Israeli Parliament Advances Basic Law Declaring Torah Study a National Value Amid Coalition Deal

The Israeli Knesset approved the Basic Law on Torah Study in its first reading on July 5, 2023, as part of a political deal between Prime Minister Benjamin Netanyahu and ultra-Orthodox parties to maintain coalition stability. The law aims to establish Torah study as a fundamental value of the State of Israel, providing a constitutional counterbalance to the principle of equality enshrined in Basic Law: Human Dignity and Liberty. This legal framework is intended to support future exemptions from military conscription for ultra-Orthodox yeshiva students by legitimizing such exemptions as proportionate despite potential equality concerns.

Originally, the bill equated the status of Torah scholars with IDF soldiers, but this comparison was removed following public backlash. The current text states that Israel, as a Jewish state, highly values Torah study and regards those dedicated to long-term Torah learning as making a significant contribution to the nation and Jewish people. Opponents fear the law could be used to justify religiously motivated legislation that conflicts with equality, such as gender segregation, by giving courts a new basis to uphold such measures.

Netanyahu personally voted in favor to ensure the bill passed with a supermajority of at least 61 votes, strengthening its constitutional weight and making it harder to overturn in the Supreme Court. The law passed with 63 votes in favor and 53 against. The ultra-Orthodox parties insisted on this law after recognizing that a direct military exemption law would not pass in the current Knesset term. This law is seen as foundational for future conscription legislation benefiting the ultra-Orthodox, alongside other religious laws.

The coalition deal also includes advancing laws preventing arrests of draft-dodging ultra-Orthodox and kosher certification reforms. In return, the ultra-Orthodox parties support politically sensitive coalition initiatives, including a parliamentary inquiry into the October 7 attacks and changes to the attorney general's role. The bill sparked heated debate, with some opposition MKs condemning it as undermining national security and equality, while coalition members praised it as restoring honor to Torah study.

The law is expected to proceed to second and third readings by July 17, before the current coalition's term ends, solidifying its status as a constitutional basic law.