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Court declares ultra-Orthodox military exemption law unconstitutional

[ssba]

Israel’s High Court of Justice ruled on Tuesday (23/02/2012) that a law exempting ultra-Orthodox seminary students from military service cannot be extended. The law, known as the ‘Tal Law’, is due to expire in August. The law was originally enacted to encourage voluntary participation of ultra-Orthodox men in the military and national service. In a six to three vote, the court ruled that the law’s goals were not achieved and could not be considered egalitarian, proportional and constitutional.

Legislators are now facing a tight deadline to find an alternative solution by August. If no other law is passed before the Tal Law expires, thousands of ultra-Orthodox men may be called up to military service. This could spark a confrontation between the ultra-Orthodox establishment and the army. Shortly after the ruling, Prime Minister Benjamin Netanyahu announced that he would formulate a new law to deal with the issue.

The court’s ruling was lauded by leading political figures including Defence Minister Ehud Barak, Foreign Minister Avigdor Lieberman and Kadima leader Tzipi Livni. Ultra-Orthodox politicians expressed their dissatisfaction with the decision but expressed hope that a bipartisan effort will be made to pass a new law.

The opposing views suggest that a continuation of the exemption in a different form, which remains highly unpopular among many Israelis, will spark a political crisis in PM Netanyahu’s coalition.