party, said: ''Social justice comes 
from equal sharing of the burden.''

The New York Times


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