Reestablish Israel

I write from an Israel with a divided soul. It is not only defined by its contradictions; it is at risk of being torn apart by them. It is a country with uncertain borders and a government that ignores its own laws. Its democratic ideals, much as they have helped shape its history, or on the verge of being remembered among the false political promises of 20^th-century ideologies.

For Israel to establish itself again as a liberal democracy, it must make three changes. First, it must end the settlement enterprise, end the occupation, and find a peaceful way to partition the land between the Jordan and the Mediterranean. Second, it must divorce state and synagogue—freeing the state from clericalism, and religion from the state. Third and most basically, it must graduate from being an ethnic movement to being a democratic state in which all citizens enjoy equality.

Proposing these changes provokes several reflexive objections, inside Israel and beyond. First, many Israeli Jews translate any call for full equality of all citizens as a demand that Israel cease to be a Jewish state. The supposed choice is a false one. Israel can be a liberal democracy and still fulfill the justifiable desire of Jews, as an ethnic national group, for self-determination.

The liberal meaning of self-determination begins with the rights of individuals. As Israeli political thinker Chaim Gans argues, it expresses the justifiable desire of members of an ethnic group to maintain a basic aspect of their humanity and personal identity: their culture. To live in their culture and preserve it, they need a place where that culture shapes the public sphere. The natural and must justifiable place for that to happen is their homeland, or in part of it.

But in the real world, in contrast to utopias, individual rights clash. The classic metaphor for this is the man crying fire in a crowded theater: Dogmatically preserving his right of expression robs others of their right to stay alive. Nation-states can be liberal democracies, but each faces the constant challenge of balancing the right of self-determination and other rights.

Israel does not have to give up being a Jewish state. It does need to establish a very different balance of rights. In a country with a significant Jewish majority, it is reasonable for the usual language of the public sphere to be Hebrew. It is reasonable for offices to close on Jewish holidays, because most people would not show up for work on those days anyway. It is also reasonable for the kitchens in government institutions—such as the army—to be kosher, since this preserves the right of Jews who observe religious dietary laws to participate fully in society.  It is not acceptable for the government to favor Jews in allocation of jobs, land, or school buildings, or for it to prevent Muslim citizens from maintaining a mosque in a mixed Jewish-Arab neighborhood. Nor is it acceptable for the government to condition the rights of non-Jewish citizens on their swearing fealty to this particular balance of rights. …

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