Israel’s Supreme Court has unanimously ruled that ultra-Orthodox men must be drafted for military service. This decision could potentially lead to the collapse of Prime Minister Benjamin Netanyahu’s governing coalition, as Israel faces ongoing challenges.
JERUSALEM -- On Tuesday, Israel’s Supreme Court unanimously ruled that the military must begin drafting ultra-Orthodox men for compulsory service, marking a historic decision that could destabilize Prime Minister Benjamin Netanyahu’s governing coalition amidst ongoing conflict in Gaza.
This landmark ruling effectively ends a decades-old system that granted broad exemptions from military service to ultra-Orthodox men while maintaining mandatory enlistment for the secular Jewish majority. Critics have long deemed this arrangement discriminatory, creating a deep rift within Israel's Jewish community over who should bear the responsibility of national defense.
The court struck down a 2017 law that codified these exemptions, but repeated extensions and government delays prolonged the resolution. Now, in the absence of a new law, Israel’s compulsory military service applies to ultra-Orthodox men like any other citizens.
Historically, ultra-Orthodox men have been exempt from the draft, which is mandatory for most Jewish men and women, who serve for three and two years respectively, with reserve duty until around age 40. These exemptions have angered the secular public, a divide that has intensified during the ongoing eight-month conflict, as the military calls up tens of thousands of soldiers and emphasizes the need for manpower. Over 600 soldiers have been killed since Hamas' attack on October 7.
Politically powerful ultra-Orthodox parties, crucial partners in Netanyahu’s coalition, oppose changes to the current system. Ending the exemptions could cause these parties to leave the coalition, potentially collapsing the government and prompting new elections at a time of decreased popularity.
In the current context, Netanyahu may struggle to delay the matter further or pass laws to restore the exemptions. Government lawyers argued that forcing ultra-Orthodox men to enlist would “tear Israeli society apart.”
A statement from Netanyahu’s Likud party criticized the ruling, suggesting a parliamentary bill supported by the Prime Minister would address the draft issue, though critics argue it does not meet Israel’s wartime needs.
“The real solution to the draft problem is not a Supreme Court ruling,” the statement said.
The court ruled that the state was engaging in “invalid selective enforcement, representing a serious violation of the rule of law and the principle of equality before the law.”
While the court did not specify how many ultra-Orthodox men should be drafted, the military has indicated it could enlist 3,000 this year. Currently, about 66,000 ultra-Orthodox men are eligible for enlistment, according to Shuki Friedman, vice president of the Jewish People Policy Institute in Jerusalem.
The military must now develop a plan to draft thousands from a population deeply opposed to service, and whose cloistered and modest lifestyle may challenge the military’s accommodation capabilities. The army has not yet commented.
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Additionally, the court ruled that state subsidies for seminaries where exempted ultra-Orthodox men study should remain suspended, maintaining a freeze on seminary budgets imposed earlier this year.
In a social media post, Cabinet minister Yitzhak Goldknopf, leader of one of the ultra-Orthodox coalition parties, called the ruling “very unfortunate and disappointing,” without indicating if his party would leave the government.
Israel's ultra-Orthodox community constitutes roughly 13% of the 9.9 million population. It is the fastest-growing segment With a high birth rate expanding at about 4% annually. Each year, approximately 13,000 ultra-Orthodox males reach conscription age, but less than 10% enlist, according to the Israeli parliament’s State Control Committee.
Ultra-Orthodox men view their full-time religious study as their contribution to state protection. Many fear that military service would expose them to secular society, distancing them from their strict religious observance.
Ultra-Orthodox men typically attend seminaries focused on religious studies, with little emphasis on secular subjects like math, English, or science, leading critics to argue they are ill-prepared for military service or the secular workforce.
Religious women generally receive less controversial exemptions, partly because they are not expected to serve in combat units.
The court ruling does not address the status of Israel's Palestinian citizens, who are not expected to serve in the military, and most do not. As descendants of Palestinians who remained in Israel after the 1948 war that led to its creation, their relationship with the military is complex. Some Israelis view them as a fifth column due to their solidarity with Palestinians in Gaza and the West Bank.
Tuesday's ruling sets the stage for increased friction within the coalition over the draft issue. Ultra-Orthodox lawmakers will likely face intense pressure from religious leaders and their constituents, forcing them to decide whether staying in the government is worthwhile. Previous court rulings and enlistment threats have sparked protests and violence between the ultra-Orthodox community and the police.
Friedman noted that the ultra-Orthodox "understand that they don’t have a better political alternative, but at the same time their public is saying, ‘why did we vote for you?’”
The exemptions have faced legal challenges for years, with a series of court decisions deeming the system unjust. However, Israeli leaders, under pressure from ultra-Orthodox parties, have repeatedly stalled action.
The Movement for Quality Government in Israel, a key challenger of the exemptions, called on the government to immediately draft all eligible seminary students. “This is their legal and moral duty, especially in light of the complex security situation and the urgent need for personnel in the army,” said Tomer Naor, head of the group's legal department.
Netanyahu’s coalition relies on two ultra-Orthodox parties that oppose increasing enlistment. The long-serving Israeli leader has tried to comply with the court’s rulings while preserving his coalition. However, with a slim majority of 64 seats in the 120-member parliament, he is often beholden to smaller parties.
The government could attempt to draft a law restoring the exemptions, but this would be politically challenging given the court's ruling.
Some moderate members of the government have indicated they will only support a law that enlists sizable numbers of ultra-Orthodox men, and the legislative clock is running out with the Knesset soon to leave for summer recess. This could force the military to begin drafting religious men before any new law is in place.
Netanyahu has promoted a bill proposed by a previous government in 2022 that sought to address the issue by calling for limited ultra-Orthodox enlistment. However, critics argue that the bill, crafted before the current war, does not adequately address the pressing manpower shortfall as the army seeks to maintain its forces in Gaza while preparing for a potential conflict with the Lebanese Hezbollah group, which has been engaged in fighting with Israel since the war in Gaza erupted last October.
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