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A law professor worries Israel could become the next Hungary
(JTA) — Israel’s new governing coalition has been called the “most right-wing” in the nation’s history. That’s heartening to supporters who want the country to get tough on crime and secure Jewish rights to live in the West Bank, and dismaying to critics who see a government bent on denying rights to Israel’s minorities and undermining any hope for a peaceful solution to the Israeli-Palestinian conflict.
While the far-right politics of new government ministers Bezalel Smotrich and Itamar Ben Gvir have drawn much of the world’s attention, a series of proposed changes to Israel’s judicial system has also been raising hopes and alarms. On Wednesday, new Justice Minister Yariv Levin announced an overhaul that would limit the authority of the High Court of Justice, Israel’s Supreme Court. It would put more politicians on the selection committee that picks judges, restrict the High Court’s ability to strike down laws and government decisions and enact an “override clause” enabling the Knesset to rewrite court decisions with a simple majority.
Levin and his supporters on the right justify these changes as a way to restore balance to a system that he says puts too much control in the hands of (lately) left-leaning judges: “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us. Many sectors of the public look to the judicial system and do not find their voices heard,” he asserted. “That is not democracy.”
Critics of the changes call them a power grab, one that will hand more leverage to the haredi Orthodox parties, remove checks on the settlement movement and limit civil society groups’ ability to litigate on behalf of Israeli minorities.
To help me make sense of the claims on both sides, I turned to Tom Ginsburg of the University of Chicago, where he is the Leo Spitz Distinguished Service Professor of International Law and co-directs the Comparative Constitutions Project, which gathers and analyzes the constitutions of all independent nation-states. He’s also a Jew who has transformed a former synagogue on the South Side of Chicago into a cutting-edge arts space, and says what’s happening with Israel’s new governing coalition “raises my complicated relationship with the country.”
We spoke on Friday. Our conversation has been edited for length and clarity.
Jewish Telegraphic Agency: You have written about law in Israel, which lacks a constitution but relies on a series of “basic laws” to define its fundamental institutions. You’ve written that the Israeli judiciary had become “extremely powerful” — maybe too powerful — in imbuing the basic laws with a constitutional character, but worry that the current reforms will politicize the court in ways that will undermine Israeli democracy.
Tom Ginsburg: The proposed reforms were a campaign promise of certain elements of this coalition who have had longstanding grievances against the Israeli judiciary. The Israeli judiciary over the last decades has indeed become extremely powerful and important in writing or rewriting a constitution for Israel, promoting human rights and serving as a check and balance in a unicameral parliamentary system where the legislature can do anything it wants as a formal matter. A lot of people have had problems with that at the level of theory and practice. So there have been some reforms, and the court has, in my view, cut back on its activism in recent decades and in some sense has been more responsive to the center of the country. But there’s longstanding grievances from the political right, and that’s the context of these proposals.
A lot of the concerns about the new government in Israel are coming from the American Jewish left. But in an American context, the American Jewish left also has a big problem with the United States Supreme Court, because they see it as being too activist on the right. So in some ways isn’t the new Israeli government looking to do what American Jewish liberals dream of doing in this country?
Isn’t that funny? But the context is really different. The basic point is that judicial independence is a really good thing. Judicial accountability is a really good thing. And if you study high courts around the world, as I do, you see that there’s kind of a calibration, a balancing of institutional factors which lead towards more independence or more accountability and sometimes things switch around over time.
Israeli Justice Minister Yariv Levin holds a press conference at the Knesset, the Israeli parliament in Jerusalem, Jan. 4, 2023. (Olivier Fitoussi/Flash90)
You mean “accountability” in the sense that courts should be accountable to the public.
Right. The Israeli promoters of these plans are pointing to the United States, in particular, for the proposals for more political involvement in the appointment process. On the other hand, in the United States once you’re appointed politically, you’re serving for life. There’s literally no check on your power. And so maybe some people think we have too much independence. If these proposals go through in Israel, there will be a front-end politicization of the court [in terms of the selection commission], but also back-end checks on the court [with the override clause that would allow a simple majority to reinstate laws struck down by the Supreme Court]. So in some sense, it moves the pendulum very far away from independence and very much towards accountability to the point of possible politicization.
And accountability in that case is too much of a good thing.
Again, you don’t want courts that can just make up rules. They should be responsive to society. On the other hand, you don’t want judges who are so responsive to society that there’s no protection for the basic rights of unpopular minorities.
What makes Israel either unique or different from some of the other countries you study, and certainly the United States? Part of it, I would guess, is the fact that it does not have a constitution. Is that a useful distinction?
They couldn’t agree on a single written constitution at the outset of the country, but they have built one through what you might call a “common law method”: norms and practices over time as well as the system of “basic laws,” which are passed by an absolute majority of the Knesset, where a majority of 61 votes can change any of those. But while they’re not formally entrenched, they have a kind of political status because of that term: basic law.
By the way, the Germans are in the same boat. The German constitution is called the Basic Law. And it was always meant to be a provisional constitution until they got together and reunified.
If you don’t have a written constitution, what’s the source of the legitimacy of judicial power? What is to prevent a Knesset from just passing literally any law, including ones that violate all kinds of rights, or installing a dictator? It has been political norms. And because Israel has relied on political norms, that means that this current conflict is going to have extremely high stakes for Israeli governance for many decades to come.
Can you give me a couple of examples? What are the high stakes in terms of democratic governance?
First of all, let me just say in principle that I don’t oppose reforms to make the judiciary more independent or accountable in any particular country. But then you obviously have to look at the local context. What’s a little worrying about this particular example is that several members of this coalition are themselves about to be subject to judicial proceedings.
Including the prime minister, Benjamin Netanyahu.
Right. And for example, they need to change the rules so that [Shas Party chairman] Aryeh Deri can sit in the cabinet despite his prior convictions. That indicates to me that maybe this isn’t a good-faith argument about the proper structure of the Israeli, uncodified constitution, but instead a mechanism of expediency.
Any one of these reforms might look okay, and you can find other countries that have done them. The combination, however, renders the judiciary extremely weak. Right now, it’s a multi-stakeholder commission that nominates and appoints judges in Israel, and the new coalition wants to propose that the commission be made up of a majority of politicians. We know that when you change the appointments mechanism to put more politicians on those committees, the more politicized they become.
Think about the United States process of appointing our Supreme Court judges: It’s highly politicized, and obviously the legitimacy of the court has taken a big hit in recent years. In Israel, you’d have politicized appointments under these reforms, but then you also have the ability of the Knesset to override any particular ruling that it wanted. Again, you can find countries which have that. It’s called the “new commonwealth model” of constitutionalism, in which courts don’t have the final say on constitutional matters, and the legislature can overrule them on particular rulings. But I think the combination is very dangerous because you could have a situation where the Knesset — which currently has a role in protecting human rights — can pick out and override specific cases, which really to me goes against the idea of the rule of law.
You mentioned other countries. Are there other countries where these kinds of changes were enacted and we saw how the experiment turned out?
The two most prominent recently are Hungary and Poland, which are not necessarily countries that you want to compare yourself to.
Certainly not if you are Israel.
Right. There’s so much irony here. When the new Polish government came in in 2015, they immediately manipulated the appointment system for the Constitutional Court and appointed their own majority, which then allowed them to pass legislation which probably would have been ruled unconstitutional. They basically set up a system where they were going to replace lower judges and so they were going to grow themselves into a majority of the court. And that’s led to controversy and rulings outside the mainstream that have led to protests, while the European Union is withholding funds and such from Poland because of this manipulation of the court.
In Hungary, Victor Orban was a really radical leader, and when he had a bare majority to change the constitution he wiped out all the previous jurisprudence of the Constitutional Court. I don’t think the Israeli government would do that. But still there is this kind of worrying sense that they’re able to manipulate interpretation of law for their own particular political interest.
Another thing I want to raise is the potential for a constitutional crisis now. Suppose they pass these laws and the Israeli Supreme Court says, “Well, wait a minute, that interferes with our common law rules that we are bound by, going back to the British Mandate.” It conflicts with the basic law and they invoke what legal scholars call the “doctrine of unconstitutional constitutional amendments,” which is basically saying that an amendment goes against the core of our democratic system and violates, for example, Israel’s character as a Jewish and democratic society. Israel has never done this, but it is a kind of tool that one sees deployed around the world in these crises. And if that happened, then I think you would have a full constitutional crisis on your hands in Israel.
Supreme Court President Aharon Barak speaks with Prime Minister Benjamin Netanyahu during a ceremony in the Supreme Court marking 50 years of law, Sept. 15, 1998. (Avi Ohayon)
What does a constitutional crisis look like?
Suppose you have sitting justices in Israel who say, “You know, this Knesset law violates the basic law and therefore it’s invalid.” And then, would the Knesset try to impeach those judges? Would they cut the budget of the judiciary? Would they back down?
When you compare Israel’s judicial system to other countries’ over the years, how does it stack up? Is it up there among the very strong systems or is it known for flaws that might have maybe hobbled its effectiveness?
It’s always been seen around the world as a very strong judiciary. Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006] it became extremely activist. And this provoked backlash in Israeli politics. That led to a kind of recalibration of the court where it is still doing its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces it’s seen as a strong court and an effective court and to me a balanced court.
But, you know, I’m not in Israel, and ultimately, they’re going to figure out the question how balanced it is or where it’s going to go. I do worry that an unchecked majoritarian system, especially with a pure proportional representation model like Israel, has the potential for the capture of government by some minorities to wield power against other minorities. And that’s a problem for democracies — to some degree, that’s a problem we face in the United States.
How correctable are these reforms? I am thinking of someone who says, “These are democratically elected representatives who now want to change a system. If you want to change the system, elect your own majority.” Is the ship of state like this really hard to turn around once you go in a certain direction?
This is an area in which I think Israel and the United States have a lot of similarities. For several decades now, the judiciary has been a major issue for those on the political right. They thought the Warren Court was too left-leaning and they started the Federalist Society to create a whole cadre of people to staff the courts. They’ve done that and now the federal courts are certainly much more conservative than the country probably. But the left didn’t really have a theory of judicial power in the United States. And I think that’s kind of true in Israel: It’s a big issue for the political right, but the political left, besides just being not very cohesive at the moment, isn’t able to articulate what’s good about having an independent judiciary. It is correctable in theory, but that would require the rule of law to become a politically salient issue, which it generally isn’t in that many countries.
How do you relate to what is happening in Israel as a Jew, and not just a legal scholar?
That’s a great question, because it really raises my complicated relationship with the country. You know, I find it to be a very interesting democracy. I like going to Israel because it’s a society in which there’s a lot of argument, a lot of good court cases and a lot of good legal scholars. On one level, I connect with my colleagues and friends there who seem very demoralized about this current moment. And I honestly worry about whether this society will remain a Jewish and democratic one with the current coalition.
The rule of law is a part of democracy. You need the rule of law in order to have democracy function. And I know others would respond and say, “Oh, you’re just being hysterical.” And, “This isn’t Sweden, it’s the Middle East.” But the ethno-nationalist direction of the country bothers me as a Jew, and I hope that the court remains there to prevent it from deepening further.
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The Ethan Klein YouTube cheating scandal is reigniting a debate about IDF service
The chronically online are still reeling from — and reveling in — the cheating scandal surrounding Jewish YouTubers Ethan and Hila Klein. And, after Hila’s estranged brother spoke out for the first time this week, commenters have revived a debate over the siblings’ service in the Israel Defense Forces, reflecting the ways in which shifting political trends online can impact even seemingly-unrelated stories.
Hila, an Israeli who met Ethan during his Birthright trip to Israel in 2007, posted a statement accusing Ethan of the affair on Oct. 22. The two had built a joint YouTube career in America garnering millions of subscribers to their show, the H3 Podcast. They married, had three children together and employed around a dozen people on their production crew — one of whom is alleged online to be Klein’s affair partner.
Because of the show’s Israeli connections, the Kleins’ Birthright meet-cute, and the show’s myriad other Jewish connections — the podcast employee allegedly having the affair with Ethan is also Jewish — discussions of Israeli politics have long swirled around the show. Ethan feuded with numerous other YouTubers and internet figures, including Hasan Piker, with whom he used to cohost a podcast, over the Oct. 7 Hamas attacks and Israel’s war in Gaza.
In recent years, especially after Oct. 7, with pro-Palestinian sentiments increasingly dominating online, the H3 Podcast’s connection to Israel has become a central part of its identity, and drawn controversy and analysis across the internet from Piker and general viewers. Each time Israel has been brought up on the show the conversations are closely tracked and analyzed in relevant subreddits.
With the Kleins making headlines because of the affair, old Israel discourse has resurfaced surrounding the internet celebrities. Central to it is the question: what level of Israeli military service is forgivable in the eyes of the far left? As Hila routinely came under scrutiny for her service, the Kleins would point to Hila’s brother Moses Hacmon, who also served but has faced far less criticism for doing so.
Hacmon, another internet celebrity, has long been feuding with Hila and Ethan, thanks to his now-wife, infamous YouTuber Trisha Paytas. (Paytas is known for an endless string of controversies including taboo OnlyFans content and saying the n-word while singing along to a rap song, as well as being accused of physically abusing Hacmon.)
Hacmon, who moved to the U.S. in 2002 to launch his art career after finishing his IDF service, met Paytas through Ethan and Hila. The Kleins had just begun having Paytas on their show, which led to Ethan launching a new podcast, Frenemies, with Paytas. Initially, the two couples were close. But the show lasted less than a year and ended in a bitter falling-out over revenue, creative disagreements and family drama, severing ties between the two couples. Now, that conflict is finding new life as fans fight over which siblings’ IDF service was most immoral.
Scrutiny over military service
In defending Hila’s IDF service, Ethan mentioned multiple times that she worked a noncombat desk job and never hurt anyone personally.
The Kleins, who show a vindictive streak against their enemies, also often deflected criticism of Hila by pointing at Hacmon, saying he was an active combatant in the air force, and pointing angry commenters in his direction. (Hacmon and Paytas, while they have drawn their own controversies in the past, have come under less fire as of late and currently are popular in the online ecosystem.)
The Kleins said that they didn’t take issue with Hacmon’s service. But, they said on numerous episodes of the podcast, if people were upset with Hila for serving in the IDF, they should be just as upset with Hacmon.
Until this week, Hacmon hadn’t publicly spoken to or about the Kleins for five years as tensions simmered. He did not invite them to his wedding with Paytas or introduce them to the couple’s three children (who are named — actually — Elvis, Malibu Barbie and Aquaman).
But Hacmon broke his silence on Tuesday to talk about the affair. He said he felt for his sister and that his door was open to her, but added that things the couple had said about him, particularly his military service, were painful lies.
“I never graduated from flight school,” said Hacmon on his podcast with Paytas. “I never was a pilot. I’ve never been in combat. I’ve never hurt anyone. I’ve never shot a gun at anyone.”
This may sound like a petty feud over minor details; either way, both siblings served in the IDF. But it reflects the shifting tides of political trends and viewer favor online.
Pro-Palestinian activism, and harsh criticism of Israel’s army in light of the war in Gaza, has become the mainstream acceptable stance online, and views are so black and white that small details can ruin an online career. Fans, hungry to cancel their enemies, scour the internet for evidence of what they consider to be a sin — for some people, even recommending the wrong book or using the wrong brand of makeup can be an indication of cancellable politics around Israel.
For many influencers, serving in the IDF at all, regardless of role, is enough for online cancellation, but since both of the siblings served, the fight boils down to details, with each sibling attempting to distance themselves from the violence as much as possible to prove that they are not the wrong kind of Jew.
Getting into the weeds on Israel
But a decade ago, this political framework had not yet taken hold of the internet, and Israel was not a pariah online — meaning that the evidence on both Hila and Hacmon’s service can get muddled, as they presented their records differently back when they seemingly thought it sounded cool to be in the army.
An interview with Hacmon published sometime circa 2015 seems to corroborate some of his most recent statement:
“I spent a year and a half in the flight school,” Hacmon said about his service in the air force. “When I left the military after three years I really wanted to catch up for that time.”
But despite his insistence that he did not see combat, in a 2021 episode of Frenemies, long before Oct. 7, Paytas seemed eager to prove her husband had been an active combatant. She bragged about Hacmon’s service in the IDF saying he deactivated bombs in Lebanon and was a “bomb specialist.”
“Whoa, whoa, whoa,” replied Ethan.
“That’s what he did,” yelled Paytas, gesturing to Hacmon who sat silently off screen.
Hila, on the other hand, worked a desk job throughout her service and at one point was, as she described it, a secretary for a brigade that conducted military missions in Ramallah, a major city in the occupied West Bank. One night, unauthorized and acting out of curiosity, she accompanied the brigade on a mission to detain “a terrorist.” This anecdote, which she shared during a 2017 episode of the couple’s podcast, would be used against her time and time again by Piker and various critics after the Oct. 7 Hamas attacks on Israel and the ensuing war in Gaza.
Viewers commenting on the siblings’ mandatory service had various takeaways.
“I don’t like either of them but you can’t call out one without the other being terrible too,” said one X user. “It’s hypocrisy.”
One commenter, coming to Hila’s defense argued: “Moses was in the IDF, just like Hila. The difference is Hila worked a desk job then asked to go out on the field ONE TIME out of curiosity. Moses worked with bombs and was actually out doing field work, as Trisha loved to brag about.”
While the exact details of each siblings’ service remains disputed, one thing is certain: the casualness with which they once discussed the IDF is gone. What used to be simple background in their personal histories — an experience most Israelis share — has become ammunition in arguments over their alleged complicity in the conflict and an opportunity for moral grandstanding.
All of this is old news, really, though; today, its main effect is drawing attention away from Ethan’s affair. The military debate and disdain many online feel for the IDF — especially in the left wing circles these four worked in — has left little sympathy for the mother of three navigating separation after a devastating affair.
The post The Ethan Klein YouTube cheating scandal is reigniting a debate about IDF service appeared first on The Forward.
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Zoom chat: Memories of Yiddish and Bund gatherings in Melbourne
אין קאַרלטאָן, אַ געגנט אין מעלבורן, האָט מען אַ מאָל געהערט ייִדיש אויף דער גאַס; געגאַנגען אויף בונדישע פֿאַרזאַמלונגען און אין ייִדישן טעאַטער, און געזונגען ייִדישע לידער.
אין אָט דער וועלט איז אויפֿגעוואַקסן דער שרײַבער אַרנאָלד זייבל, אַ קינד פֿון בונדישע אימיגראַנטן פֿון פּוילן. זונטיק, דעם 15טן נאָוועמבער, 7 אַ זייגער אין אָוונט ניו־יאָרקער צײַט, וועט אלי בענעדיקט, פֿון דער ייִדיש־ליגע, פֿירן אַ זום־שמועס מיט זייבלען וועגן זײַנע קינדער־יאָרן אין מעלבורן — דער עיקר, וועגן די ייִדישע שולן, טעאַטערס, לידער און די מענטשן וואָס האָבן געשאַפֿן יענע וועלט.
זיי וועלן אויך אַרומרעדן ווי אַזוי די זכרונות פֿון יענער וועלט לעבן ווײַטער אין זײַנע ביכער.
אַרנאָלד זייבל איז אַ שרײַבער, דערציילער און אַקטיוויסט פֿאַר מענטשנרעכט. זײַנע ביכער, וואָס זענען אויף ענגליש, באַהאַנדלען טעמעס פֿון אימיגראַציע, זכּרון און גלות. צווישן זײַנע באַקאַנטע ביכער געפֿינען זיך „קאַפֿע שעהעריזאַד“ און „בריליאַנטן און אַש“.
די אונטערנעמונג איז פֿרײַ פֿון אָפּצאָל. כּדי זיך צו פֿאַרשרײַבן, גיט אַ קוועטש דאָ.
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At Moontower Minyan, cowboy hats meet kippot
AUSTIN, Texas – In an old churchhouse in Austin, with light streaming through the arched windows, a man wearing a cowboy hat and strumming an acoustic guitar croons the classic Willie Nelson ballad, “I thought about you, Lord.”
Along with his cowboy hat, the singer is also wearing a tallit. His bandmates, plucking at the bass and playing the drums, choose a different type of headcovering: yarmulkes. Welcome to Shabbat at Moontower Minyan, held at a former church turned artist collective.
Rabbi Dan Ain and his wife, poet Alana Joblin Ain, started Moontower Minyan shortly after the Hamas-led attacks in Israel on Oct. 7, 2023 — when many Jews in Austin who didn’t have ties to a community sought meaningful ways to express their Judaism and meet others seeking a similar creative outlet.
“We wanted to have experiences where we didn’t feel locked into expressing Judaism in only one monolithic way,” said the rabbi, who moved to Austin from San Francisco at the end of the COVID pandemic. “We wanted to experience the diversity of what it could be in this town in order to be more human and more alive.”
In a population of more than 2.5 million in the greater Austin area, more than 62,000 are Jewish. According to a recent study of Austin by the Cohen Center for Modern Jewish Studies at Brandeis University, 44% of Jewish adults have lived in Greater Austin for less than one decade, while just 10% were raised locally.
The Ains are two of the 11,800 who have lived in the city for less than five years – part of a larger trend of people from the coasts coming to Austin to find something more laidback and affordable. With Moontower Minyan, they are trying to infuse that vibe into Judaism, along with a healthy dose of country tunes.
Think Purim pageants with country ballads about Esther, prayers sung to bluegrass melodies or a Honky Tonk Hanukkah with two-step lessons. Ain says Moontower Minyan is doing what Diaspora Jews have always done: blending local culture and their religion. And in a city once dubbed the “Live Music Capital of the World,” a minyan would not be authentically Austin without live music.
Though services often include traditional prayers, they also include bluegrass, jazz and other melodies. In addition, congregants take turns “making offerings,” which at Moontower means taking up a mic or an instrument and joining the band.
“If you go to a traditional synagogue, you’ll often hear melodies that are German,” Ain said. “If you go to a Reform synagogue, you might hear Debbie Friedman melodies, which are from the 1960s.”
“These are aesthetic choices, and the people that I’m meeting in Texas want to figure out ‘How do we create a Jewish community that looks and feels and sounds like us without it having to be reflected through how Eastern European Jewry looked and felt?’” he added.
David Rabinowicz, 32, moved from Boston five years ago with aspirations of gaining a foothold in the music scene. He quickly found his footing, but after Oct. 7, a lot of his industry friends turned their backs.
“I lost a pretty significant amount of my community,” he said. “A lot of the arts got dominated by anti-Jewish sentiments. It became very clear to me very quickly: I wished I had invested some time into building a Jewish community, in part as a safety net, and it became clear to me that was a very important thing to me missing from my life.”
Determined to do more “Jewish things,” he attended a Shabbat dinner where he met Ain and eventually became creative director of Moontower Minyan.
“It’s done a lot for me to get to take these ostensibly different sides of my life and not only have them coexist, but actively feed off of each other,” he said.
Jew Boom
Ain, now 50, hadn’t always planned to be a rabbi. He graduated law school, took the bar exam, and was about to begin practicing in Manhattan when 9/11 happened.
“I felt a calling to serve the Jewish people, in particular those who — like me — felt called back to their faith,” he said.
The following year, Ain enrolled in rabbinical school at the Jewish Theological Seminary, part of the Conservative movement. For two decades now, he has served Jews both through traditional congregations and independent minyanim, creating start-up projects with his wife, including a Brooklyn-based group called Because Jewish, which offered musical meditations.
Raised in Long Island, he never saw himself living in the Lone Star State.
Little did he know, for more than a century, Austin had been home to a small Jewish population until 1968, when the community began to grow. Since then it has grown 20-fold, one of the fastest growing Jewish communities in the U.S. University of Texas at Austin,
the flagship of the University of Texas system, has had much to do with that growth, bringing Jewish professors and students from all over the country.
As Austin became a center for high-tech industry, more Jewish adults moved there in the 1980s to work for companies like IBM, Texas Instruments and Motorola. But it was a single company, started by a Jewish UT Austin student, Michael Dell, that really made the city’s Jewish population explode: Dell Computers.
The company transformed Austin from a medium-sized college town to a booming tech-hub, drawing workers from across the country. In 2000, Michael Dell shaped the Jewish community in another way, creating the Dell Jewish Community Campus, which hosts the city’s JCC, federation, a day school and three synagogues.
Austin saw another boom during the COVID pandemic, when the Austin metro area’s population grew by 15 %. Moving to Austin in 2022 from San Francisco where Dan was a rabbi at a Conservative congregation, the Ains became part of this boom.
But the suburban-style Texas sprawl of Austin covers nearly 320 square miles, a footprint larger than New York City. Only 13% of Austin’s Jewish
families live in close proximity to the Dell campus in northwest Austin. For the Ains and many other Austin residents, getting there is practically a road trip. That might explain in part why the Brandeis study found that only
15% of Jewish households belong to a Jewish congregation either locally or elsewhere.
Light up the Texas night
Moontower Minyan fills a void in more ways than one.
Ellie Cohen, 23, is one of the few members of Moontown who was born and raised in Austin. She left for college at the University of California in Los Angeles, then came back, hoping to take advantage of the laid back vibe and musical culture. But she discovered her hometown, whose slogan famously used to be “Keep Austin Weird,” now wasn’t all that different from other American cities with high tech hubs and corporate headquarters.
As the city has become a destination, it’s also gotten more expensive. Artists have been priced out and homegrown live music venues have shuttered. For Cohen, worshiping with Moontown Minyan conjures what she missed.
“I didn’t think Jewish life could be cool in Austin, Texas,” Cohen said. “Judaism is such an intimate way to get to
know people. I love what Moontower is doing to awaken that in a lot of people.”
Moontower Minyan’s name is inspired by Austin’s history. More than a century ago Austin erected its first “moontowers,” 165-foot steel lighting structures to light up the darkness. The city still has 17 in use today, and they even got a shout out in the film “Dazed and Confused,” where the characters party under a moontower.
Dan Ain likes the imagery of a light in the darkness: “lighting up like a menorah, wanting to light up the Texas night, is a nice feeling for us.”
The minyan’s monthly Shabbats, held at the Something Cool Studios artist collective, draw around 60 people. High Holiday services were standing room only.
The Ains are even expanding the community into the area’s Hill Country, a rapidly-growing area right outside the city.
“When you leave a service that he does, you feel really good about yourself, and you feel really good about being Jewish,” said Sarah Kline, a mother of four who lives in the Hill Country town Dripping Springs. “That’s what I want my kids to feel.”
Phill Brush, a bluegrass bassist and singer who regularly performs at Moontower Minyan, had never thought to incorporate his Judaism into this bluegrass.
“Rabbi Dan is the first rabbi I hung out with since I graduated Hebrew school,” said Brush.
“His service style is not the typical sit down and say the prayers that we always say, and do that,” said Brush. “He is building and cultivating his own style and interpretation of spirituality, especially based around art and music, which resonates with me.”
Moontower Minyan even inspired Brush to start a new band, “Old Time Religion,” which sings bluegrass songs about stories from the Hebrew Bible and has become Moontower Minyan’s house band.
At a recent Shabbat dinner with Moontower’s leadership team, Alana Joblin Ain covered her eyes as she recited the blessings over the Shabbat flames. Dan Ain blessed the wine and challah, tore the bread and tossed chunks to guests across the table as he delivered a d’var Torah based on the parsha. He compared the Tower of Babel, built after the flood, to an ancient AI data center. Both illustrate humanity’s tendency toward self-preservation and conformity in the face of fear.
“God comes down and says this is not good,” he explained. “It’s not good if we lose the point of being human, which is to express our creativity and our individuality and our humanity the way God intended.”
“If you want to think about sort of after a tragedy when a lot of people wanted to get together and express their Jewish identity,” he said, referring to Oct. 7, “we’ve begun to create a space where people can do it in a way that feels authentic.”
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