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Israel has been an LGBTQ haven in the Middle East. Its new government could change that.
(JTA) — The minister holding the country’s purse strings calls himself a “proud homophobe.” Another minister says Pride parades are “vulgar,” while a deputy minister who wants to cancel them was just given power over some aspects of what schoolchildren are taught. And then there are the lawmakers who want doctors to be able to decline medical care to LGBTQ people.
These are all members of the new Israeli government helmed by Prime Minister Benjamin Netanyahu, and their extreme anti-LGBTQ sentiment has unnerved LGBTQ Israelis and their allies at home and overseas.
The politicians’ positions are not new, but their positions of power and leverage within the government are. Plus, the new government’s push toward a judicial overhaul that would give lawmakers the right to overrule the Supreme Court adds vulnerability to legal precedents that have protected LGBTQ Israelis.
“The majority of the gay community in Israel is feeling very unsafe,” said Hila Peer, the chairwoman of Aguda-The Association for LGBTQ Equality in Israel. “You have at least an intention to legislate laws that are dire for the gay community.”
Could Israel cease to be a haven for LGBTQ people in a hostile region? Netanyahu and others in his coalition say they are committed to protecting gay rights, but the volatile political situation means the future is hard to predict. Here’s what you need to know.
Where did LGBTQ Israelis stand before this government?
Israel is known as a gay haven in the Middle East, and Tel Aviv is frequently cited as one of the most gay-friendly cities in the world, with a Pride parade that draws hundreds of thousands of revelers from Israel and abroad. But the full picture is more complicated.
Same-sex marriage is not legal in Israel. Still, like other couples not recognized by the country’s religious establishment, LGBTQ couples can access the legal benefits of marriage.
Israel’s religious institutions control marriage for each of its constituent faiths, and the Jewish rabbinate hews to Orthodoxy. That means a slew of couples cannot marry in the country: interfaith couples; marriages between Jews in which one of the couple is not recognized as Jewish under Orthodox precepts; marriages between a man and a woman who was not divorced under religious law; marriages between a “Cohen,” or descendant of a Jewish high priest, and a divorced woman; and LGBTQ couples.
Under Israeli law, those relationships are nonetheless recognized as legal for the purposes of benefits, inheritance, parenting, adoption and other rights, if the couple is wed abroad, or in certain cases if the couple can simply prove a longstanding common-law relationship.
Israel’s Supreme Court has been essential to extending marriage rights to LGBTQ couples. In 2006, the court ruled that the country must recognize same-sex marriages performed abroad. In 2021, the court extended the right to same-sex couples to have children via surrogates, and last year, a lower court recognized marriages carried out remotely, which effectively allows same-sex marriages in which the couple, if not the officiant, is in Israel.
Other protections have come through the Knesset, Israel’s parliament, though less so in recent years. A rarely enforced ban on homosexual relations was taken off the books in 1988, and the army began allowing openly gay service members in 1993 — the same year the U.S. armed forces adopted a policy permitting gay service members only if they remained closeted.
In 1992, the Knesset passed a law banning employment discrimination based on sexual orientation, with some religious exceptions. In 1997, the Knesset extended to the LGBTQ community protections from defamatory language that are available to other communities. And in 2000, it passed the Prohibition of Discrimination in Products, Services and Entry into Places of Entertainment and Public Places Law, which forbids the denial of services to any class of people, including based on sexual orientation.
Despite the legal protections, LGBTQ Israelis have long faced opposition from within the haredi Orthodox sector, where rabbis inveigh against homosexuality and politicians have vowed to run the country according to Orthodox interpretations of Jewish law. Jerusalem’s smaller Pride parade has frequently attracted extremist protesters from the sector, some of them violent. One teenage participant was murdered in 2015.
What changes do members of the current government want to make?
Politicians from the religious parties in the new government have floated multiple changes to laws and regulations that would diminish the status of LGBTQ Israelis.
The Religious Zionist Party, one of three in the Religious Zionist Bloc, is led by Bezalel Smotrich, who has called himself a “proud homophobe” and has envisioned Israel as a theocracy. At least two members of the bloc, including Orit Strok, say a proposed law would allow service providers, including physicians, to decline treatment to LGBTQ people.
Another party in the bloc, Noam, is led by Avi Maoz, who wants to cancel Pride parades. He also advocates for conversion therapy, a practice shown to increase the risk of suicide for LGBTQ people who experience it. Maoz, who was given a new role in charge of “Jewish identity,” was confirmed on Sunday to a Ministry of Education position with authority over external programming in schools.
Even the minister responsible for maintaining relations with Diaspora Jews has expressed anti-LGBTQ sentiment. Amichai Chikli favors recognition of same-sex relationships but derides LGBTQ “pride,” says he finds the annual pride parade to be “vulgar” and believes that sexual expression should be “subdued.” He has also said that the LGBTQ rainbow flag is an antisemitic symbol.
For now, these proposals and ideas exist in the realm of rhetoric. But the deal between Netanyahu’s party, Likud, and United Torah Judaism, the haredi Orthodox bloc, spells out that the 2000 prohibition-of-discrimination law will be amended “in a way that will prevent any harm to a private business that withholds services or products based on religious belief, as long as the product or service is not unique and a similar product or service is available nearby geographically and for a similar price.”
Both opponents and defenders of the change say it echoes recent U.S. Supreme Court decisions that have allowed evangelical Christian wedding retailers to decline services to same-sex couples.
That’s a license to discriminate, said Peer. “The Discrimination Act amendment will actually state that any person in Israel can be discriminated against based on ‘belief’ and that is simply a horrible situation for us to be in,” she said.
Is Netanyahu on board with anti-LGBTQ proposals?
Not directly. Netanyahu has never made anti-LGBTQ sentiment core to his governance, and he has been critical of anti-LGBTQ expressions by his coalition partners this month. He called the idea of letting medical providers deny care to LGBTQ patients “unacceptable” and has appointed a close ally who is gay, Amir Ohana, as Knesset speaker. (Some haredi lawmakers refused to look at Ohana, and a leading rabbi affiliated with Shas, one of the coalition partners, said Ohana was infected with a “disease.”) Netanyahu also opposed Maoz’s call to cancel the Jerusalem Pride parade.
Netanyahu has pointed to LGBTQ rights when insisting — as he has done frequently — that he is in control of his government, despite the prominent positions awarded to its extremist members.
“This Israel is not going to be governed by Talmudic law,” he told opinion journalist Bari Weiss. “We’re not going to ban LGBT forums. As you know, my view on that is sharply different, to put it mildly. We’re going to remain a country of laws. I govern through the principles that I believe in.”
But Netanyahu’s concessions to the far-right parties made to smooth his path back into power have his critics concerned that he may not keep his word on LGBTQ rights. The coalition agreement about the discrimination law, while not binding, indicates that he is willing to compromise.
Peer said Netanyahu’s signed pledge to the Religious Zionist bloc held more water with her than his protestations afterward.
“Why give the man the keys if you’re not going to let him drive the car?” she said.
Furthermore, even if Netanyahu prevents anti-LGBTQ laws from reaching the books, he backs proposed changes to the judiciary that would make vulnerable protections obtained through the courts.
How does the controversial judiciary overhaul proposal factor in?
The main action taken so far by Netanyahu’s new government relates to the country’s judiciary. His new justice minister, Yariv Levin, has proposed letting a Knesset majority of 61 members to override the Supreme Court if the Court strikes down a law. Levin has also proposed letting the Knesset majority appoint the majority on the panel responsible for appointing judges.
Those proposals, which are moving through the legislative process with Netanyahu’s support, would “in the long run totally and almost surely infringe on the rights” of LGBTQ Israelis, according to Amir Fuchs, a senior researcher at the nonpartisan Israel Democracy Institute’s Center for Democratic Values and Institutions.
“The coalition will have total power to appoint the judges which means they will be a lot more conservative, more religious,” Fuchs said. “If the Supreme Court will have been captured by a coalition which is very religious, very nationalist, very conservative, then we cannot rely anymore on the Supreme Court to further progress the rights” for LGBTQ people, or for others at risk of marginalization. He said the changes would likely result in a majority of right-wing judges within four to six years.
The proposals have drawn criticism from nonpartisan watchdogs, international legal experts and Israel’s left, which views the judiciary as an essential bulwark against theocratic governance. An estimated 100,000 people protested against the proposals in Tel Aviv on Saturday night, and more protests are planned.
But a majority of Israelis appear to support allowing the Knesset to override Supreme Court rulings, according to a poll released Monday by the Israel Democracy Institute.
Do anti-LGBTQ measures have public support in Israel?
No. Polls show the majority of Israelis back equal treatment for the LGBTQ community.
“We have an extreme right-wing group that is threatening to make changes that the vast majority of the public does not stand behind,” Peer said.
Fuchs said a backlash would likely inhibit, at least in the short term, the passage of any proposed laws targeting the LGBTQ community.
“There is a strong support of LGBTQ rights, so it won’t be easy to pass laws that bluntly and openly infringe upon LGBTQ rights,” he said.
Some backlash has already occurred. Strok’s speculation that doctors could deny service to LGBTQ people immediately spurred a social media video montage of staff for 10 medical service providers in Israel in which they repeated, “We treat everyone!” One of the speakers was a Hasidic male urgent care nurse, in a sign that even Orthodox sectors might not support extreme actions.
But Smotrich says he believes his party’s supporters are not bothered by anti-LGBTQ efforts.
“A Sephardi or a traditional Jew, do you think he cares about gays? He couldn’t care less. He says, ‘Do you think I care that you [Smotrich] are against them?’” Smotrich said in a private conversation with a businessman that the public broadcaster Kan published on Monday. (The coalition is also threatening to defund Kan.) In the comments, Smotrich outlined some limits on his activism. “I’m a fascist homophobe, but I’m a man of my word,” he said. “I won’t stone gays.”
What are LGBTQ activists in Israel and the Diaspora saying and doing?
LGBTQ Israelis are playing a crucial role in the mounting anti-government protests, activating a network that put some 100,000 people in the streets in 2018 after Netanyahu voted against a bill to allow gay couples to use surrogacy.
And even without any concrete changes taking place yet, LGBTQ activists say talk is already creating a hostile environment.
Ethan Felson, the CEO of A Wider Bridge, a U.S. organization that advocates for Israel’s LGBTQ community — and stands up for Israel within the LGBTQ community — likened the language in the coalition agreements to U.S. party platforms, which do not necessarily influence policy but set a tone nonetheless.
“It can foreshadow, or it could be words on a page,” Felson said. “But those words should never be on any page. I heard from the mom of [an Israeli] trans kid this morning just how fearful they are for their families, their security. We know all too well that when people say bad things in one place we can expect other people to act out in hateful ways in another.”
Felson, whose past is in Israel advocacy — for years he directed the Jewish Federation of North America’s Israel Action Network — suggested that the part of his current job advocating for Israel in the U.S. LGBTQ community just got a lot harder.
“I would not like to wake up and find out that Kanye West is in charge of the Civil Rights Department over at Justice,” is how he described the challenge, referring to the rapper and designer who in recent months has come out as an antisemite.
Felson’s group is urging U.S. Jews who meet with politicians from the new government to raise concerns about LGBTQ Israelis. It is also planning to call on pro-Israel funders to fill any budget gap created if the Israeli government slashes funds for LGBTQ services, as Felson expects it to be.
A Wider Bridge is also planning to forego its traditional presence at Tel Aviv Pride to instead join the Jerusalem parade, which takes place in a more fraught atmosphere, according to Felson.
“There’s a time to protest and a time to party,” he said.
Stuart Kurlander, a philanthropist who is prominent in the LGBTQ and the pro-Israel communities, said that he is consulting with LGBTQ activists in Israel, and should things take a turn for the worse, making up for lost government funds could be one avenue for his philanthropy.
“If it develops and there are impacts to the LGBTQ community, then I along with other philanthropists will look to try and fill those gaps,” he said.
Kurlander said in an interview that he takes Netanyahu and Ohana at their word that they will stem an anti-LGBTQ backlash. He said his support for Israel would not be diminished if the changes by the extremists go through, but that other donors might be negatively affected.
“It’s not going to deter me and my support for Israel,” he said. “I suspect it may for some.”
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Jewish world marks first day with no hostages in Gaza by shedding their symbols of support
(JTA) — After 843 days, Jews around the world put down their masking tape, yellow ribbons and pins: The last Israeli hostage in Gaza was home.
The return of Ran Gvili’s body on Monday ended a two-and-a-half-year advocacy campaign to return the roughly 250 hostages taken by Hamas on Oct. 7, 2023. The campaign galvanized Jews around the world and introduced a visual vocabulary of symbols meant to keep the hostages in the public consciousness and add pressure for Hamas to return them.
Some Jews removed or reduced their hostage displays in October, when all of the living hostages were released. But others said they would not do so until the last hostage was home.
Now, they are shedding their symbols. Israeli President Isaac Herzog posted a video of himself removing his hostage pin.
Rachel Goldberg-Polin and Jon Polin, the parents of Hersh Goldberg-Polin, who was murdered in captivity, announced that they would not wear the masking tape marking the number of days since Oct. 7, a symbol they popularized.
“In solidarity with all of the families who have had to bury loved ones since October 7th, 2023, we take off our masking tape and pray for comfort…for us all,” they posted on Instagram.
The return of Gvili’s remains marks the end of a period of intense pain for Israelis and Jews around the world and clears the way for a new phase in the three-month-old ceasefire between Israel and Hamas. It also raises questions about whether ties between Israeli and Diaspora Jews could suffer without the hostage issue that has united them.
Eylon Levy, a pro-Israel influencer who ascended during the war and has worked with the Israeli government, said he was removing his pin but would keep it in his pocket, not shelve it totally. He said the conditions under which the war ended, with Hamas still armed and in power in much of Gaza, meant it might be useful again.
“The Oct. 7 hostage crisis is over, but it won’t be the last hostage crisis,” he said. “We put the hostage takers of tomorrow back on the streets.”
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The Nazis massacred innocents when their regime was crumbling. What does that say about Minneapolis?
“We are the strongest country in the world,” Scott Bessent, the United States’ treasury secretary, said recently on Meet the Press. “Europeans project weakness. We project strength.”
The events of this month in Minneapolis, culminating with the fatal shooting of Alex Pretti by Border Patrol agents last weekend, show he is incorrect. Mass violence by the government against the people is not a sign of strength, but rather a sign of a nation dangerously divided. “Massacres seem, on one level, to be outcomes of power struggles within weak or crisis laden states,” writes Mark Levene, a professor of Jewish history, in The Massacre in History, adding that a massacre is “indicative not of power at the center but rather, of the lack of it.”
Here is one example from history: On June 10, 1944, days after the Allied invasion of Normandy, the German army entered the French village of Ouradour-sur Glane and rounded up 197 men and 445 women and children. They locked the men in a barn and the women and children in a church, and proceeded to kill them — 642 people, including seven Jewish refugees.
German military power made the massacre possible. But the slaughter took place while the Nazi state was disintegrating. The massacre projected weakness on the part of the failing German power, not strength.
More recent examples are also available.
Within the last month, the government of Iran has killed thousands of its own citizens who were protesting the oppressive regime — violence that has brought the country closer to regime change than at any point since the 1979 revolution.
Already weakened by its inability to protect itself from Israeli and American bombardment last summer, the government’s massacre of its own people has been broadly interpreted as a signal of profound instability. The “despotic regime is fragile and desperate,” Benjamin Wallace-Wells recently wrote in The New Yorker. When the government turns to violent repression, it gambles: It can provoke yet more outrage, or it can succeed in forcing calm — temporarily.
Which brings us to the U.S., which Scott Bessent has claimed is projecting strength. What has occurred in Minneapolis does not yet qualify as a massacre, despite the killings of Pretti and Renée Nicole Good. But our own country’s history provides a warning about the dire signal those killings send, and how much worse things could get.
Directly after the end of the Civil War, Memphis, Tennessee received a flood of immigrants, particularly Black citizens newly freed from slavery. The U.S.army occupying Memphis as part of Reconstruction reacted by arresting many of those free black citizens, and forcing them to work in the cotton fields outside the city. Major William Gray ordered that the streets be patrolled by soldiers from Fort Pickering, tasked with making arrests and forcing those they detained to accept exploitative labor contracts with local planters.
Similarly, the Memphis police, all white, took to beating black people in the street for the crime of “insolence.” After a white policeman was shot during an altercation in 1866, a white mob made up in large part by the municipal police and fire fighters ransacked Black homes and killed 46 Black people.
That massacre took place at a time when the United States was bitterly divided. The Civil War had just ended. The President had been assassinated. In Memphis, federal forces rubbed shoulders uneasily with municipal police. Local and national political powers were profoundly at odds.
The massacre in Memphis offers both an explanation and a warning about what is happening today in Minneapolis — and what could still be in store.
Just as our military kidnapped people off the streets of Memphis, forcing them into inhumane conditions, so ICE is kidnapping people in Minneapolis today. Just as children were arrested in Memphis, children as young as 5 have been detained in Minneapolis.
These parallels are evidence of a weak and woefully unpopular government. What is happening in Minneapolis is appalling; the example of Memphis gives us reason to fear that the stage is being set for something worse.
That said, there are no laws of history. Not every weakened or divided society results in a massacre. But there is an alarming resonance between the legacy of the Nazi massacre in Ouradour-sur Glane; the Iranian regime’s massacre of civilian protesters; the 19th-century massacre in Memphis and the outbreak of official violence in Minneapolis. It is that of a radically divided society, with a weakened government, falling prey to horrendous violence.
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Orthodox Jewish groups have been quiet about ICE. This Minneapolis rabbi wasn’t.
When the heads of major Jewish denominations co-signed a letter last week criticizing “in the strongest possible terms” the conduct of Immigration and Customs Enforcement in Minneapolis, Orthodox Judaism was conspicuously absent. Neither the Orthodox Union nor Agudath Israel of America — the two leading Orthodox umbrella organizations — has commented on the mass deployment of ICE and Border Patrol officers to the city.
There’s a reason Orthodox leaders might be choosing their words carefully — condemning ICE would put them at odds with not only a sizable chunk of their membership. Unlike members of the Reform, Conservative and Reconstructionist movements, Orthodox Jews — who represent about a tenth of the American Jewish population — lean heavily conservative, with about three-quarters supporting President Donald Trump in the 2024 election. (The Orthodox Union and Agudath Israel did not respond to separate inquiries.)
There was, however, at least one Orthodox rabbi willing to criticize ICE in public. Rabbi Max Davis, who leads the Minneapolis synagogue Darchei Noam Congregation, was one of 49 Jewish leaders to sign a Jan. 16 letter from the Minnesota Rabbinical Association, which said ICE was “wreaking havoc across our state” and which resolved to “bear witness and make a difference.”
I called Davis to learn more about why he signed and what he’s seeing on the ground. He also spoke about congregants who have been pepper sprayed or arrested at protests, how he approaches politics at the pulpit of an Orthodox shul, why he rejects the Holocaust comparisons some are making and how he’s tried to make a difference.
The interview below has been edited for length and clarity.
The Forward: Why did you sign this letter?
Rabbi Max Davis: It felt like a very reasonable, very carefully thought out response to the present situation. I know that there are many within the shul who are looking for some leadership in this moment, and signing was a drop in the bucket compared to what some people are doing.
By the same token, I know that there are other perspectives within my own shul and certainly within the broader Orthodox community, and I strongly believe that it’s not the role of a rabbi to police his congregants’ politics. In our shul, we learn from and respect each other, and there’s an incredible amount of wisdom and life experience beyond my own. So I signed with caution, but with quite a feeling of disappointment and anger in the events unfolding downtown, and the loss of life in particular.
I’m probably the only Orthodox rabbi in the Minnesota Rabbinical Association, and there have been statements issued that I have not signed. But this one was an opportunity I was not going to miss.
What’s been the reaction at Darchei Noam to your signing the letter?
I got several yasher koachs (plaudits) privately. Those who may disagree, I think were and are being polite. There’s definitely been some pushback about politics entering our shul. But I haven’t heard much about the letter specifically. I don’t think anyone was terribly surprised that I signed it.
More broadly, what are things like in your community right now?
Within our kehilla (congregation), there’s a diversity of opinion. But mostly what I’m hearing is deep sorrow and frustration and anger and pain — particularly from those who watch the videos, who are acquainted with individuals suffering directly from the ongoing operations, or who have watched what the operations have been doing to our city and to our community.
Have you seen what’s happening firsthand?
There’s someone in our extended community who just got out of jail and called me about 10 minutes ago to give me a heads up. We have a couple of people in the community who have been pepper sprayed. We have people in the community who have been very active in supply drives and driving children to school because their parents are afraid to come out.
Instead of buying stuff at the sort of generic supermarket I thought I might as well make the money count where people are hurting the most. So I went a couple weeks ago to try and pick up some kiddush supplies down at one of the large Latino markets that I know has taken quite a hit. I was pretty much the only customer. It was a very sad place.
So in those regards, I’ve seen what’s going on. I was down at the march last Erev Shabbos (Jan. 16). It was minus-10 degrees. There were 50,000 people out there in the streets and thousands more in the skyways and in the buildings that we could see. You see banners and signs hanging onto highways. You see people clustered at intersections with signs and upside-down American flags. There’s a tremendous amount of anger out there.
What’s it like to be living through that?
It’s heartening and it’s disheartening. It’s disheartening that it feels necessary; it’s heartening to see community coming together. It’s disheartening to see signs comparing the federal government and ICE to Nazi Germany; I find that, as a Jew, deeply offensive and ignorant. And by the same token, I find all of the messages around community and common decency to be a beautiful sight.
It’s not to say that I have any solutions to the more fundamental politics. I’m not saying that the country doesn’t have an immigration problem. But I do know that you can’t watch the video of Alex Pretti, the ICU nurse from the VA hospital, you can’t watch the video of Renee Good in her car and how that unfolded — shootings on streets and in neighborhoods that I know — you can’t watch that and not be highly disturbed and moved.
Have you addressed this moment at all from the pulpit?
I have definitely mentioned it in a couple of drashos (sermons). A couple of weeks ago, I spoke about ignoring the broader humanity and the plight of our neighbors at our own moral peril. Nechama Leibowitz sees a progression in Moshe’s interventions, first on behalf of another Jew against the Egyptian, then for a Jew against another Jew, and finally, with the daughters of Yitro at the well, between two non-Jewish parties. It was a good base for talking about doing what we can, when we can, to be an ohr l’goyim (a light unto the nations). I don’t think I said the word “ICE,” but there was no mistake about the subject matter — I think Renee Good had been shot like two days earlier.
With drashos, I’ve tried to be a little bit more tempered and restrained, because I think a lot of people come to hear Torah and inspiration and political issues are risky business. I’m also careful because I don’t want to ruin people’s Shabbos in other ways. Everyone has so much of this all week long, and I know some people look forward to Shabbos just to take a break. I’ve been told by some people that I’ve been too pareve, and by others that it’s been too much. So maybe I’m succeeding or failing everybody at the same time.
You mentioned the Nazi comparisons. Why do you take offense to those in this context?
That was industrialized murder, and concentration camps — there’s not a word to describe the evil of what that was. That was just exponentially more horrific. And it disturbs me to no end — although I am not surprised to see people make this comparison and I get where they’re coming from — how lightly the Holocaust and the evils of Nazi Germany seem to be treated when people want to trot out a paradigm of evil.
Why did it feel important to you to patronize the Latino grocery store?
I feel for these communities, where these are honest, legitimate, hard working businesses, and they watch their customer base all but dry up — that includes people who are here legally, employees who are here legally. But there are so many stories of individuals who are being racially profiled or being picked up by mistake.
I was very angry about the story of a Laotian man who, in front of his family and children, was pulled out of the shower into 10-degree weather and bundled off into an ICE vehicle and driven around for an hour before they figured out that he was here legally and had no criminal record. He was let go without so much as an apology. He’s got a wife and small children — and I’ve got a wife and kids, you know? This kind of thing is absolutely unacceptable. And unfortunately, it doesn’t seem like that was such an outlier case. And that’s not an America that I believe in.
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