Who Gets to Define the Morals of a Nation?

A Charedi wine shop in Ramat Gan (JNS)

I’m not sure whether Israel’s Supreme Court has any jurisdiction over the controversy taking place at a wine shop in Ramat Gan. But it seems to me that this is precisely what a Supreme Court is there for. To decide disputes over whose rights should be protected as a matter of constitutional law.

 Of course Israel has no constitution, But that hasn’t stop the Supreme Court from ruling certain laws ‘unconstituional’. By which they mean laws not being in concert with the liberal values of its justices. Values former presiding justice, Aharon Barak set up decades ago as the ‘obvious’ enlightened moral standard by which a modern society operates. And certainly not any sort of ancient and outdated moral code one might find in the bible. With that in mind, it is entirely predictable who they would decide in favor of in the following situation - should that case be brought before them:

For several years, a Ramat Gan store owner has found himself under fire from the municipality for opposing LGBTQ flags adorning the city’s thoroughfares, including in front of his shop, during the annual Pride Month (June).

Facing thousands of shekels in fines, he and his attorney say he is the target of selective enforcement in a clash echoing a wider cultural war against religion in the Israeli public square.

Amnon Goldis, the owner of a small boutique wine shop, “Kosher Wine Or Ganuz,” felt compelled to act three years ago when gay pride flags appeared along Ramat Gan’s Jerusalem Boulevard, where his store is located. His protest took the form of banners he placed above his storefront. The first was simply the Jewish creed, “Shema Yisrael”: “Hear, O Israel, the Lord is our God, the Lord is one.” 

With all of the angry (and sometimes violent) protests against judicial reform taking place (for 28 straight weeks as of now) it would be easy to overlook the injustice of  a perpetually liberal Supreme Court siding with the rights of the LGBTQ community.  Honoring LGBTQ rights is the epitome of modern day morality. Biblical values be damned - which in any case are irrelevant in our day.

Those who have been screaming that overhauling the judiciary would be the end of democracy completely ignore the rights of religious Jews to run their businesses in accordance with their conscience.  They may begrudgingly concede that some judicial tweaking is in order. But on the whole they would be happy to leave things just as they are. How dare the new government demand the kind of change that would destroy their liberal version of democracy?! They see any concession to religion to be a step in the direction of Israel becoming another Iran!.With extremist Charedim calling all the shots and ruining their lives. 

The problem with this attitude is that it denies the rights of Charedim to lead their in accordance with their conscience. A conscience based on biblical values. If a Charedi wine shop owner whose religious views forbid promoting an LGBTQ agenda by placing flags in front of his store he should be able to remove them. A right the current Court would surely deny him. 

Charedim are people too. They deserve to have their rights protected no less that the LGBTQ community. An impartial court would surely take the rights of both into consideration and rule accordingly. Historically, however, the Court has always decided in favor  of the LGBTQ community. There is nothing democratic about that. Protestations to the contrary notwithstanding

This is why I am so upset by the intensity all of those protesting judicial reform. They don’t give a ‘flying fig’ about Charedim. They see them all as parasites feeding off of the public trough while not contributing a thing to the greater public good. 

That is simply not true. I certainly have my issues with Charedim. Some of them pretty serious. But they are not parasites. They deserve an equal measure of justice - right along with their fellow Jews of the secular/left (and many DL/MO Jews). It would be nice if they would recognize Charedi grievances of people like that wine shop owner. Problem is - they don’t. They only see their own side as just. 

Of course the same thing can be said about the counter protesters who vilify the entirety of secular/left. That has in essence contributed to the negative image the left has of them. Charedim have in many instances behaved in ways that have contributed immensely to their negative image. In avariety of ways. 

Both sides  need to have a little more introspection about why in so many cases they are hated by the other side. Their views about each other are almost entirely negative. Just as the secular/left doesn’t understand Charedim – so too do Charedim not undertstand the secular/left. 

No one has a monopoly on virtue. There is good and bad on both sides. It would be far better for each side to stop villfying the other and learn more about the values of the other side. And to learn just how each contributes positively to the world in which they both inhabit. 

This is not the first time I have suggested this, Nor am I the only one. It is rreally nothing more than a simple formula for getting along. 

But thus far it has been like spiting in the wind.