Uncategorized
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.
—
The post A law professor worries Israel could become the next Hungary appeared first on Jewish Telegraphic Agency.
Uncategorized
Israel presses on with settler-fueled archaeology expansion, crippling Palestinian communities
JERICHO, WEST BANK — Israel’s ultranationalist government and its backers are undertaking a major drive to develop and expand archeological sites in the occupied West Bank, with leaders stressing that it is incumbent upon Jewish citizens to connect to their history and heritage.
“He who doesn’t understand the importance of an archeological site for the preservation of the nation doesn’t understand where his future is going,” Israel Ganz, head of the Yesha Council representing more than 500,000 settlers, told the Forward in an interview on Sunday.
Funding to accelerate the push emerged in May, when the cabinet allocated 250 million shekels (approximately $86 million) to preserve, upgrade and make accessible heritage sites that show ancestral Jewish presence in Judea and Samaria — lands the settler movement contends Jews are entitled to claim.
Prime Minister Benjamin Netanyahu, linking the drive to Israel entering the 60th year since its victory in the Six Day War, told the cabinet that the funds are an investment “in preserving our past in order to secure our future, strengthen our hold on the Land of Israel and pass on to future generations the heritage, identity and historical truth of our people.”
But Palestinians and left-wing Israeli groups see this as not an innocent educational drive, but rather an intensification of efforts to displace Palestinians and annex the territory.
The archeology drive, reflected in robust budgeting and ambitious planning, including of new roads and wide expropriations of Palestinian land around sites, is moving ahead despite Netanyahu’s decision early this month not to advance a bill creating a separate antiquities authority for the West Bank, both supporters and opponents of the push say. That decision, reportedly to avert international diplomatic fallout, does not affect the allocation of funds. And Ganz notes the Judea and Samaria authority can still be created in the future.
“For sure now we are seeing the largest-scale effort ever to use archeology for annexation,” said Alon Arad, director of the organization Emek Shaveh, a left-wing group watchdogging the use of archeology by settlers as a tool for expansion. The momentum stems from plans made when the coalition took power in 2022 now coming to fruition, and a sense among right-wing parties that promoting Jewish heritage is a way to impress voters for upcoming elections, he added.
Whether this is in Israel’s interest or not is in the eye of the beholder. The flagship site of the archeology drive, the Hasmonean Palaces near Jericho, reflects all that is wrong with Israel’s harsh rule over Palestinians, critics say: settler violence, violation of international law, dispossession of helpless people and a hierarchy in which Israelis have all the rights and Palestinians none.
Digging as a tool
When the Forward visited the site recently, its most striking ruins were those of Palestinian Bedouin homes, 13 of which were destroyed by a settler bulldozer driver during a day-long raid on Feb. 10 by an estimated 50 settlers according to witnesses. Haaretz reported that at least 15 homes were destroyed.
Only 200 meters from the excavations, families are living inside the ruins of their homes. Among them is Ali Kaabnah, his wife Najiba and six children, staying in a house missing one side and with a large hole in the bedroom.
It is half a house, looking as if the driver had been interrupted in the middle of his task. Somehow a refrigerator survived, still plugged in.
“The house doesn’t have supports, it is without pillars. If there is a tremor it will collapse,” Kaabnah said. His and other families have no other place to go and remained even though settlers struck again in late April and last week warned him to leave, he said. “I do not sleep because we do shifts to see if settlers are coming,” he said.
Kaabnah said that he had repeatedly called Israeli police during the bulldozing raid but they did not come. The Israel police did not respond to an inquiry from the Forward about the incident.
Ali’s brother, Yusuf, said he had to be taken to hospital with head injuries during the first attack. and that settlers severely beat his wife, Shikha, 46, during the second attack, resulting in her being treated at a hospital in Nablus. His son Aliyan, 20, was “beaten with clubs without mercy” and his youngest son, 11-year-old Ali, was also attacked, he said: “Until now he screams at night in terror that ‘they are coming.’”
Arad views the settler violence as a state-backed method, along with demolition of homes on the grounds they were built without permits, to drive Palestinians away from the area of the site. The IDF denies siding with settlers and says troops are expected to detain Israeli citizens perpetrating violent acts.
Violence is not the only threatening aspect of the archeology uptick for Palestinians. Land expropriations around sites, which include swaths well beyond the antiquities themselves, are pulling the territory from underneath the Palestinians’ feet, critics say. In the last half year, there have been three land expropriations around sites, the largest at Sebastia in the northern West Bank; plans for roads on land seized from Palestinians to enable easier access, and forays by settlers to establish a presence or control of sites on Palestinian property.
Dror Etkes, a veteran monitor of Israeli policies in the West Bank, says the Sebastia expropriation — said by the government as intended to develop the site for visits by the public — includes the vast majority of the olive groves of the Palestinian village of Sebastia. Emek Shaveh says the expropriation separates the village from antiquities, breaking an ancient attachment central to the identity of locals and harming them economically.
“The goal of Israel’s colonial project is to dispossess and settle,” said Etkes, who heads the West Bank land monitoring group Kerem Navot. “Archeology provides an effective way of doing this.”
Ganz and Heritage Minister Amichai Eliyahu — who famously raised the idea in November 2023 of dropping a nuclear bomb on Gaza — are particularly enthusiastic about developing the Hasmonean palaces site. Harkening back to the days of Joshua, Eliyahu terms the Jericho vicinity “the gateway to the land of Israel.”
He does not appear to view the settler violence at the site as a problem. In a social media post released the day of the bulldozer raid, he declared that “in every place where there is building on Jewish heritage, we will destroy it.” Speaking from the site, he promised a mass infusion of funds to achieve the perceived revival of its past glory.
Claims of vandalism
At present the Hasmonean Palaces site looks unimpressive, lacking signage, explanations or a path. Only some of the antiquities are roped off. But Ganz describes the site as being on a par with Israel’s most important ones. “I can’t say what the breadth of the site is but it certainly doesn’t fall short of Masada,” Ganz said.
According to the IDF body dealing with civilian affairs in the West Bank, called the civil administration, the site is “of great importance to Jewish heritage as well as to the architecture of the early Roman period.”
“It was built as a winter palace for the Hasmoneans in the first century BCE and served the Hasmonean dynasty for approximately 200 years,” the civil administration wrote in a statement. Subsequently during the reign of Herod there was also significant construction including a fortified palace, a bridge and a sunken garden, it added.
Ganz says the site needs to be safeguarded from what he claims is deliberate and systematic destruction by the Palestinian Authority, which he alleges has targeted it and other sites in a bid to erase evidence of Jewish ties to the land. The Civil Administration statement also cited vandalism as a major problem, though it did not specify involvement of the Palestinian Authority.
Palestinian Authority assistant deputy minister of tourism and antiquities Jehad Yasin said in remarks to the Forward that allegations of PA culpability aim to enable Israel to take over West Bank sites. “We haven’t done that. We do our best to keep our sites and if someone does something it doesn’t mean you have the right to take this site,” he said.
Yasin stressed that for an occupying power to expand sites and carry out anything other than salvage excavations violates international law. Referring to the Israeli plans at the site near Jericho, he said: “They don’t have the right to make an archeological park or an excavation. It’s a Palestinian site.”
Arad agrees Hasmonean Palaces is an important site but stresses that this in no way justifies harming Palestinians.
Ganz’s vision for the site includes new excavations, touching up finds to preserve them and steps to “absorb the public.” A new access road is seen as essential for tourism, and he wants to see a convenience store along with state-of-the-art scanning capability enabling visitors to explore information about the site.
The land for the road has already been seized by military order from Palestinians, Etkes said, adding that when it is paved it will take less than a half hour to drive from Jerusalem to the site. What’s more, according to Etkes an illegal outpost overlooking the site and situated next to an army intelligence base is on the way to becoming a full-fledged settlement.
Arad says all of this amounts to Israel turning the site into a “touristic settlement,” something he stresses has been done previously on a large scale at the popular City of David site in occupied East Jerusalem.
“You change the identity so that from a village on the outskirts of Jericho it becomes a palace of a dynasty. You don’t need actual settlers there, it’s enough to build an access road, put up a fence and whatever comes with tourist development-a kiosk, a parking lot, someone to guard it.” Arad said.
The goal, in his view, is to woo the public to the settler view that the West Bank is part of Israel. “You start bringing in tourists and it’s a normalizing process for people to go inside the West Bank and return to Haifa or wherever they are from,” he said. “They go in and out and it was fun for them and you create the idea that this is part of Israel.”
As for the possibility of there being an Arab presence at the Hasmonean Palaces site, Ganz said: “If they don’t harm the site they will be allowed gladly. But if, God forbid, there are security incidents or harm to the site, then they can’t be there.”
Ganz stressed that the homes at the site needed to be destroyed for being illegally built, but that the demolition should have been done by the state and not what he depicted as a lone deviant. “No one is permitted to take the law into their own hands,” he said.
Etkes predicts that based on the experience of other sites, local Palestinians face an extremely bleak future. He termed the sight of Palestinians living in what is left of their houses “one of the worst things I have ever seen in the West Bank.”
But that is by no means the end of the harm Israel will cause to Palestinian civilians in the vicinity of the archeological site, he said. “We will see an area completely disconnected from its surroundings,” said Etkes. “Palestinians won’t be able to enter the area. Two roads [for Israelis] will lead to this area. Settlers will be very violent, it will be very restricted for the Palestinians, construction in the area [by Palestinians] will be completely banned, the construction that already exists is without a permit and a large part of it will be demolished by Israeli authorities.”
He declared: “It will be another national park that will tell one story — the story the Israeli radical right wants you to hear.”
The post Israel presses on with settler-fueled archaeology expansion, crippling Palestinian communities appeared first on The Forward.
Uncategorized
The eternal summer question that no rabbi can answer: Will I finally hit a home run this year?
I was six or seven years old when I first dared to dream of hitting a home run. Nixon was president. Kissinger was National Security Adviser. Le Duc Tho chain-smoked at the Paris Peace Conferences where they argued for three months over the shape of the negotiating table.
I was one of the dusty dumpy boys of summer; short and overweight, I occasionally tapped or blooped the ball into the shallow outfield for a single. In my life I remember only two doubles over five decades. Nothing like the moonshots the big boys slapped into the upper atmosphere.
Sometimes I played second base, but more often I was deposited and abandoned into the Siberia of right field. Once, when I was a young adult in the UJA softball game at Heckscher Diamond in Central Park, a high-pop sailed into the outfield, nothing fancy. The orb floated daintily into my glove at the warning track. Somehow, I threw a strike to third base and nabbed the runner trying to advance on the fly. It was a rare moment of triumph.
All was right with heaven and earth at that moment, in fact with the entire solar system. It was as though I had mastered the entire Mishna in the morning and had a date with Ann-Margret later in the evening.
But most of the games were a grind. Long afternoons in the dust bowls of Queens, the sandlots of the Rockaways. Forgotten stretches of overgrown weeds between concrete and cobblestone. Chainlink backstops with holes a wild boar could poke through. Beyond the overpass of the Van Wyck and the Whitestone Expressways, a dagger dug through central Queens conceived by the community-defiler, Robert Moses in the form of Flushing Meadows Park.
Sunburnt and with solemn resolve, I muttered pleas and hopes to the baseball gods with no real hope of improvement. Thus years would pass. How I loved the game, but it would not love me back — at least not in the way I wanted it to.
I would go up to take the bat. Which should I use? Wooden, aluminum? The shorter one with the bigger snout and barrel? The longer but skinnier one? “You want to use a lighter bat,” someone would invariably say. It made no difference. I would take a weak hack and hope for the best.
My father bought me am $8 pitcher’s glove with Fritz Peterson’s signature on it. Then, I got a bat with Roy White’s signature from a giveaway on Bat Day at Yankee Stadium — June 4, 1972. It was white and wooden with a long heavy barrel. This would do it — my own bat.
Yet I held it limply at the baseball diamond. “You’re not doing it right,” someone would invariably tell me.
I came to the baseball field for absolution, for redemption, but there was none to be had. I felt hollow, even desperate. I appealed to the only man who I knew would not reject me: my late father.
Yet, my father, though I was the apple of his eye, considered baseball to be something childish. He thought I should immerse myself in the sacred texts — the only thing that would ever really pay off. Why would anyone want to play ball?
My father saw childhood itself as an illness. If he could not cure it with his strict and clear instruction and imprecations from the rabbis, it would surely pass on its own by the time I was 13.
My mother and sisters were indifferent to my baseball agony; it was something they consigned to “the mens’ world.” They couldn’t tell a baseball from a candled egg or a guinea hen.
I knew the problem was far deeper than just strength or technique. I could see the ball (I almost never struck out) so why couldn’t I hit it with force? I would go up to the batter’s box full of doubt, but excitement too. Maybe this time it would be different.
More years of weak swings and fading dreams. I was not strong. And when I reached my full height, I was 5’3”. One needed strength, but one l also needed technique. I studied the swings of the great baseball players. They seemed to take a cut from their upper shoulders and wrap a swing with even more strength coming from their glutes and hips. Perhaps only gentiles had these kinds of shoulders and hips. Oh, the mysteries of the universe…
A Freudian dilemma
When I first started playing, I was younger than everyone. Decades later on the baseball diamonds of Passaic, I am older than everyone by decades. But with age comes wisdom.
I practiced swinging hard, but I always held back, as though a full swing was un-Jewish, a sin. A full swing takes a certain, shall we say aggression? Forgive me for sounding a bit basic, but what did this swing really mean? Was this all about my father? I was afraid to take a swing; did that mean I was afraid to take a swing at dad? Only fathers can swing, but even though I was now a father and grandfather, I did not feel I could swing. I held something back.
Maybe this seems too Freudian, but in order to hold on to my father, even after he went on to the next world, I had to do poorly.
If I wanted to hit a home run, I had to let him go.
A new father
About ten years back, when I was 50, I hired a trainer, Moshe Klyman, a Jewish Greek god from Underground Gym in Tenafly. He is an anachronism from the time of the Maccabees. He can lift 630 lbs five times in a row. This modern day Samson, two decades and some younger than me, said, “you can do it.”
I believed him, at least a little. The man knows everything there is to know about the human body (and I know everything there is to know about the mind — hey, I thought, this partnership could work. ) I am convinced that on the day of creation six thousand years ago and then some, God Himself consulted with him on how to construct the first human.
A few months ago, he had me deadlift 405 lbs, almost three times my weight. If that weren’t enough he had me do 200 pull-ups 50 at a time.
“Age is irrelevant,” he said. “You and I are going places.”
As I kept working with Moshe, I got better at the game. Not a home run, though, never even close. A base hit or two, once in a while a satisfying crack at the bat.
Until now.
After years of jumping, lifting, pressing, pulling (and puking) my body began to take on a different identity, separate from my history. I may have been 62 but now I was ready for the Marines.
This past Sunday, I took a full cut, a real swing at the ball. No pulling back. I waited for my pitch and uncoiled. To my great surprise, the ball was corked, launched. It was high, it was far; it landed at the left field fence, missing a home run by just a few feet.
The left fielder, a terrific athlete, was caught flat-footed. I watched the ball fly over his head. The team was dismayed. Was this Yisrael at bat? What kind of juice was he on?
As the ball sailed farther than I ever believed, 47 years of humiliation seemed to melt away. I headed for a triple.
Maybe this summer, I will finally hit my first home run.
The post The eternal summer question that no rabbi can answer: Will I finally hit a home run this year? appeared first on The Forward.
Uncategorized
For years, Jewish activists tried to get the NYC Dyke March to accept Zionists. Now, they’re moving on.
Tens of thousands of queer women are expected to take to the streets of Manhattan on Saturday to celebrate the women who fought for their right to celebrate safely and to declare equal rights for all. Some will also be there to condemn the state of Israel, as organizers of the renowned Dyke March insist for the second year in a row that anti-Zionism has become a core value of the event.
But the bitter internal fight that shift sparked last year has vanished, along with many of the march’s longtime Jewish participants. Many will attend a separate event on Saturday hosted by Shalom, Dykes, a group created in 2024 by former Dyke March participants who have been shut out of the celebration.
“There has been an exodus,” said Nate Shalev, who spent a decade on the march’s organizing committee. Shalev stepped down when the organizers turned on them and other Jewish supporters of Israel after the Oct. 7 attacks. “Anyone who has dissented, anyone who has any sort of connection to Israel, anyone who is quote unquote not a good Jew.”
Dyke March organizers reject the notion that the march’s anti-Zionist stance disproportionately excludes Jews.
“We have Jews on the NYC Dyke March committee, and we do not believe anti-Zionism is antisemitic,” organizers told the Forward in a statement.
The split reflects broader fractures in queer spaces nationwide, as Pride Marches from Vermont to San Francisco have also splintered over positions on Israel and Gaza in recent years.
In New York, that divide now feels permanent. After getting doxxed and ousted from their roles, activists who once pushed back on the march’s anti-Zionist stance say they have given up on making change from the inside, instead directing their energy toward queer Jewish spaces.
“There’s this feeling of, where do we want to put our energy?” Shalev said. “Fighting against these folks who clearly don’t care about me or my communities, and don’t have the desire to be able to see multiple perspectives or truths, that’s not worthwhile.”
‘Settled in for the long haul’
Shalev, whose wife is Israeli, said the organizing committee debated for years whether the march would ban national flags — and by extension, the Jewish pride flag with a Star of David. But the committee allowed for open discussion, Shalev said, and they never ended up banning the flags.
That culture changed after Oct. 7, 2023, when Shalev said fellow organizers showed little understanding of the personal toll the attacks had taken.
“Here I was, post-October 7 with my Israeli wife, navigating all of this in our home, trying to understand if her friends and family were OK,” Shalev said. “And then having to navigate this with the Dyke March committee.”
A year later, an attempt at reconciliation was short-lived. In June 2024, the Dyke March Instagram account put up a post acknowledging that the committee’s delay in condemning the attack of Oct. 7 had caused harm and insisting that “unequivocal solidarity and empathy for Jewish safety can coexist alongside unwavering commitment to Palestinian safety and freedom” — then removed it after a half hour.
Organizers’ reason for deleting the post, they wrote in a subsequent post, was that “any language we put out which is not clearly opposed to a Zionist, imperial agenda is harmful to all.”
The 2024 march — dubbed “Dykes Against Genocide” — raised funds for five groups including Within Our Lifetime, a group that voiced support for Hamas after Oct. 7 and defends “the right of Palestinians as colonized people to resist the zionist occupation by any means necessary.”
That same year, Shalev co-founded Shalom, Dykes, a group that describes itself as a place where “Jewish dykes can exist fully and freely as themselves, no questions asked.”
What began as a one-off alternative to the Dyke March quickly became something larger. Roughly 300 people attended the group’s first celebration with dancing and a performance by drag queen Matzah Belle Soup at an East Village bar, scheduled at the same time as the Dyke March.
“I definitely thought it was going to be a one-time event,” Shalev said. “Immediately during and after that event, I understood that this was actually much, much larger than I thought.”
Even after the split, Shalom, Dykes encouraged members who wanted to attend the Dyke March to do so together. But two years on, Shalev said, fewer people are interested in reengaging with the Dyke March, while Shalom, Dykes has continued to grow.
One of those attendees was Amy Vernon, who came out as bisexual at age 50 and said she was still finding her footing in queer communities when she attended her first Dyke March in 2023. Marching proudly through the streets surrounded by thousands of queer women was an “electric feeling,” she said.
But the following year, the march’s statements about Zionism made Vernon feel like she couldn’t attend. Shalom, Dykes gave her an alternative.
“It really just felt like this lifeline,” Vernon said. “Because I was still trying to figure out where I even belonged anymore.”
Last year’s Shalom, Dykes dance party drew about 600 attendees — double the turnout of its first event — and the group has expanded into a year-round community, hosting holiday celebrations and happy hours.
“We’ve reached the point where we’re settled in for the long haul,” Vernon said. “I don’t know what future there is for American Jewry if we can’t eventually build bridges back, but to my knowledge, there is no interest from the Dyke March or other queer organizations to welcome us back.”
Dissenters depart
Founded in 1993 by a group of activists called the Lesbian Avengers, the Dyke March — which unlike New York’s Gay Pride parade the following day takes place without corporate sponsorship, permits, or police presence — originally had a strategically narrow focus: lesbian visibility. By separating themselves from male-dominated parades, the Avengers sought to specifically highlight women’s issues.
Today, organizers frame the Dyke March through a broader, intersectional lens. Its “statement of values” includes not only “anti-Zionism” but also “anti-militarism,” and standing “in solidarity with all oppressed peoples and occupied lands, including Palestine” among its many priorities.
According to Shalev, the change in approach reflected the exodus of dissenting voices in recent years, which left the committee without the intergenerational perspective that had long characterized the march.
By 2025, committee member Jodi Kreines found herself as the lone voice opposing a proposal to reaffirm the march’s anti-Zionist commitments.
“The only qualification was you had to identify as a dyke, and that was really what I was holding to,” said Kreines, who has been marching for two decades. “The idea that creating an explicitly anti-Zionist message would be really exclusionary of a large swath of dykes, especially within New York City.”
After Kreines voiced her concerns about the group’s anti-Zionist stance in the Forward last year, the committee voted to remove her in a 15-2 vote.
Kreines said she never shared her personal opinions about Israel with the committee. Her argument, rather, was that the march should remain open to all dykes regardless of their beliefs.
“You don’t get to determine who is a good dyke or a bad dyke, just as you don’t get to determine who is a good Jewish person or who is a bad Jewish person,” Kreines said. “There is no one way to exist.”
Other Jewish activists who challenged the committee’s anti-Zionist stance last year faced similar treatment, including Judith Kasen-Windsor, the widow of legendary gay rights activist Edie Windsor — the lead plaintiff in the landmark marriage equality case at the Supreme Court. Kasen-Windsor was also told she was no longer welcome at any Dyke March planning or organizational meetings.
“It was our community, and now it’s not our community anymore,” Kasen-Windsor told Gay City News after she was ousted from her role.
Dyke March organizers did not address questions about the committee’s process for removing members or their tolerance for dissent, instead directing the Forward to their “value statement” on Zionism.
“We oppose the nationalist political ideology of Zionism, particularly as it is promoted within U.S. institutions, which continues to be used to subjugate, displace, and marginalize Palestinian people,” the document reads. “We stand against antisemitism in all its forms and recognize that Jewish people have faced historical and ongoing oppression. Our critique is directed at a political system and ideology, not at Jewish people or Judaism.”
Kreines decided not to fight the committee’s decision.
“I needed to choose to protect my peace,” Kreines said. “I was not in any place that I had the capacity to fight anymore.”
The post For years, Jewish activists tried to get the NYC Dyke March to accept Zionists. Now, they’re moving on. appeared first on The Forward.
