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Why a county in Utah could play a role in Israel’s judicial crisis

(JTA) — Aaron Davidson has never been to Israel. He isn’t Jewish. He began serving in his position, Utah County clerk, just two months ago.

But the policies he oversees in his office in Provo, Utah, could have an impact more than 7,000 miles away — in the halls of Israel’s parliament, the Knesset, in Jerusalem.

That’s because Davidson is the top local official in a county that has, improbably, caused a seismic shift in the way marriages are legally recognized in the Jewish state. An ensuing court battle over the issue — which the Israeli government just lost — could provide added motivation for Prime Minister Benjamin Netanyahu to pass controversial judicial reform that has already thrown the country into crisis.

Let’s take a step back and break this down.

How does marriage work in Israel?

Although a large chunk of Israeli Jews are secular, legal marriage in the country is controlled by the Chief Rabbinate, which is haredi Orthodox. In other words, within Israel, the only way for a Jew to get legally married is through an Orthodox ceremony.

That means same-sex marriage, interfaith marriage and non-Orthodox weddings performed in Israel are not recognized by the Israeli government. Also left in limbo are hundreds of thousands of largely Russian-speaking Israelis, who are not Jewish according to traditional Jewish law and are therefore unable to get married in Israel.

But there’s a loophole of sorts: Marriages performed and recognized abroad also get recognized in Israel. So for decades, non-Orthodox Israelis have found a workaround to those restrictions by taking a short flight to Cyprus to tie the knot, or traveling farther afield for their weddings. They then bring their marriage certificate to Israel complete with a stamp of authentication (called an apostille), and voila: legally married.

What does that have to do with Utah?

Starting in 2020, Utah County, Utah, began recognizing marriages performed entirely via videoconference, as long as the officiant or one of the parties was in the county. The county encompasses the area surrounding Provo, which is home to Brigham Young University and has a tech scene. Officials saw the new remote marriage system as a way to make it easier to “execute a permission slip from the government for two consenting adults to get married,” as former County Clerk Amelia Powers Gardner told The New York Times,

The innovation coincided with the onset of the COVID-19 pandemic, and beginning later that year, Israelis realized they could now get legally married in Utah without having to leave Israel — in fact, without having to leave their living rooms. Since 2020, Davidson estimates that more than 1,000 Israelis have taken advantage of the remote weddings. The fees for the remote wedding total a maximum of $155.

“The technology now opens a window of opportunity for thousands of Israeli couples every year to quickly, simply, cheaply gain civil marriage without leaving their homes,” said Rabbi Uri Regev, CEO of Hiddush, an Israeli organization that advocates for religious pluralism. “That in and of itself is a real breakthrough.”

(Israelis aren’t the only foreign nationals to use the county’s remote wedding option. It has also been a boon for gay couples from China.)

How have Israeli officials responded?

They are not happy about it. The acting Israeli interior minister, Michael Malchieli, is a member of the haredi Orthodox Shas party, and had refused to recognize the Utah marriage certificates, as did a predecessor of his, arguing that the marriages took place in Israel. A predecessor of his had also refused to recognize the certificates, but last year, a court ruled that the government must recognize the Utah marriages.

That decision made its way to Israel’s Supreme Court which, on Tuesday, ruled unanimously in favor of the married couples. Henceforth, their marriages will officially be seen as valid in Israel. The court made a similar decision in 2006 that compelled the state to recognize same-sex marriages performed abroad.

“It is the duty of the [Israeli] registrar to refrain from making decisions regarding the validity or invalidity of the marriages themselves,” the court wrote in a summary of its decision on Tuesday. “When the registrar is presented with a proper public document, he must, as a rule, register it accordingly and refrain from making decisions regarding complicated legal matters.”

How is this related to Israel’s current crisis?

Israel is currently in the throes of a raucous national debate over legislation being pushed by Netanyahu’s government that would effectively sap the Supreme Court of much of its power. One bill would allow a simple majority of Israeli lawmakers to override court decisions, meaning they could negate decisions like the one handed down this week.

Proponents of the court reform say the legislation will allow Israeli law to more effectively represent the will of the country’s right-wing majority. Another Shas lawmaker, Moshe Arbel, cited Tuesday’s decision as a reason why the court reform is urgent.

“The high court, in another political step, proved once again how necessary the judicial reform is,” Arbel said, according to the Israeli publication Ynet. The decision, he said, works to “erase the Jewish identity of the state.”

How do officials in Utah feel?

Initially, it seemed Davidson, the county clerk, might do away with the virtual marriages. His campaign website said that “This online option devalues the union of a marriage and Utah County should not be the entity that facilitates the marginalization of marriage.”

But since taking office, he told the Jewish Telegraphic Agency, he has changed his mind. His concern, he said, was that abusers could take advantage of the virtual weddings to facilitate underage marriage and human trafficking. Now he realizes that that has not been an issue, and he is working on upgrading the county’s facial recognition software to forestall that possibility.

“It doesn’t seem like there’s any controversial marriages that want to happen in Israel, so I’m totally open in keeping that open and alive,” he said. “We’re trying to avoid any hint of child marriages or forced marriages or trafficking. We want to make sure that we know who it is that’s getting married before we perform the marriage online.”

Alex Shapiro, the executive director of the United Jewish Federation of Utah, is likewise happy about the Supreme Court decision. “[I] fully stand behind the decision to make civil marriage available to all citizens,” Shapiro told JTA. “I’m further pleased that the state of Utah can play a role in these unions without the challenge of couples needing to travel out of the county to be married.”

Davidson’s county, however, has few Jews and a politically conservative population. It is the home of the flagship school of the Church of Jesus Christ of Latter Day Saints, which opposes same-sex marriage.

Davidson, who is a member of the LDS church, said that he has heard a few objections from residents about facilitating same-sex marriages abroad. But he told JTA that he feels the virtual marriages uphold another core conservative tenet: limited government.

“Government restricts who can live where, in what country, and I kind of feel the same thing about marriage,” he said. “Why do I feel like I have the power to prevent a couple — whether same-sex or traditional — [from] being able to be happy with their life, and do what they want? That’s kind of been a guiding principle: Why should I have the power to control the happiness of somebody else?”

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The post Why a county in Utah could play a role in Israel’s judicial crisis appeared first on Jewish Telegraphic Agency.

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Israel’s election deadlock: 3 scenarios for what comes next

(JTA) — JERUSALEM – As election results from Israel’s parliamentary vote on Tuesday continue to trickle in, what seems clearest is that no side in this political race will have enough votes to form a majority government, meaning the question of who Israel’s next prime minister will be remains uncertain.

According to the vote count so far, Prime Minister Benjamin Netanyahu’s Likud party could have as many as 28 seats, yet his bloc of right-wing and ultra-Orthodox parties will fall short of the 61 seats needed to form a majority government.

Yashar, the party led by Netanyahu’s main rival, former Israeli army chief Gadi Eisenkot, looks set to be the second-largest party, with around 22 seats. The so-called “change” bloc that Eisenkot leads will likely have around 47 seats, also far short of what is needed to form a government on its own.

Meanwhile, Israel’s Arab parties, which both blocs have said they wouldn’t include in a coalition, are on pace to get at least 17 seats collectively and could become key to helping the opposition oust Netanyahu.

The formal process whereby each party holds consultations with Israel’s President Isaac Herzog to recommend a candidate for prime minister will likely begin next week. Political analysts are already speculating on possible scenarios.

Their tentative takeaway: Reality may force political leaders to break their solemn promises to not work with certain other parties.

So what are the possible scenarios if the final results leave the political arena so starkly divided? Here are the three most likely outcomes.

1. The “change” bloc plus the Arab parties

All the parties in the change bloc bar the Democrats, led by Yair Golan, stated throughout their campaigns that they would not form a government with either of the Arab parties, even though Mansour Abbas, the leader of Ra’am, an Islamist faction, joined a centrist coalition from 2021-2022, breaking what had once been a taboo. Abbas is again offering to join forces with the change bloc.

“Clearly this is emerging as an option mathematically and politically,” Yohanan Plesner, president of the Israel Democracy Institute, told the Jewish Telegraphic Agency on Wednesday. But he added, “It’s obviously not only a violation of campaign promises, but I think the Israeli public opinion is deeply unprepared for such an option.” Tolerance for working with an Islamist party has diminished since the deadly Oct. 7, 2023, Hamas-led raids.

Another variation on this option is for the change bloc — Eisenkot’s Yashar party, B’Yachad, led by former prime ministers Naftali Bennett and Yair Lapid, and Avigdor Lieberman’s Yisrael Beiteinu party, as well as the Democrats — to form a minority government.

While 61 seats are needed to form a majority government, there is nothing to prevent a government with fewer than 61 seats from being formed if it can gain support on key legislative decisions.

This could happen if Arab factions support the change bloc on key votes but otherwise don’t play a role in the government. This would give the change bloc up to 65 seats when Arab parties’ support from the sidelines is added in.

Even this step has been rejected by Lieberman, yet Professor Jonathan Rynhold, of the Department of Political Studies at Bar-Ilan University, said it was possible that Eisenkot could put pressure on him to accept.

“Even though Lieberman has said no to such an option, he might say yes if he’s the prime minister,” Rynhold said.

On the other hand, the Arab parties, especially the Joint List, might demand concessions for such an agreement that Eisenkot himself finds hard to stomach.

2. Formation of a unity government

A quick look at the political map following Tuesday’s vote shows that center-right parties ranging from Eisenkot’s Yashar party to Lieberman’s Yisrael Beiteinu, with Likud and B’Yachad in between, gained a substantial share of the seats. One possible scenario is that some of these parties, even though they are avowed political foes, could join forces.

“I think it is perhaps more likely that there will be serious negotiations around a unity government,” Plesner said. “I would imagine that Netanyahu would prefer unity based on him forming a coalition with all of his bloc members, and then luring one of the ‘change bloc’ parties to his government.” That would mean including ultra-Orthodox parties Shas and United Torah Judaism and far-right parties led by Itamar Ben-Gvir and Bezalel Smotrich.

However, Plesner said the change bloc parties would most likely push for a “real unity government,” whereby Netanyahu “gives up on one of the far-right parties that has caused a lot of challenges for Israel’s international image, or perhaps an ultra-Orthodox party that has refused to pass a military draft bill.” He was referring to a law that would force more haredi men to serve in the military, from which they’ve traditionally been exempted. This, he said, would create a “Zionist, more centrist-leaning option.”

“I think this is something that Israeli public opinion would be able to live with and perhaps even prefer, but I can’t say anything about the political viability of it,” Plesner said.

The change bloc ran on replacing Netanyahu, and no doubt many of its voters would feel betrayed by such an outcome.

3. Another round of elections

In his election night speech, Eisenkot declared that “after an election with such high voter turnout, it would be a mistake to hold another election.” Some 77.7% of voters cast ballots, the highest since 1999, according to election officials.

However, with no bloc reaching a majority and serious ideological disagreements among the parties, another round of elections might be the most likely possibility. For Netanyahu in particular, allowing the process to play out while he retains his position as interim prime minister until another election is held could well be the most favorable outcome for the long-serving leader, according to Plesner.

A similar scenario played out beginning in 2019, when Netanyahu’s bloc of supporters failed to achieve a majority. Israel then held a series of elections, culminating in the March 2021 vote, when Netanyahu’s bloc was ousted by a center-left alliance led by Bennett and Lapid. The November 2022 election returned Netanyahu to power.

“I don’t really know what the path forward is now,” said Gideon Rahat, a political scientist at the Hebrew University of Jerusalem.

“If we were talking 10 years ago, I would say that something else might happen – a unity government or a different solution perhaps,” he said. But given the entrenched political camps at this point, another round of elections might be where the country is headed.

On the other hand, given the unpredictable nature of Israel’s political scene, Plesner noted that it could be a “time for politicians to get creative.”

“I wouldn’t be surprised if all sorts of ideas that we haven’t thought of before come up in the upcoming few weeks,” he said, adding that he believed that, with so much uncertainty, it could “take weeks and perhaps months” before the next prime minister is determined.

This article originally appeared on JTA.org.

The post Israel’s election deadlock: 3 scenarios for what comes next appeared first on The Forward.

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Netanyahu may have won Israel. He’s losing America.

Prime Minister Benjamin Netanyahu may have just won over Israelis. Now comes something harder: winning Americans.

Israel’s election results aren’t final, and there is still a long way to go before a government is formed, but Netanyahu outperformed the expectations of almost all the polls and pundits.

I get why. Security is Israelis’ primary concern, and under Netanyahu, the IDF has set back Iran’s nuclear program, quieted rockets from Hezbollah in the north and devastated, if not fully defeated, Hamas in the south.

Israeli voters overlooked or dismissed Netanyahu’s accountability for Oct. 7, focusing instead on the country’s strong economy, the Abraham Accords, or his willingness to accommodate the demands of the religious parties.

But what is working at home for Netanyahu is not working abroad. Specifically, in America, support for Israel under Netanyahu has cratered, and yesterday’s election is unlikely to boost it back up.

The percentage of Americans holding an unfavorable view of Israel has gone from 42% in 2022 to 60% in 2026, according to Pew research.

For the first time since 2001, according to Gallup, more Americans sympathize with Palestinians (41%) than Israelis (36%).

Among Democrats, 8 in 10 have an unfavorable view of Israel — up from 69% last year. Among Republicans, the future looks the same: 57% of Republicans 18 to 49 now have an unfavorable opinion of Israel, up from 50% last year.

Tucker Carlson and Vice President JD Vance, both of whom have accused Israel of dragging America into war with Iran, are more likely the party’s future than its past.

American Jews used to boast of a bipartisan consensus in favor of Israel. They worked for decades to help forge it. Now that bipartisan consensus is moving in the opposite direction.

Under these circumstances, any new Israeli prime minister would be facing the world’s shortest honeymoon with Israel’s strongest partner.

Netanyahu’s will be even shorter if he prevails. Israelis may not be tired of Netanyahu, but Americans are. A Pew survey this year found 59% of Americans had little or no confidence in him. Among American Jews it was 56%.

Those numbers should frighten anyone who cares about Israel. The American-Israel relationship is not about popularity. It’s about survival.

No matter who was elected, America’s foreign aid allocation to Israel, a political liability, should phase out, something Netanyahu himself proposed when the current aid bill expires in 2028.

But Israel will still need to buy weapons from somewhere when its stockpiles run low during a war. It will need to share and coordinate intelligence, or join forces to eliminate nuclear or other common threats. America is still the best address for that.

A strong bilateral relationship — “even close to the strength that we’ve known it for the past couple of decades” — will depend on a new government’s behavior, Rachel Brandenburg, a senior policy analyst at the Israel Policy Forum, said in a call with journalists before the election.

‘Repairing a relationship’

That begs the question: Can Netanyahu change?

After almost two decades in power, is it at all possible that he will recognize the cost to Israel’s standing in America if he continues down the same path his current government has followed?

If he wants a reset with Democrats and Republicans, will he actually reach out to Democrats? Will he rein in the Jewish terrorists on the West Bank who have wreaked havoc on Palestinians, including American citizens? Will he exclude these terrorists’ supporters from his cabinet? Will he include Arab parliamentarians in his government, and address Arab concerns, after their historic showing in this election?

Finally, will he open up a diplomatic horizon with the Palestinians that will, in the end, be the only way to consolidate the military and diplomatic gains he has made?

These steps would go a long way to repairing a relationship whose rupture would be devastating, but not symmetrical.

“Israel will not be alone unless it decides to go alone,” President Lyndon Johnson warned the Israeli prime minister on the eve of the 1967 Six-Day War.

It’s a warning I pray the next Israeli prime minister abides.

The post Netanyahu may have won Israel. He’s losing America. appeared first on The Forward.

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Israel’s opposition has the numbers to defeat Netanyahu. Will it let him survive anyway?

According to exit polls, Israel’s opposition appears to have achieved something remarkable: a parliamentary majority of up to 70 seats, including the Arab parties, over Benjamin Netanyahu and his allies. In almost any other parliamentary democracy, such a result would be understood as a decisive victory for the forces seeking a change of government. Yet Israel may be heading toward the extraordinary spectacle of an opposition that wins a commanding majority and nevertheless allows the incumbent to remain in power.

The reason is a political taboo: several opposition leaders have promised not to form a government dependent on the support of Arab parties, even though virtually every plausible path to replacing Netanyahu requires precisely that.

And if the exit polls are right, those Arab parties have almost doubled their Knesset representation, to perhaps 18 seats in the 120-seat Knesset. This happened because of a huge increase in voter turnout among the 20 percent of Israelis who are Arabs.

In past elections, almost half the Arabs stayed home on election day, compared to participation levels of around 80 percent among Jews. The surge appears to have been driven by despair over the perceived hostility of the Netanyahu government, and anger over ultranationalist National Security Minister Itamar Ben-Gvir, who has displayed inaction and indifference about the lawlessness that bedevils the Arab sector.

The two Arab parties – Ra’am and the United Arab List – have already offered to back Gadi Eisenkot, the former military chief who heads the largest opposition party, Yashar.

This landscape presents the wider opposition with a real dilemma. Its leaders may end up breaking their most important promise to voters — to remove Netanyahu from office — in order to honor a secondary promise not to form a governing coalition with Arab parties and depend on the safety net they offer. That promise should have been no more than a white lie to reassure wavering Jewish voters who in the past supported the right. Sticking to it would be a spectacular case of snatching defeat from the jaws of victory.

In his speech to supporters after polls closed Tuesday, Eisenkot promised to use the results to set up a government. “The Israeli public voted to end Netanyahu’s rule as the prime minister of Israel,” he said. “It’s my personal duty to do everything to bring about the will of the people.”

If Eisenkot and the rest of the opposition now show resolve, a minority government supported from outside by Arab lawmakers is one possibility. A coalition that includes at least Ra’am, the pragmatic Islamist party that participated in Israel’s 2021 governing coalition, is another. Defections from the right could also help assemble a government. These also should be considered, as long as those joining it are not given the power to block essential reforms or perpetuate the policies that voters sought to reject.

None of the options are clean and simple. But the notion that Arab parliamentary support renders a government illegitimate is neither a democratic principle nor a reflection of Israel’s political history.

Indeed, a look at that history reveals something that Netanyahu’s long dominance has helped obscure. Since the political upheaval of 1977, Likud victories have generally depended on ultra-Orthodox support, while victories by the non-Likud camp have repeatedly depended on Arab votes.

In 1984, Shimon Peres managed to force a parliamentary tie with the help of six seats held by Arab parties. In 1992, Yitzhak Rabin’s victory yielded a majority of 61 seats only when five Arab lawmakers were counted. In 1999, Ehud Barak won a landslide in the direct election for prime minister, but his reliable parliamentary bloc numbered only 60 seats, including 10 Arab lawmakers. The addition of right wing parties enabled him to govern.

The pattern continued in 2006, when Kadima’s victory was widely perceived as decisive, even though its assured parliamentary bloc numbered just 60 seats without additional Arab support. And in 2021, Yair Lapid’s success in assembling a government that ended Netanyahu’s 12 consecutive years in power depended on a parliamentary alignment of 61 lawmakers opposed to Netanyahu, including 10 Arab representatives.

With the notable exception of Ra’am in 2021, Arab parties generally did not become formal coalition partners. Peres formed a national unity government with Likud – and Rabin, his majority secured via the Arab parties, formally brought in the religious party Shas. In all these cases the Arabs’ parliamentary support for the opposition helped prevent Likud from forming a government and made alternative coalitions possible. In some cases, Arab lawmakers then supported the government from outside, while politicians from the traditional right-wing camp eventually crossed political lines to join the governing arrangement.

Against that historical background, the 2026 result should be understood as an extraordinary opportunity for Israel’s liberal and anti-Netanyahu forces. The central question is whether their leaders will recognize it or miss the opportunity.

Netanyahu remains the prime minister under whose watch the catastrophe of Oct. 7 occurred. His government has resisted the establishment of a state commission of inquiry into the failures surrounding the attack. His coalition has advanced measures widely criticized as threats to democratic institutions, while presiding over an increasingly polarized society.

Another term for Netanyahu and his present allies could deepen Israel’s institutional deterioration, social divisions and strategic vulnerability. For critics who believe the country is already approaching a dangerous democratic and societal crossroads, the stakes are difficult to overstate.

There is also a striking inconsistency in the argument that relying on Arab support is somehow beyond the bounds of legitimate politics.

Netanyahu himself explored the possibility of forming a government with the support of Mansour Abbas, the leader of Ra’am, in 2021. That possibility collapsed largely because Bezalel Smotrich, now one of Netanyahu’s most prominent far-right partners, refused to accept it.

The time has come for Israel to show some appreciation for its Arab citizens, who constitute roughly one-fifth of Israel’s population. They work, study, pay taxes and participate in the country’s civic and economic life. They vote in national elections and elect representatives to the Knesset. There is no coherent democratic justification for treating those representatives’ mandates as inherently less legitimate than those of Jewish lawmakers.

To be sure, Arab political parties hold positions, particularly on the Palestinian question, that many Jewish Israelis find deeply objectionable. Some of those disagreements are profound, and coalition negotiations involving Arab parties inevitably raise difficult questions about national identity, security and the Israeli-Palestinian conflict.

But ultra-Orthodox parties also hold positions that many secular Israelis regard as fundamentally incompatible with their vision of the country, including on religious authority, military service and civil liberties. Far-right parties in Netanyahu’s coalition have promoted policies that critics see as far more damaging to democratic norms than anything the Arabs might do.

There will undoubtedly be pressure for a national unity government, possibly from Washington. President Donald Trump, who endorsed Netanyahu, seems likely to pressure Eisenkot to agree. The machinations might include restarting the war with Iran. Eisenkot should resist it all.

Israel’s declaration of independence promised equality. Israel’s opposition has a golden opportunity to keep that promise.

 

The post Israel’s opposition has the numbers to defeat Netanyahu. Will it let him survive anyway? appeared first on The Forward.

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