A bench of 11 High Court judges held a hearing last Monday
morning as part of an appeal by heretical `streams of
Judaism' demanding that the so-called conversions they
conduct be recognized by the State of Israel. A majority of
seven judges decided that individuals who lived in Israel for
several years and underwent conversion in Eretz Yisroel or
abroad could receive new immigrant status based on the Law of
Return. The judges postponed their decision on whether to
recognize Reform and Conservative conversions in Israel and
asked the Interior Minister to present his stance on the
matter within six weeks.
Two appeals were filed, over five years ago, regarding the
question whether the Law of Return should apply to people who
went abroad to undergo conversion there. Performed by Reform
or Conservative organizations, such conversions are evidently
intended to sidestep the Chief Rabbinate of Israel.
The High Court already ruled a few years ago that following
Reform and Conservative conversions performed abroad, the
convert would be listed as a Jew in the Population Registry,
but they have yet to determine whether he would also be
considered a Jew according to the Law of Return, which
defines a Jew as someone born of a Jewish mother or
converted.
At the time of the first part of the ruling in the case, the
judges rejected the State's position that the Law of Return
does not apply to those who convert while in Israel, if their
status officially connects them to Israel and Israeli
society, but only to those who convert abroad. "Conversion
performed abroad will be recognized in Israel for Population
Registry purposes," claimed the State. However, claimed the
State Attorney, in order to circumvent the law the appellants
traveled abroad and therefore they should be viewed like
those who convert in Israel. Therefore the Law of Return
would not apply and the conversions were not performed with
the permission of the Chief Rabbinate.
In Monday's hearing, the seven judges rejected the State's
position, saying that those living in Israel for several
years who underwent conversion in Israel or abroad could be
considered new immigrants according to the Law of Return as
well.
On the question of whether to recognize Reform or
Conservative conversions, the judges deferred their decision
until after receiving the Interior Minister's opinion.
Several months ago, Avrohom Poraz, the interior ministry from
Shinui, announced that these goyim should be
recognized as Jews according to the Law of Return.
Poraz' position was even presented to the High Court as "the
Interior Minister's personal opinion," whereas now the judges
are asking for the Interior Minister's official stance,
raising concerns that the judges will accept it and order
those who undergo Reform or Conservative conversion to be
recognized under the Law of Return.
Degel HaTorah Chairman Rabbi Avrohom Ravitz says the judges
have already accepted Poraz' position by asking for him to
submit it officially, since his opinion has already been
publicized in the past. "The High Court has done a
disgraceful act, not written anywhere. It has asked to
receive the position of the Interior Minister on a question
of a legislative change or amendment only the Knesset is
authorized to execute. Governments in Israel fell because of
involvement in the significant question of conversion
according to halacha, whether to permit or not to permit the
heretical conversions. Therefore the judges are asking the
Interior Minister to take a stance when it is not under his
authority at all. The High Court decision proves once again
that the judges are trying to take control over the Jewish
identity of the State of Israel, which they should not touch,
for they have not been authorized to do so."
Degel HaTorah Secretary Rabbi Moshe Gafni said the judges are
essentially asking for the appellants' stance and to assist
the heretical `streams,' and they hope the current political
circumstances will help them make an extreme decision. "I
hope the High Court does not accept the Interior Minister's
recommendation," he said. "The government cannot present such
a position, for it will bring about a deeper rift in the
Jewish people."
