‘Move along… there’s nothing to see here,’ Religious Zionism MK tells Diaspora amid judicial reforms

Simcha Rhotman is in many ways the brains behind the Religious Zionism party. He chairs the powerful Knesset Constitution, Law and Justice Committee, and is seen as one of the architects of the government’s far-reaching judicial reforms which will significantly weaken the High Court of Justice. 

The reforms have been widely criticised as an “attack on democracy” by the High Court President, the attorney general and the Bar Association, as well as by opposition lawmakers, former prime ministers and right-wing justice ministers.

On Saturday, more than 80,000 people demonstrated throughout Tel Aviv against the reforms, with organisers and lawmakers promising to continue until the government backs down from its judicial reform plan.

In an interview with Jewish News, Rhotman dismissed the “shouting” in the media and opposition over the reforms, describing the situation between left and right-wing lawmakers in Israel as “much better” than in the US, for example.

“There’s nothing to see here, move along. We are not in a war or in a crisis. I understand and hear the criticism (of the reforms) but I don’t agree with it. We are returning the High Court to what it was in the past, before it took too much power for itself,” Rhotman said.

Rhotman and the government argues that the judicial activism that was promoted in the 1990’s under High Court President Aharon Barak took too many liberties, interpreted the law too freely, and struck down too much legislation passed in the Knesset.

Rhotman dismissed the “shouting” in the media and opposition over the reforms, describing the situation between left and right-wing lawmakers in Israel as “much better” than in the US

Legislation should be in the hands of “elected officials and not in an unelected and unaccountable court,” Rhotman said. Unlike many Western democracies, Israel doesn’t have a constitution but rather a set of Basic Law, that aren’t as protected as, for example, the American constitution.

The High Court is therefore seen as a vital institution keeping the government in check. But Rhotman thinks that the High Court has dismissed legislation over the years simply because it “didn’t like it” while ignoring the fact that it was promoted by elected officials.

Discrimination law

According to the coalition agreement between Religious Zionism and Likud, the current discrimination law will be amended so that business owners and doctors will be able to turn away customers and patients if it “contradicts their religious beliefs”.

That set off alarm bells among civil and human rights organizations in Israel and in particular in the LGBTQ community which fears that it will allow ultra-orthodox doctors and business owners to discriminate against them.

But Rhotman again dismisses those fears. “It’s not true and it’s definitely not the situation in question. The idea behind the law is Cake Master vs Colorado, and to try and legislate something similar in Israel,” he said.

The case known as Masterpiece Cakeshop vs Colorado Civil Rights Commission surrounded a cake shop owner who refused to sell a cake to a gay couple citing his religious beliefs. The case ended up in the U.S. Supreme Court, which ruled in favour of the owner.

“Of course some people saw this as discrimination against gays but the Supreme Court said it wasn’t,” Rhotman says.

In other words, this could be the new norm in Israel with the amendments to the discrimination law. But according to Rhotman, the issue of the LGBTQ community is not the central focus. The government wants to make sure people can exercise their religious freedom, which Rhotman says isn’t the case currently.

Law of Return 

One of the proposals by Religious Zionism and the ultra-orthodox parties that have drawn most criticism in the Diaspora is the cancellation of the “grandchild” clause, which allows the grandchildren of Jews to immigrate to Israel under the Law of Return.

Earlier this month, the Jewish Agency sent a letter to Israeli Prime Minister Benjamin Netanyahu expressing its concern over “voices” in his new government that are advocating for a change to the Law of Return as well as the religious status quo.

“It is our duty to share with you our deep concern regarding voices in the government on issues that could undermine the long-standing status quo on religious affairs that could affect the Diaspora,” the letter said.

But for Rhotman, this is another negligible issue. According to him, the change will primarily affect those immigrating from former Soviet Union countries.

“Most of the Olim from there are non-Jews and some of them don’t even want to be Jews. And they make Aliyah to Israel because they get benefits. A lot of them get the benefits and go back or leave for other countries,” Rhotman claimed.

The issue, however, has been raised by both American and British Jewry as a huge concern.

Rabbi Lea Mühlstein from The Ark Synagogue London told Jewish News that the proposals were “very disappointing, especially at this time when Israel is preparing itself for mass immigration from Russia and Ukraine. Many of those might not be able to come if the grandchild clause is nixed.”

She added: “It’s also a massive slap in the face to Reform Judaism in the US and Liberal Judaism in the UK. It basically tells Jews around the world that Israel isn’t the homeland for Jews, it’s the homeland for Israeli citizens.”

West Bank settlements

One of the central issues for Religious Zionism is annexing West Bank settlements, something party leader Bezalel Smotrich has vowed to fulfill. When asked about an upcoming Likud sponsored law on annexing the Jordan Valley, Rhotman won’t say if the party will vote for or against it.

He also disagrees with the term annexation, which he says applies only when you take land from another country: “There is no country which has claims for those lands. The right term is therefore applying Israeli law.”

With such a decision, he says, Israel “has to check with our friends, allies and enemies and try to think how they will react. It’s for the government to decide on the timing. But if you ask me on a matter of principle, of course I think we should [apply sovereignty].”

Since the settlements in the West Bank are considered illegal under international law, there’s currently no country in the world that supports Israeli annexation or sovereignty over those areas.

Temple Mount

According to the status-quo agreement from 1967 between Israel and Jordan, Jews are allowed to visit the Temple Mount but not to pray on the holy site. The Temple Mount, or Haram al-Sharif as its known to Muslims, is also the home of the Al-Aqsa Mosque.

In recent years, several incidents of Jews praying at the Temple Mount have been documented on video, causing great anger among Palestinians and the rest of the Muslim world.

While leading ultra-orthodox authorities have said that Jews are forbidden to even visit the Temple Mount, Religious Zionism as well as the Jewish Power party have advocated for a change in the status-quo.

“I find it hard to believe that people think Jews shouldn’t be allowed to pray on the Temple Mount,” Rhotman says.

“There’s a right for anyone to practice their religion in holy places. Now the practicing of this right depends on the situation on the ground. That’s why many times there’s an age limit for those coming to the Temple Mount from Judea and Samaria. The role of the government is to keep the peace, especially in a tense place like the Temple Mount.”

Rhotman agrees in principle that the status-quo should be changed, but that he doesn’t think there’s a need to change it in practice as things stand now: “I don’t think there’s any demand by the government today to change the status quo.”