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Justice Minister Daniel Friedmann. (Archives) del.icio.us Digg It!  new Last update - 10:25 23/10/2007 Friedmann opposes constitution that compromises on religious matters By Yuval Yoaz, Haaretz Correspondent Justice Minister Daniel Friedmann is opposed to introducing a constitution if it includes a compromise on matters of religion and state, which would preclude the High Court of Justice intervening in these areas. Haaretz has learned that Friedmann intends to object to the initiative of the Knesset's Constitution, Law and Justice Committee to introduce a constitution that includes compromises with the religious parties on religious issues, and that he claims it would be better not to pass a constitution at all rather than include such compromises. "If you want to present an entire constitution by removing the High Court of Justice from matters of religion and state, then I am opposed to such a constitution," Friedmann told Haaretz on Monday. Advertisement Under the proposed compromise, religious legislation would be protected from invalidation by the court, and would not be subject to constitutional principles such as the principle of equality. At issue are five main areas: Rabbinical court jurisdiction regarding marriage, divorce and intimacy, as it stands pre-constitution; conversion to Judaism and other religions; the Jewish nature of the Sabbath and Jewish holidays in the public domain; observing kashrut (Jewish dietary laws) at state institutions; and granting Israeli citizenship to the relatives of anyone eligible to immigrate to Israel. Thus, it would be possible to legislate that women cannot serve as rabbinical court judges and that there are Jews who are barred from marrying, while it would not be possible to nullify these laws for infringing on constitutional rights. Friedmann's position is that the only issue that makes a constitution necessary, that justifies the High Court's intervention, and in which its activism is beneficial, is the religious issue. Under the political compromise being forged by the Knesset Constitution Committee, the constitution would stipulate that on certain matters of religion and state - including marriage and divorce - the High Court would be barred from exercising "judicial oversight" and nullifying laws on religion and state matters that violate the basic rights set down in the constitution. A similar proposal, revoking the court's authority to exercise judicial oversight on religion and state matters, was presented in the Israel Democracy Institute's draft for a proposed constitution. Friedmann's stance puts him on a collision course with Prime Minister Ehud Olmert and the chair of the Knesset Constitution Committee, Menahem Ben-Sasson. Olmert devoted his speech at the opening session of the Knesset's winter term two weeks ago to his intention to bring Israel a "constitution by consensus" in its 60th year. "The constitution will be the greatest gift the Knesset can give the state for the 60th-anniversary celebrations," Olmert said. "The constitutional drive we are leading is destined to order the mores of civil life in Israel, including the ongoing conflict between religious and secular." Jurists say draft constitution could not harm rights of minorities Several jurists expressed outrage Monday over Knesset Constitution Committee Chairman Menahem Ben-Sasson's recent statement that the draft constitution currently being prepared by his committee is liable to harm the rights of minorities such as homosexuals. Ben-Sasson (Kadima) made the comment in a closed meeting with members of the Israel Bar Association's national council a week ago. It was reported in Haaretz earlier this week. "I am shocked by this statement," said Professor Mordechai Kremnitzer of the Israel Democracy Institute. "One of a constitution's main functions is to protect the weak and minorities, and if a constitution does not succeed in doing this, or if it worsens their situation and opens a door for them to be harmed, that is a good reason not to support such a constitution." But Kremnitzer added that his understanding of the political consensus that has been emerging is that "it does not include any desire to harm the homosexual minority; on the contrary. Even according to the text that has a political majority in the Knesset, it will be forbidden to discriminate against this minority, and if an attempt is made to discriminate against it, the constitution will help it." Professor Yedidya Stern, also a senior fellow at IDI, said that "both the IDI's draft constitution and that of the Constitution Committee declare equality to be a supreme value, and clearly for those who today do not enjoy equality - and they are always minorities: homosexuals, Arabs, ultra-Orthodox - equality is meant to raise up those who are down ... The constitution is first and foremost for the benefit of minorities, although it is impossible to include explicit protection of every minority group in the constitution, since that would harm anyone we forgot." Ben-Sasson, however, told last week's meeting that "the current willingness of a large majority of the Knesset to arrive at a constitution will definitely be at the expense of those who have found succor in the court ... In our status quo, these minorities - liberals, religious minorities and ethnic minorities - feel more comfortable with the court, and as a result, I fear that they are likely to feel less comfortable with the constitution." Related articles: Draft constitution ignores crucial question of who is a Jew Knesset committee chair: Constitution likely to hurt minority rights Israeli Arab group proposes new 'multi-cultural' constitution Poll: 75% of Israeli Arabs support Jewish, democratic constitution More Jewish World news and features Bookmark to del.icio.us Mystery fall Avraham and Carmela Cohen are suspected of being involved in a soldier's murder. Lonely no more Many people hold Lonely Planet responsible for the entire globe becoming a tourist site.   1.   rationality 09:01  |  Michael 23/10/07   2.   NO RELIGION IN POLITICS - FRIEDMANN CORRECT 09:31  |  B`Galil 23/10/07   3.   Separation of Religion and State 12:41  |  Ehud 23/10/07   4.   the final judge on religion will be the supreme court ? 13:11  |  progress 23/10/07   5.   For once I support Friedmann 13:13  |  Yonatan 23/10/07   6.   "Give me liberty or give me death!" 13:19  |  Yonatan 23/10/07   7.   Israel`s Constitution. 14:26  |  sandra chitayat 23/10/07   8.   Friedman and the Constitution 14:36  |  Rich 23/10/07   9.   Rich #8: Funny 15:32  |  Polybios 23/10/07   10.   Freedom 16:18  |  Ani Neged Dat 23/10/07   11.   Compromise Law of Return and risk rupture with Diaspora, 1 18:03  |  David Turner 23/10/07   12.   Compromise Law of Return and risk rupture with Diaspora, 2 18:04  |  David Turner 23/10/07   13.   Courts should stop trying to create laws 18:26  |  Gili 23/10/07   14.   Friedmann 21:09  |  Steve 23/10/07   15.   freedom from fairy tales 21:18  |  peter 23/10/07   16.   To Peter #15- freedom from religion 16:03  |  Ani Neged Dat 24/10/07   17.   To Ani Neged Dat, In fact BG helped create and invited NRP 17:56  |  David Turner 24/10/07

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