Israel's Supreme Court Strikes Down Law Shielding Ultra-Orthodox Draft Dodgers

Israel's High Court of Justice unanimously voided a law passed in July that halted arrest proceedings against ultra-Orthodox men who evade mandatory military service. The decision came in response to five petitions challenging the law, including one filed by the Israel Free organization.

In the main opinion, Deputy President Noam Sohlberg, joined by eight other justices, ruled that the amendment fundamentally deviated from the original bill's subject matter, violating Knesset rules. Consequently, the court deemed it a law that had not properly passed its first reading, a flaw necessitating its cancellation.

Furthermore, a majority of the court found the amendment unconstitutional, arguing it severely infringes upon the right to equality without meeting the limitations clause requirements. Justice David Mintz dissented on this constitutional point.

The law, intended to prevent the jailing of yeshiva students who do not enlist, was approved by the Knesset in July with a vote of 58 to 54. At the time of its passage, United Torah Judaism chairman MK Moshe Gafni stated it was a crucial step in protecting Torah scholars, while Shas chairman MK Aryeh Deri declared it a clear message against the perceived persecution of Torah students.