Legal Opinion Finds No Feasible Path for Ultra-Orthodox Draft Exemption Demands
Translated & summarized from Channel 13 by baba
A new legal opinion states that granting military service exemptions to ultra-Orthodox yeshiva students is not legally feasible and would not pass Supreme Court review. The document, commissioned by Free Israel, argues for enforcing the draft law and halting funding for students without legal deferment. This contradicts the demands of ultra-Orthodox parties, potentially jeopardizing coalition negotiations.
The story in 5 lines · by baba
- A legal opinion deems ultra-Orthodox draft exemptions unfeasible under Supreme Court review.
- The opinion states the state must enforce the draft law on yeshiva students from July 1, 2023.
- Continued funding for yeshivas for non-draft-eligible students lacks legal basis, the opinion says.
- The legal findings directly conflict with demands from ultra-Orthodox parties for draft exemptions.
- The opinion suggests personal sanctions and equal criminal law enforcement for non-compliance.
Efforts within the "Change Bloc" coalition to form a government including ultra-Orthodox parties are facing a significant legal hurdle, as a newly published legal opinion asserts there is no judicial feasibility for the draft exemptions the parties are demanding. The eight-page document, obtained by senior figures in the "Change Bloc," concludes that any legislative attempt to grant a military service exemption to yeshiva students would not withstand Supreme Court (Baggatz) scrutiny.
The legal opinion was commissioned by the Free Israel organization and drafted by a legal team from the Klay Rosen law firm, which has a track record of successfully challenging the state on draft-related issues. The document states that as of July 1, 2023, the state must enforce the Security Service Law on yeshiva students and that there is no legal basis to continue funding yeshivas and kollels for students who have not received an exemption or whose service is not legally deferred.
Furthermore, the opinion suggests that any future arrangement would require significant personal sanctions for non-compliance, including the revocation of benefits and financial support, alongside the equal enforcement of criminal law. This directly contradicts the demands of the ultra-Orthodox parties, which reportedly include a one-year halt to the draft obligation, a freeze on arrests, and the removal of sanctions.
The legal opinion's conclusions also clash with the Supreme Court's recent rulings, implying that the ultra-Orthodox parties must moderate their demands for coalition negotiations to progress. Failure to do so could lead to the premature end of the talks.
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