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ndlers; there are law-abiding citizens and there are criminals; there are all kinds of
people. All of these factors also create different opportunities and possibilities in social
life. In England there's a saying: "Justice is open to everyone in the same way as is the
Ritz Hotel." It applies to us, too. Officially, in terms of the law, justice and social status are
available to everyone in the same way as is the Hilton Hotel, or the King David Hotel in
Jerusalem. In practical terms, not everyone can take advantage of that. The legal and social
equality that the founders sought to ensure for the citizens of the state is indeed upheld,
but in practice it is in many cases merely a formal equality that does not respond to the
actual, pressing needs of the people involved.
R eligion and conscience
T he Scroll of Independence declares that "The State of Israel […] will guarantee freedom of
religion, conscience, language, education and culture […]." I believe that in these areas the
proclamation has been fulfilled, and is being fulfilled, to a considerable extent, although
not fully. In general, every citizen of the state enjoys freedom of religion, which also means
the freedom not to belong to any religion, and even to declare himself not only as having
no religion but also as opposing all religion, so long as he does not try to force his views
on others.
As to freedom of conscience, there was an incident in which two couples, members
of kibbutzim affiliated with HaShomer HaTza'ir, who professed no religious faith and
were opposed to the religious ceremony involved in marriage, decided to hold a civil
marriage ceremony, which is not recognized by law, and asked the court to recognize
them as lawfully married. The judges opined that in so important a matter as personal
status, a person of no religious faith should not be subject to religious law and religious
jurisdiction that goes against his conscience, since the Scroll of Independence stipulates
that the state ensures its citizens freedom of religion and conscience. In its ruling, the
Supreme Court stated that the concept of freedom of conscience is broader than freedom
of religion, and it relates, to a considerable degree, to the individual awareness of every
individual – where the subjective element is of primary importance. Therefore, the court
was willing, in terms of theoretical principle, to recognize the legitimacy of the argument
that "obligating a person who denies religion to submit to the jurisdiction of a religious
court, and to undergo a ceremony of a traditional religious character that goes against his
awareness and conscience, represents a marring of his freedom of conscience."
B ut here we encounter the conflict between the ceremonial proclamation of the Scroll
of Independence and the explicit legal regulation that places jurisdiction in matters of
marriage and divorce of Jews who are residents and citizens of the state, in the hands of
the rabbinic courts, which operate and rule in accordance with Jewish law. In this type of
conflict between the Scroll of Independence and the law of the Knesset, the law prevails
over the Scroll – as we shall discuss in more detail below.
The Declaration at a Distance 245
people. All of these factors also create different opportunities and possibilities in social
life. In England there's a saying: "Justice is open to everyone in the same way as is the
Ritz Hotel." It applies to us, too. Officially, in terms of the law, justice and social status are
available to everyone in the same way as is the Hilton Hotel, or the King David Hotel in
Jerusalem. In practical terms, not everyone can take advantage of that. The legal and social
equality that the founders sought to ensure for the citizens of the state is indeed upheld,
but in practice it is in many cases merely a formal equality that does not respond to the
actual, pressing needs of the people involved.
R eligion and conscience
T he Scroll of Independence declares that "The State of Israel […] will guarantee freedom of
religion, conscience, language, education and culture […]." I believe that in these areas the
proclamation has been fulfilled, and is being fulfilled, to a considerable extent, although
not fully. In general, every citizen of the state enjoys freedom of religion, which also means
the freedom not to belong to any religion, and even to declare himself not only as having
no religion but also as opposing all religion, so long as he does not try to force his views
on others.
As to freedom of conscience, there was an incident in which two couples, members
of kibbutzim affiliated with HaShomer HaTza'ir, who professed no religious faith and
were opposed to the religious ceremony involved in marriage, decided to hold a civil
marriage ceremony, which is not recognized by law, and asked the court to recognize
them as lawfully married. The judges opined that in so important a matter as personal
status, a person of no religious faith should not be subject to religious law and religious
jurisdiction that goes against his conscience, since the Scroll of Independence stipulates
that the state ensures its citizens freedom of religion and conscience. In its ruling, the
Supreme Court stated that the concept of freedom of conscience is broader than freedom
of religion, and it relates, to a considerable degree, to the individual awareness of every
individual – where the subjective element is of primary importance. Therefore, the court
was willing, in terms of theoretical principle, to recognize the legitimacy of the argument
that "obligating a person who denies religion to submit to the jurisdiction of a religious
court, and to undergo a ceremony of a traditional religious character that goes against his
awareness and conscience, represents a marring of his freedom of conscience."
B ut here we encounter the conflict between the ceremonial proclamation of the Scroll
of Independence and the explicit legal regulation that places jurisdiction in matters of
marriage and divorce of Jews who are residents and citizens of the state, in the hands of
the rabbinic courts, which operate and rule in accordance with Jewish law. In this type of
conflict between the Scroll of Independence and the law of the Knesset, the law prevails
over the Scroll – as we shall discuss in more detail below.
The Declaration at a Distance 245
