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Israel-Palestine-Jordan
Israeli citizenship law -- the "Jewish state" isn't as Jewish as they say it is
2006-08-24
Originally published at the Volokh Conspiracy.
by
David E. Bernstein, Wall Street Journal

A reader, sympathetic to Israel but troubled by its existence as "Jewish state," asks: "Can you point me to any case in any example where you would say '[Country A] has the right to exist as a [Race B] or [Religion C] state?' I can think of numerous claims like this by societies in the past, which are now widely condemned."

Actually, many, many countries have an official religion, including not only "backward" countries such as Iran and Saudi Arabia that enforce religious law, but "progressive" liberal bastions such as Norway, Denmark, and Iceland (all Lutheran). By contrast, Judaism is not the official religion of Israel. Jewish holidays are government holidays, but that's like Christmas in the U.S. (Family law is controlled by religious bodies, but that's true for Muslims, Christians, et al., as well as Jews, and is an artifact of Ottoman and British rule. My understanding is that most Jews in Israel are against the religious monopoly on family law, but it survives because the religious parties have disproportionate power. The Arab community, which is far more traditional in its religious practices than is the Jewish community, almost certainly is more supportive of this arrangement than the Jews are, so this has really nothing to do with Israel being a "Jewish state," as such.)

As for the question of "race," the problem can't be "self-determination" of a group, because the propriety of that principle seems rather well-accepted. "Jewishness" is not a racial identity, but complaints about Israel being a "Jewish state" are often put in terms of the Law of Return being "racist." The Law of Return is based on ethnic (not racial) heritage and grants anyone with a Jewish grandparent automatic citizenship (the Israeli Supreme Court has held that one is not eligible for the Law of Return if one has adopted the Christian religion, because in the complex area of Jewish identity, Jews who become Christians have left the Jewish people). Non-Jewish immigrants with no ethnic Jewish background can become citizens, with some difficulty, as can, automatically, non-Jewish immigrants closely related to Jews (e.g., spouses), many of whom have recently arrived from the former Soviet Union. Arabs who lived in Israel during the War of Independence (and thus presumptively accepted the existence of Israel and were not engaged in warfare against Israel) and their descendants have full citizenship rights, but they are relieved of one of the major obligations of Israeli citizenship, military or other national service . . . .
Hit the link and read the rest of it; there's a lot of information on comparative immigration law, and proof that a lot of things everybody "knows" are wrong.
Posted by:Mike

#10  acknowledged :-)
Posted by: Frank G   2006-08-24 23:09  

#9  Frank G: One meaning of "uppity" is outperforming your betters. Or being selected for some high office by the local sultan.
Posted by: James   2006-08-24 22:56  

#8  Baruch haBah. Blessed be those who come. A debt long owed, I think.
Posted by: trailing wife   2006-08-24 21:30  

#7  good for him. They should be protected
Posted by: Frank G   2006-08-24 21:23  

#6  Peretz admits Lebanese refugees into Israel
group of Lebanese relatives of former members of an Israeli-allied militia crossed into Israel Thursday night, seeking refuge from possible revenge attacks by Hizbullah in the wake of the latest fighting between the Islamic guerillas and Israeli forces.
Posted by: gromgoru   2006-08-24 21:03  

#5  Nah, Arabs don't mind Jews, so long as they know their place and don't get "uppity."

I disagree - I think the very existence of Joooos drives the Arabs batty - look at the progress (technological, geographical, economical) made by them Jooooos vs the Arabs. If the Arabs didn't have oil, they'd be dung-burning hut-dwellers and camel caravaning still....
Posted by: Frank G   2006-08-24 19:42  

#4  Nah, Arabs don't mind Jews, so long as they know their place and don't get "uppity."
Posted by: James   2006-08-24 18:37  

#3  Straw man, folks. Straw man. Set one up and attack it to hide your real motives.

Arabs don't object to Israel because it's a 'Jewish State'. They object to the EXISTENCE of Jews.
Posted by: mcsegeek1   2006-08-24 09:48  

#2  And let's not forget the Arab republic of Algeria. Arab and to hell with Berbers.
Posted by: JFM   2006-08-24 08:27  

#1  Never ceases to amaze me that muslims complain that a "Jewish state" is racist.

Saudi Arabia: No churches (and of course no synagogues!) allowed

Malaysia: Just today, the NYT had an article about a Malaysian woman who converted from Islam to Christianity - it was not allowed because of the Sharia laws governing Malaysia. (and of course, she received the obligatory death threats that go hand in hand with the ROP).

Not to mention the Islamic Republics of Iran, Pakistan, Indonesia, etc. . .

But a JEWISH state....well, that's unacceptable. Just ask the UN.
Posted by: PlanetDan   2006-08-24 07:35  

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