Israel has recently been awash in controversy over nothing new in the country’s history — the intersection of policy, society, and religion.
The most recent tussle has centered around whether segregating buses based on gender should be permissible. Some in the ultra orthodox community argue that separate seating spaces for men and women would be more appropriate — keeping in mind that many synagogues separate men and women during prayers to help the focus to remain on scripture.
Opponents of this segregation argue that it’s undemocratic discrimination by treating men and women differently. They also contend that an orthodox man’s calling of a woman refusing to move to the back of the bus a “slut” is harassment.
The Israeli transportation system is already governed in part by religious laws. The buses and trains do not operate on Friday night and Saturday before sundown in compliance with the Sabbath laws.
However, segregation on gender would starkly differ from that type of religious governance, as buses not operating affects all Israelis equally, while bus segregation would treat one group of people — namely women — differently.
While Israel does not have an explicit Constitution, the country does have basic laws which combined amount to a legal structure that at least somewhat governs the complex religious and traditional “First Amendment” freedoms deemed paramount in democracies.
Israel is clearly the most — and only — democratic state in the Middle East. Minorities have tremendous influence and Israel has been progressive on many fronts — often more so than the untied States. For example, Israel has had a female prime minister and has allowed homosexual citizens to serve as soldiers for decades.
The bus incident touches on the fundamental tension between religion and democracy. At what point do religious considerations allow segregation, or does any policy that specifically targets one group run counter to democracy? Similarly, is an expression of disapproval based on religious beliefs protected in a democracy, or does the inherently demeaning and threatening rhetoric surpass acceptable limits?
As religion continues to play a major role in Israeli society, policymakers will continue to grapple with the intersection of faith and policy. However, paramount to any new policies and decisions should be the retention of Israel as a democratic state. Policies that undermine that characteristic would fundamentally change Israel as it was intended and undercut Jewish values, which are the pillars upon which democracy stands.
