A divisive clause in Israel's nation-state bill, which is expected to be presented to the Knesset for a vote in the near future, has come under criticism from President Reuven Rivlin as discriminatory and a contradiction to the values of the country.
The nation-state bill itself requires the state to preserve the country's Jewish character and protect state symbols and sacred Jewish sites according to Jewish tradition. If enacted, it will become one of Israel's basic laws, which have been recognized by the courts as a de facto constitution.
A clause in the bill that gives Jewish communities the power to exclude non-Jews from living there caused Attorney General Avichai Mendelblit and Tourism Minister Yariv Levin to lock horns on Sunday.
Mendelblit objected to the clause on the grounds that it is discriminatory.
On Monday, in a move that even officials in the Office of the President described as "unusual," Rivlin – who generally refrains from taking a stance on specific pieces of legislation – wrote to Prime Minister Benjamin Netanyahu, Knesset Speaker Yuli Edelstein, and Knesset Constitution, Law, and Justice Committee Chairman Nissan Slomiansky and warned them that the bill, if passed, could harm the Jewish people and the State of Israel.
"I ask that we turn our gaze inward toward Israeli society. Are we, in the name of the Zionist vision, willing to lend our hand to discrimination [against] or exclusion of a man or woman based on his or her ethnicity? The wording of clause 7b, which is before you for debate, effectively allows any group to build a community without Mizrahi Jews, haredi Jews, Druze, or LGBTQ people.
"I am concerned that the sweeping, unbalanced wording of this clause could harm the Jewish people, Jews throughout the world, and the State of Israel, and could even be wielded as a weapon by our enemies," Rivlin wrote.
"Is this what the meaning of the Zionist vision? I am certain that this was not the intention of the authors of the bill or the intention of the members of the committee or the Knesset," Rivlin said.
Rivlin wrote that in light of the aforementioned points, he was asking that the relevant parties hold an in-depth review of the ramifications of the wording of the clause in question.
"I am certain that the Knesset will act responsibly on this [proposed] basic law, which seeks to add a chapter to the evolving State of Israel as a Jewish and democratic nation," Rivlin wrote.
Despite Rivlin's missive, officials in the Kulanu party of Finance Minister Moshe Kahlon said they would not be changing their position on the legislation and they supported the bill in its current form.
Opposition Leader Isaac Herzog said in response to Rivlin's appeal that "our honored president has presented a moral, principled position that it is important to accept and implement. It's still not too late for the Knesset to take into account the needs of the Jewish people in Israel and abroad, and adhere to the principles of the Declaration of Independence and take care to preserve the character of Israel as a Jewish, democratic, egalitarian state."
Knesset House Committee Chairman MK Miki Zohar told the Walla news website in response to Rivlin's public statement that "unfortunately, President Rivlin has lost it. His campaign to be beloved by every sector in Israel has caused him to forget the DNA of [the values] he was brought up with.
"The nation-state bill is one of the most important bills that we [the Likud] have promoted in the last 10 years, and it ensures the Jewish people's principled hold on their land. I regret that President Rivlin elects time and again to attack the basic values of the right-wing government and Prime Minister Benjamin Netanyahu," Zohar said.
Likud MK Avi Dichter, who sponsored the original bill, also dismissed Rivlin's concerns.
"The president's claim that the law calls to discriminate against minorities is incorrect. The reality in Israel for decades has been the opposite: In the Negev, the largest Bedouin city in the world has been built, along with other [Bedouin] communities.
"The nation-state bill I initiated states what is obvious, but what is obvious should also be stated – that the majority in Israel has rights, too. Even Jews. The Zionist vision will only be strengthened when the nation-state bill becomes a basic law, without it hurting the rights of any individual, which are already anchored and protected by Basic Law: Human Freedom and Dignity," Dichter said Tuesday.
Meanwhile, Levin's decision to ignore Mendelblit's recommendation is expected to spark a political firestorm, especially when the coalition partners themselves are still divided over the bill's language.
Netanyahu pledged last week to ensure that the nation-state bill passes the legislative process by the end of the Knesset's summer session on July 22.
