Israeli military must draft ultra-Orthodox Jews, Supreme Court rules

FILE — Ultra-orthodox men block a road to protest military conscription, from which their community had long been exempt, in Bnei Brak, Israel on Dec. 10, 2018. In a unanimous ruling that threatened to split Prime Minister Benjamin Netanyahu’s coalition government, Israel’s Supreme Court ruled on June 25, 2024 the military must begin drafting ultra-Orthodox Jewish men. (Corinna Kern/The New York Times)
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JERUSALEM — Israel’s Supreme Court on Tuesday ruled that the military must begin drafting ultra-Orthodox Jewish men, a decision that threatened to split Prime Minister Benjamin Netanyahu’s coalition government amid the war in the Gaza Strip.

In a unanimous decision, a panel of nine judges held that there was no legal basis for the long-standing military exemption given to ultra-Orthodox religious students. Without a law distinguishing between seminarians and other men of draft age, the court ruled, the country’s mandatory draft laws must similarly apply to the ultra-Orthodox minority.

In a country where military service is compulsory for most Jewish Israelis, both men and women, the exemption for the ultra-Orthodox has long prompted resentment. But anger over the group’s special treatment has grown as the war in Gaza has stretched into its ninth month, requiring tens of thousands of reservists to serve multiple tours and costing the lives of hundreds of soldiers.

“These days, in the midst of a difficult war, the burden of that inequality is more acute than ever — and requires the advancement of a sustainable solution to this issue,” the Supreme Court said in its ruling.

The decision exposed the fault lines in Netanyahu’s coalition, which depends on the support of two ultra-Orthodox parties that oppose their constituents’ conscription.

Israeli courts have ruled against the exemption before, including Supreme Court decisions in 1998, 2012 and 2017. The top court has repeatedly warned the government that to continue the policy, it must be written into law.

But for seven years, successive Israeli governments have dragged their feet in drafting new legislation. In 2023, the law finally reached its expiration date, leading the Israeli government to order the military simply not to draft the ultra-Orthodox while lawmakers worked on an exemption.

On Tuesday, the court indicated that its patience had finally run out, striking down that order as illegal.

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